The Criterion of the Effectiveness of Judicial Protection in Economic Procedural Law: Structural Elements
Year: 2025
Type: article
Abstract: Background. Commercial litigation is a key element in ensuring the protection of the rights of participants in commercial legal relations and shaping an attractive business climate in Ukraine. However, the lack of a clear definition of the concept of "effective judicial protection" leads to inconsistent interpretation of this criterion by courts, resulting in shortcomings in commercial litigation. Thus, there is an urgent need for a clear definition of the effectiveness of protection in the context of commercial litigation and the establishment of specific aspects for assessing the achievement of this criterion. Methods. The article employs general scientific and special scientific research methods, including: the analytical method for studying legal acts, judicial practice, and scholarly research on the effectiveness of judicial protection in commercial litigation; the comparative method for examining different approaches to understanding the effectiveness of judicial protection in commercial litigation; the systemic analysis method for a comprehensive study of various components of the effectiveness criterion of the judicial process; and the generalization method for formulating discussion arguments and conclusions. Results. The article explores the criterion of judicial protection effectiveness in commercial litigation, identifies its structural elements, and analyzes specific practical issues related to their implementation. The author highlights the absence of a clear legislative definition of judicial protection effectiveness and examines its key elements: (1) an effective means of protection, (2) the principle of procedural economy, (3) the presence of mechanisms for the real enforcement of court decisions, (4) the unity of judicial practice, and (5) adherence to the principles of commercial litigation in case consideration. The interconnection between these elements is outlined, emphasizing their impact on the predictability of court decisions, the speed of dispute resolution, and overall trust in the judicial system. The article also analyzes contemporary challenges, including issues with the enforcement of court decisions and the need to improve judicial procedures. Conclusіons. The effectiveness of judicial protection in commercial litigation should be defined as the ability of the judicial process to ensure the real restoration of violated rights or proper compensation. This is a complex criterion that includes an effective means of protection, adherence to the principle of procedural economy, mechanisms for enforcing court decisions, unity of judicial practice, and compliance with the principles of commercial litigation. To enhance the effectiveness of commercial litigation, it is necessary to clearly define this criterion legislatively and improve its individual elements, particularly through the use of alternative dispute resolution methods and strengthening control over the enforcement of court decisions.
Author: Ihor USKOV
Institution: Taras Shevchenko National University of Kyiv
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411384114