Theoretical approaches to determining the form of commercial proceedings

Abstract

The article is devoted to the issues of the form of commercial proceedings. It is proved that the concept of the form of commercial proceedings is primarily related to the activities of the commercial court in considering cases that fall within its jurisdiction, therefore it is the main category of commercial procedural law. The article emphasizes that the forms of commercial proceedings are defined in the Commercial Procedural Code of Ukraine, but the concept of form is the subject of scientific discussion. The author summarizes the main scientific approaches to determining the form of commercial proceedings and formulates the provisions that are most characteristic for revealing the legal nature of this category. It is argued that, despite its special nature, determined by commercial procedural law, the concept of the form of commercial proceedings primarily derives from the general concept of procedural form. The scientific position is highlighted, according to which the form of commercial litigation is a set of rules that regulate the procedure for conducting commercial proceedings. The author also cites scientific approaches, according to which the form of commercial proceedings is the legally established procedure for the activities of the commercial court and the persons participating in the case, that is, the performance of procedural actions. The article proves that the concept of the form of judicial proceedings is associated with the administration of justice and can be considered as a form of activity of a commercial court in considering cases within its jurisdiction. The forms of commercial proceedings are legal proceedings and injunctive proceedings. Legal proceedings is the main form of commercial proceedings, within which a commercial court decides a case based on a plaintiff’s claim against a defendant regarding a violated, unrecognized, or disputed right or interest related to business activity. The article highlights certain aspects of simplified proceedings and the issues of injunctive proceedings. It was concluded that legal proceedings are the main form of commercial proceedings, and injunctive proceedings are a simplified form of commercial proceedings.