THE ROLE OF ECONOMIC COURTS IN THE ECONOMIC DEVELOPMENT OF UKRAINE

Abstract

The subject of the study is the role of economic courts in the economic development of Ukraine. The purpose of the article is determined by the current economic processes taking place in the country in connection with the full-scale aggression of the Russian Federation and the introduction of martial law in the territory of the state by the Decree of the President of Ukraine of February 24, 2022. According to preliminary forecasts, by the end of 2022 inflation in the country will increase to over 30%, and by the end of 2023 and 2024 it is expected to reach 20.7% and 9.4% respectively. Therefore, the purpose of the article is to provide a theoretical and practical substantiation of the impact of economic courts on the support and development of the State's economy in modern conditions. The methodological basis of the work is a set of general philosophical, general scientific and logical methods, the combination of which allowed to achieve a certain level of objectivity, comprehensiveness, as well as the validity of the study and the reliability of the conclusions. The leading role in the work is played by the statistical method, which made it possible to outline the trends in the number of considered economic cases, the amount of property claims of plaintiffs and the amount of funds allocated for recovery (indicators for 2021, 2020, 2019, 2018, etc. were considered). The results of the study make it possible to conclude that the influence of economic courts is both direct and indirect. Direct influence is manifested in the results of administration of justice, resolution of commercial disputes and satisfaction of interests of business entities. The indirect impact is related to the replenishment of the special fund of the State Budget of Ukraine by economic courts through the receipt of court fees. In addition, the difficulties faced by judges of economic courts in the context of the full-scale aggression of the Russian Federation against Ukraine are highlighted: 1) the danger to the life and health of judges, court staff and visitors to the court in general (for example, in Odesa from February 24, 2022 to September 8, 2022, air alert was announced fifty-one times, its total duration was thirty-nine hours); 2) destruction or damage to the material and technical base of economic courts (for example, in the Economic Court of Donetsk region and the Economic Court of Luhansk region, located in the same building, the plaster on the facade of the building was damaged, the building of the Economic Court of Mykolaiv region was damaged); 3) lack of judges (this is due to the suspension of the work of the High Qualification Commission of Judges of Ukraine, on the one hand, and the fact that some judges left the country with the beginning of hostilities); 4) insufficient level of funding (in 2020, the Supreme Court received six appeals from economic courts regarding insufficient funding, and in 2021, special attention was paid to the problem of underfunding of the Economic Court of Kyiv region, which led to a shortage of funds in the wage fund of the court staff). Practical implications. It is determined that any further actions of the state should be aimed at raising the qualification level of judges of economic courts and public confidence in them, popularization of the procedure for applying to economic courts and legal proceedings. Value/originality. The study confirms the effectiveness of economic courts and allows to analyze it from a new perspective, since, as most scientific studies show, the effectiveness of economic courts is mainly associated with: the speed of consideration of cases; a small number of decisions appealed to a higher instance (compared to the indicators of general and administrative courts); the percentage of cases considered.