THE ISSUE OF DETERMINING THE JURISDICTION OF CASES TO THE COMMERCIAL COURTS

Introduction. The European Convention for the Protection of Human Rights and Fundamental Freedoms imposed obligations on member states to guarantee access to justice and the effectiveness of legal remedies. Referring to the judicial practice of the European Court of Human Rights, a situation in which a person whose rights have been violated cannot determine the competent court or other competent body to which he or she can send a relevant application is recognized as a violation of Article 13 of the Convention, as the right of access to a court must be effective. The requirement of effectiveness, among other things, involves the clarity of the legislative provisions: if the procedural rules are written in such a way as to create a certain uncertainty, the person whose applications were rejected on the basis of a violation of the procedural rules is recognized as having no real, effective access to the court. The problem of choosing the appropriate court and determining judicial competence in exercising the right to access to court, ensuring the right to effective legal protection has become particularly important. Questions regarding the establishment of an effective mechanism for the distribution of powers between judicial bodies regarding consideration of certain categories of cases are actively discussed by scientists and legal practitioners. The provisions of the current procedural legislation regarding the delimitation of sub-departments (jurisdictions) need improvement. The circle of disputes under the jurisdiction of commercial courts is gradually narrowing, which calls into question the expediency of preserving the entire system of commercial courts in Ukraine. The purpose. The purpose of the study is to conduct an analysis of the jurisdiction of the economic courts of Ukraine. The article analyzes the content of Clause 1 Part 1 of Art. 20 of the Code оf Commercial Procedure of Ukraine. An assessment of the existing doctrinal approaches, legal positions of the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the Higher Commercial Court of Ukraine, as well as other higher specialized courts of Ukraine regarding recommendations and clarifications on the issues of determining the competence of courts regarding consideration of economic cases were given. Results. The conclusion is substantiated, according to which there is quite objectively a tendency towards a gradual narrowing of the range of cases subordinated to commercial courts, which endangers the existence of the entire system of commercial courts of Ukraine. Discussion. In further scientific research, it is assumed that attention will be focused on the issue of demarcation of the jurisdiction of economic and administrative courts in consideration of land disputes.