Beginning of the Arbitration Courts establishment in the territory
of Ukraine, in present day understanding, can be considered the Commercial
Court establishment in Odessa in 1809. Later, such courts had been
established in Feodosiya (1819) and Ismajil (1824). The Emperor of the
Russian Empire Mykola I had issued on 14 May, 1832 a nominal decree on
Commercial Courts establishment and Statute of legal procedure ratification.
In this way a system of Commercial Courts of the Russian Empire has been
founded – predecessors of the contemporary Arbitration Courts. Carried
out in the Russian Empire reform in 1864 did not touch upon the
Commercial Courts. There were some changes in judicature – disputes were
considered not only on the ground of the Statute of Commercial judicature
but also in compliance with the Statute of Civil judicature from November
20, 1864. The principle characteristic of judicature in the Commercial
Courts was a tendency to try a case rapidly. The Commercial Courts
functioned till 1917. Provision of USSR on Higher Arbitration Commission
establishment in Ukraine had been approved on November 1922. The Arbitration
Commission under Council of Labor and Defense of USSR headed the system
of republic and local arbitration commissions, Provision on which was
approved on June 6, 1924. On November 30, 1979 by the Verkhovna Rada of
USSR the Law of USSR “On state arbitration in USSR” had been adopted,
that determined improvement of the state arbitration role in law
consolidation in economic relations. On the ground of this Law the
Council of Ministers of USSR adopted Provision on State Arbitration under
the Council of Ministers and Orders of economic disputes consideration by
the state Arbitration Courts. The Law of Ukrainian SSR has been adopted
on June 4 1991. Therefore, in the history of USSR an independent system
of Arbitration Courts in separate republic was founded. Summing up,
according to Art. 1 of the Constitution of Ukraine “On Arbitration Court”
Arbitration Court is an independent judicial body in consideration of all
economic disputes emerging between juridical persons, state and other
bodies. The Arbitration Court is authorized to try cases on complaints of
juridical persons (including foreigners) entrepreneurs, state and other
bodies, public prosecutors, (their deputies), who appeal in the interests
of the state.
Leadership
The
Higher Arbitration Court of Ukraine constitutes of Head of the Higher
Arbitration Court, first Deputy of the Head, Deputies of the Head and
Judges and operates in the structure of the Higher Arbitration Court of
Ukraine Plenum, Presidency of the Higher Arbitration Court of Ukraine,
Judicial Collegium on dispute consideration and Judicial Collegium on decision,
provisions and sanctions review.
Structure
TheArbitration Courts of Ukraine represent a unified coordinated
hierarchic system. According to Art.5 of the Law of Ukraine “On
Arbitration Court” the Higher Arbitration Court of Ukraine, the
Arbitration Court of the Crimea Republic, Regional Arbitration Courts, of
Kyiv and Sevastopil act in Ukraine and constitute the only system of the
Arbitration Courts of Ukraine. At the same time, the Ukrainian
legislation provides for establishment of other branches of the
Arbitration Courts: local, interregional, regional Arbitration Courts
etc.. The Verkhovna Rada of Ukraine on the submission of the Head of
Higher Arbitration Court of Ukraine can establish new branches.
Tasks
The tasks of the Arbitration Court of Ukraine are: rights
protection and registered interests of legal relationship participants;
promotion of law consolidation in the sphere of arbitration relations;
making proposals aimed at law arbitration activity regulation
improvement.
Legal basis
The
activity of the Higher Arbitration Court of Ukraine is regulated by the
Constitution of Ukraine; the Ukrainian Laws “On solvent debtor or declare
him bankrupt”; the Law of Ukraine “On Judge Status”.
