On January 24, 2011 Commercial Law Center and the Academy of Judges co-hosted a professional development seminar “Application of Procedural Norms by Commercial Courts: theory and practice”. 35 economic court judges from all oblasts of Ukraine, as well as representatives of the Academy of Judges, academics and lawyers -practitioners participated in the event.

The workshop took place in Kyiv and focused on commercial court procedures, in particular: principles of commercial procedural law, jurisdiction of commercial courts, parties to commercial disputes, commercial dispute resolution by the first instance courts, procedures for appealing court decisions, execution of commercial court decisions, etc. The seminar contributed to a better uniformity in economic court procedures, improved quality and predictability of court judgments.

Ms. Olena Belyanevych, Doctor of Law, Professor of Commercial Law Department at the Kyiv National Taras Shevchenko University spoke about the principles of commercial procedural law, including principles of rule of law, legality, equality of parties in the court proceedings, competitiveness and publicity. The need to refer to principles arises when there is a gap in legal regulation of respective relations or when the direct use of existing norms may lead to unfair decision.

Mr. Mykola Siriy, Professor at the Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, spoke about the elements of the commercial process form and their effectiveness; jurisdiction of commercial courts; participation of the prosecutor in the court hearings; pre-trial resolution of disputes, etc.

Ms. Tetyana Drobotova, Judge, the Higher Commercial Court of Ukraine paid attention to the most widespread mistakes in the decisions of the first instance commercial courts, which later lead to reversal of these judgments by the Higher Commercial Court.

Mr. Yuriy Popov, CLC Senior Legal Adviser spoke about execution of commercial courts decisions in light of a new Law (comes into effect in March 2011); enforceability of arbitration courts decisions, etc.

FULL TEXT OF THE ARTICLE IS AVAILABLE IN THE UKRAINIAN VERSION ON THE WEBSITE.

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