Nikolenko L. Proving in the commercial legal Proceedings

Object of research: the public relations arising from process of proving in modern commercial legal proceedings of Ukraine. The purpose of research: generalization of problems of proving in commercial legal proceedings, substantiation of new scientific definitions and offers on improvement of the legislation concerning the basic categories of institute of proving in commercial legal proceedings on the basis of the complex analysis of the domestic and foreign legislation and practice of its application. A method of research: general and special methods of scientific knowledge - historical, dialectic, logic, formal-legal, comparative-legal. The theoretical meaning consists in a deepening and improvement of theoretical development of process of proving in a science of the commercial procedural law. The kinds of proving are determined and their contents is specified; the expediency of using at disposal of legal proceeding in commercial courts of a category "the standard of proving" as procedural models ofproving is grounded; the concepts "disclosing of the proofs " are entered, which consists in the obligation of each person participating in legal case to open the proofs. The practical meaning is, that the offers concerning power of commercial court and persons, which take part in legal case, should form the basis for modification in a number of clauses of the current legislation, in particular, of Commercial procedural code of Ukraine, Civil code of Ukraine, Commercial code of Ukraine, Law of Ukraine "About insurance". The practical recommendations for drawing up of concrete kinds of the written documents in the relations, which arise from the turnkey contracts on capital construction, bill obligations, property insurance, which can be used in legal activity in commercial legal proceedings, are prepared. The results of researches on lecture and seminars of a rate "The Commercial procedural law" are used. The scientific novelty consists in generalization of problems of proving in commercial legal proceedings,in a substantiation of new scientific definitions and offers on improvement of the legislation concerning the basic categories of institute of proving in commercial legal proceedings. The development of a theme takes into account new conditions of managing, it is accompanied by definition of directions of the further improvement of process of proving. Sphere of use are law-making bodies of the central authority; the subjects of managing; commercial courts; higher educational establishments.