BUSINESS SUPPORT DURING THE PERIOD OF MARTIAL LAW: PRACTICAL AND REGULATORY AND LEGAL ASPECTS

In the work, the author carried out a study of current problematic issues related to securing a claim in commercial litigation. Emphasis is placed on the sufficient number of types of claim security in economic procedural law, and in parallel on the fact that, due to the implemented judicial reforms, the CAS of Ukraine, unfortunately, does not provide for counter security. Introduction. The institution of securing a claim in commercial litigation is an overriding guarantee of the protection of the rights of a potential claimant, which, due to the legal framework, will guarantee in the near future the appropriate and productive execution of a court decision, since the prior provision will obviously be subject to a financial requirement to the defendant, respectively, the implementation of the latter without the introduction of priority measures to effectively enforce the claim may become unlikely. The subject of securing a claim is exclusively a material and legal claim (of a property or non-property nature), which, in aggregate, can form the subject of a claim subject to execution in the future. Purpose. based on the regulatory and legal framework, practical aspects, to carry out an analysis of the totality of measures to ensure a claim in economic litigation; describe and research the generally established and regulated by law rules for submitting an application for securing a claim, the accepted requirements for making a corresponding application, etc. Materials and methods. The research materials are: — updated legislation: the Law of Ukraine “On Amendments to the Constitution of Ukraine (Regarding Justice)”, the Law of Ukraine “On the Judiciary and the Status of Judges”, the Law of Ukraine “On Amendments to the Economic Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts”; the works of domestic and foreign authors conducting their scientific and practical research were considered in the context of securing a claim in economic procedural law. The use of methods is determined, first of all, by a systematic approach, which makes it possible to investigate problems in a single legal plane. In order to achieve the established goal of the article, the dialectical approach of scientific knowledge is singled out and the complex methodology of innovative general scientific modern trends, which have found their application in legal science, is applied. Thus, the formal-logical method was used to determine the definition of “claim security” of the essence of judicial control; the method of legal analysis — examining the fundamental principles of securing a claim in economic litigation; the norms of European legislation were investigated using the comparative legal method. Results. In the course of the research, the author worked on the disclosure of practical aspects of taking measures to secure a claim, worked out judicial practice, in particular, the activity of the Supreme Court in this aspect. The result of the study of the problems of the institution of securing a claim in economic litigation is the actualization of unresolved issues related to the regulatory procedure of the relevant procedural institution.