Commercial court as a subject of evidence collection

Abstract

The article examines the role of the commercial court as a subject of evidence collection within the framework of Ukraine's commercial procedural legislation. The relevance of this topic arises from the need to balance the principles of adversarial proceedings and party disposition with the court's authority to gather evidence. The author analyzes the relevant provisions of the Commercial Procedural Code of Ukraine (CPC) and judicial practice, emphasizing the general rule that parties are obliged to provide evidence to substantiate their claims or objections. At the same time, in specific cases stipulated by the CPC, the court has the right or even the obligation to intervene in evidence collection. Special attention is given to provisions that allow the court to demand evidence on its initiative when there are doubts about the parties' good faith, as well as appoint expert examinations to clarify essential circumstances. Practical examples demonstrate the application of these powers. Additionally, the article explores the use of judicial orders, the examination of web pages, and other measures to ensure evidence integrity. The author concludes that while maintaining impartiality, the court plays an active role in ensuring an adequate level of evidence, particularly in complex and contentious cases. This approach ensures a balance between the principles of party disposition and adversarial proceedings, contributing to the fair resolution of commercial disputes.