The legal nature of the apparatus of commercial courts in Ukraine

Abstract

The problem of determination of the legal nature of the apparatus of commercial courts of Ukraine, and historical conditions of forming their legal status has been studied. The etymology of the term “Court Apparatus” has been defined. The author has conducted a comparative analysis of the status of commercial courts apparatus and the status of the apparatus of other state authorities. The notion of the apparatus of commercial court has been provided; its legal nature and purpose in the organization of commercial courts activities has been found out.

The apparatus of commercial court is offered to consider as organizationally unified system of units and departments, the full-time equivalent of which is the position occupied by the officials and employees who perform the functions of serving, and the main purpose of which is organizational, personnel, logistics and other provision of the appropriate work of judges of the relevant commercial court. It has been found out that the feature of the functioning of court apparatus, including commercial one, is that
although they are actually engaged in organizational and other provision of judges’ activities, but their management authorities are not applied to judges that corresponds the principle of their independence and subordination only to the law. It has been proved that the legal nature of the apparatus of commercial courts allows to position them as a supporting structure within a single state agency – the Economic Court, which officials are related to the judiciary by the relations of interaction, but having no managerial responsibilities to each other.