FEATURES OF THE PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES IN THE СOMMERCIAL COURT

Abstract

In the conditions of martial law, the epidemic of the coronavirus COVID-19, the global decline in production and the economic crisis, caused by such factors, the most powerful enterprises temporarily stop their work, and numerous representatives of small and medium-sized businesses are forced to stop their economic activities altogether. Nevertheless, the majority of economic obligations remain valid until the moment of their proper fulfilling, which is significantly complicated or even impossible for objective reasons. In this regard, the occurrence of business disputes is actually inevitable, so the problem of judicial protection of the rights of business entities remains relevant, despite all listed circumstances. So currently, almost every business entity in the course of its activity is faced with the need of protection of his violated rights and interests. The judicial form of protection of the rights of entrepreneurs is the most effective and regulated in detail form at the legal level. In this regard, legislative bodies of power in Ukraine have an urgent practical task of adapting the economic justice system to the factors of objective reality. The article examines the institution of protection of the rights of business entities in the commercial court. There are determined the main criteria distinguishing judicial protection from other forms of protection of the rights of economic entities. Also there are analyzed the claim and injunctive forms of judicial protection, the possibility of securing a litigation by the commercial court, the essence of the decision of the commercial court as a valid legal instrument of the judicial form of protection. Attention is paid to the possibility of appealing court decisions, reviewing of the court decisions based on newly discovered circumstances, and the stage of execution of commercial court decisions.