Comercial jurisdiction during marital state - it cannot be stopped to continue

Abstract

The article highlights the peculiarities, changes and innovations of economic justice during the period of martial law. The article specifies the main principles and methods of regulating the economic process for the period from February 24, 2022. The current legislation of Ukraine regarding the introduction of corrections, clarifications and changes in general has been analyzed.

The conditions of martial law significantly affected the economic activity of enterprises. Restrictions on the transportation of goods were introduced, which affected their production and sale. Also, enterprises may be forced to stop their work due to restrictions on the movement of people in certain areas or bans on activities that may cause danger.

In such conditions, economic disputes acquire special importance, since the economic stability of enterprises becomes extremely important for ensuring the functioning of the country's economy. And at the same time, in the conditions of martial law, new economic disputes may arise related to restrictions on the movement of goods and services, violation of contractual obligations, changes in terms of payment and many other factors. It is argued that the war on the territory of Ukraine and its consequences affected the judicial system, which led to corrections in judicial economic processes.

It was found that today commercial courts can be conditionally divided into those that cannot work at all (their cases have been transferred to other courts located in safer territories), those that work normally with compliance with safety recommendations, and those whose operating mode is as close as possible to the regular one (commercial courts of Zaporizhzhya, Donetsk, Kharkiv and Luhansk regions and the Eastern Commercial Court of Appeal). In general, economic proceedings continue to be carried out, cases are considered, and decisions are made [8].

It has been proven that in the event of the introduction of martial law in Ukraine, economic justice does not stop its activity, but some of its aspects have changed.