ОСОБЛИВОСТІ РОЗГЛЯДУ СПРАВИ У СПРОЩЕНОМУ ПОЗОВНОМУ ПРОВАДЖЕННІ В ГОСПОДАРСЬКОМУ СУДОЧИНСТВІ

Abstract

Soloviov O. L. Features of consideration of the case in the simplified claim proceedings in commercial litigation. - Article.

The article examines the procedure for consideration of a case in a simplified claim procedure in economic liti­gation. It is determined that the existence of the institu­tion of simplified litigation is associated with the need to optimize the proceedings in order to consider certain cat­egories of economic disputes without burdensome proced­ures. It is substantiated that the expedited consideration is the main feature of the simplified claim proceedings.

Other features of the institute of simplified claim proceedings were revealed, namely: a special procedural

form, which is based on the accelerated consideration of the case; consideration of cases depends on the quality and completeness of the documents provided by the plaintiff, including evidence; voluntary use by interested parties; determination of preconditions of consideration in the simplified claim proceedings in the procedural legislation of Ukraine; special procedure for the use of evidence; reducing the number of procedural actions or systemic change in the manner of their commission; narrowing the procedural possibilities of the court and participants in the process; limited application to a certain range of cases; completion of the procedural cycle within a certain court; a special procedure for reviewing court decisions made as a result of the case.

It is proved that the improvement of the institution of simplified proceedings, in accordance with the defined European standards and principles, will contribute not only to effective and fair consideration of the case, but also to increase the legal culture, responsibility and integ­rity of the parties. At the legislative level, the possibility of expanding the list of cases that a court may consider in summary proceedings should be determined.