ACTIVITIES OF ARBITRATION COURTS: PROBLEMS OF THEORY AND PRACTICE

The article examines certain problems of the theory and practice of arbitration courts. The legal status and jurisdiction of arbitration courts in Ukraine is characterized as an institutional component of civil society, which also has some common features with courts of general jurisdiction. It is noted that the activity of arbitration courts is based on specialized legal principles, general legal and procedural legal principles. It is substantiated that the imperfection of legislation in the field of legal regulation of the functioning of arbitration courts in Ukraine negatively affects not only their activity, but also the effectiveness of the entire justice system in the country. It was determined that among the shortcomings of the functioning of arbitration courts of Ukraine, information ignorance and mistrust of the public, abuse of arbitration courts, unfriendly judicial practice of state courts, lack of a generalized practice of consideration by state courts of cases related to the activity of arbitration courts, the existence of complex systemic legal conflicts and legal gaps in sphere of legal regulation of the activity of arbitration courts, etc.It was noted that among the areas of improvement of the organization and functioning of the arbitration court, it is possible to single out: improvement of normative and legal regulation of the activity of arbitration courts; formation of friendly judicial practice of state courts in this area; informing broad sections of the population about the activity of arbitration courts4 increasing the requirements for the formation and operation of arbitration courts; involvement of professional lawyers in the activity of arbitration courts; implementation of a communication strategy in the sphere of activity of arbitration courts; development of interaction of arbitration courts with the state justice system and typical forms of procedural documents for arbitration courts; increasing the authority and ensuring the independence of the founding organization of the arbitration court, the reputation of the arbitration court, eliminating the prerequisites for abuse of authority by the judges of the arbitration court, etc.