COURT DECISION AS DOCUMENTARY SUPPORT FOR ECONOMIC PROCEEDINGS

Abstract

This scientific article is devoted to the procedural and legal analysis of the concept, features and varieties of the decision of the commercial court as the main procedural document that mediates the current actions of the judge and is used in all branches of the commercial courts, which indicates its universal nature. The decision of the commercial court is an economic procedural document that mediates all actions (orders, instructions) of the judge at all stages of the judicial process, in all links of the system of commercial courts, the content of which is authoritative prescriptions regarding the execution of certain legal actions or the occurrence of certain legal consequences, which are generally binding. The grounds for issuing a decision are clearly defined in the current economic and procedural legislation. The purpose of applying the decision in the economic process can be given in two meanings – in a broad sense as a component and guarantee of a comprehensive, complete and legal consideration of the case, which corresponds to the task of economic justice, and in a narrow sense as a way of recording all procedural actions performed by a judge during the consideration of a specific case business affairs. It is possible to classify the rulings of the commercial court according to the following criteria, depending on: 1) the branches of the commercial court: rulings of the court of first instance, rulings issued by the appellate court and those issued by the cassation court: 2) the possibility of appeal: rulings that are subject to appeal and those which are not subject to appeal; 3) procedure and grounds for adoption: complete and incomplete (protocol) resolutions; 4) regulatory support: resolutions provided for by the Civil Procedure Code of Ukraine and resolutions provided for by the Code of Ukraine on Bankruptcy Procedures; 5) object: general resolutions and a separate resolution; 6) execution options – those that are an executive document and those that do not have the force of an executive document.