| Article title | Criteria for the Efficiency of Commercial Judicial Proceedings in the Context of European Approaches |
|---|---|
| Authors |
Viktoriіa Rіeznikova
Dr. habil. of Law, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Head of the Economic Law Department of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)
https://orcid.org/0000-0003-0149-0710
Scopus ID: 57006564600
Researcher ID: O-4799-2018
reznikova.vv78@gmail.com
Valentyn Shcherbyna
Doctor of Law, Professor, Academician of the National Academy of Law and Economics of Ukraine, Honored Lawyer of Ukraine, Professor of the Department of Economic Law and Economic Litigation of the Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-4221-0965 vsshcherbyna@ukr.net
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| Journal name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Journal issue | 1 / 2026 |
| Pages | 215 - 241 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
| DOI | https://doi.org/10.33498/louu-2026-01-215 |
| Received | 07.11.2025 |
| Accepted | 23.03.2026 |
| Published | 01.04.2026 |
| Abstract | The article examines the criteria for the efficiency of commercial adjudication, the core of which consists of the general criteria of judicial efficiency – the lawfulness and soundness of a judicial decision, timeliness of case consideration, accessibility of justice, and the independence and impartiality of the court. The content of each of these criteria is disclosed in detail. The main focus is placed on the special criteria of commercial adjudication, which are designed to account for the particularities of commercial disputes and whose legal nature is determined, inter alia, by the economic character of conflicts and the influence of judicial outcomes on market relations. The special criteria for assessing the efficiency of commercial adjudication include: ensuring the continuity of commercial turnover; predictability and consistency of judicial practice in commercial disputes; consideration of commercial customs, usages of business practice, trade (including international) and other honest commercial usages, customs of maritime trade, banking customs, and standards of fair business conduct; specialization of judges and management of evidence; judicial determination of the appropriateness and efficiency of the remedy chosen by the claimant; promotion of pre-trial and alternative (out-of-court) settlement of commercial disputes and the development of conciliation procedures in commercial proceedings; effectiveness of interim and preventive measures; efficiency of enforcement of commercial court decisions and judicial supervision over their execution; procedural economy; the “cost” of judicial proceedings and compensation of litigation expenses to the party in whose favor the judgment is rendered; electronic justice (e-justice) and digital services; cross-border enforceability and mutual recognition; the level of trust among business entities and institutional resilience under crisis conditions. It is emphasized that each of the special criteria reflects a distinct functional dimension of the institutional capacity of commercial courts to ensure an adequate level of justice in the sphere of commercial relations, while collectively they form an integrated model of effective commercial justice of the European type. |
| Keywords | efficiency of justice; commercial adjudication; efficiency of commercial adjudication; criteria of judicial efficiency; general criteria of judicial efficiency; special criteria of commercial adjudication efficiency; integrated system of criteria. |
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