The dissertation is the separate scientific work, the complex research of theoretical and practical aspects of probation in commercial proceeding. Basing on the theoretical achievements of the lawyers from science of the different historical periods and analysis of the actual legislation, the author examines the matters of the terms and the content of term probation in commercial process, the definition of the object of probation in commercial procedure. The important attention is given to the research of the legal status of the subjects of probation, to the definition of their rights, duties and role in the procedure of probation in case, as well as to the legal regime of the instruments of probation in the commercial procedure, of the rules of their application. As a result of the research, the candidate for the title offers the definition of probation in commercial procedure as of activity of the commercial court and of the persons involved in the case, aimed at establishment by means of judicial proofs of the real facts, being the key factors for resolution of the dispute between the parties involved in its content, that means the facts forming the subject of probation. The work grants an important attention to the subjects of probation in commercial proceeding, ie to the proofs. The legal status of the proofs, the rights and obligations during the probation procedure in case are analysed. The author underlines that the commercial court as the institution of justice, has the status of the power. That is why the division of the authorities of the commercial court during the probation procedure is offered to organisational and administrative, they are described in the work. The work researches the instruments of probation in commercial procedure, ie the proofs. Within this context, the definition of the proofs in commercial procedure is given as of the information about the facts approving the existence or the absence of the circumstances of the reference of the parties as the base of their claims and objections, being important for the correct resolution on the case with the legally provided instruments of probation. The important place in the dissertation is given to the creation of the remarks related to improvement of the legal regulation of probation in commercial procedure. The result of the research was the introduction of the notes on the alterations and amendments to the actual legislation of Ukraine, the reveal of the gaps and collisions in this legislation and the means of their removal Keywords: probation, object of probation, subjects of probation, the duty of probation, the proofs, the relativity of the proofs, the application of the proofs, estimation of the proofs.
