Dualism of Ukrainian Commercial Courts: Exploratory Study

The Hague Journal on the Rule of Law, 6(2), 2014

28 Pages Posted: 23 Jun 2014 Last revised: 6 Feb 2015

See all articles by Tatiana Kyselova

Tatiana Kyselova

KMA Mediation and Dialogue Research Center, National University Kyiv - Mohyla Academy

Date Written: June 21, 2014

Abstract

This paper aims at exploring the core characteristics of the so-called black and white tracks of the dual commercial justice system in Ukraine through a five-year ethnographic case study of court experiences of selected Ukrainian companies. The empirical findings of this study confirm that the majority of litigants in routine cases have rather positive experiences in courts, while a minority of the cases are diverted to the black track resulting in justice not being delivered. It is argued that the black track within the Ukrainian judiciary is consciously designed and reinforced by the ruling elite as a part of the state governance structure and is subjected to more diverse and contradictory pressures than in Russia. At the same time, this study reveals the astonishing efficiency of the commercial courts in terms of time and cost savings. This zebra-like image suggests that the white ‘stripes’ of Ukrainian courts are brighter, and the black ‘stripes’ are even darker than commonly perceived.

Keywords: courts, efficiency of justice, corruption, Ukraine

Suggested Citation

Kyselova, Tatiana, Dualism of Ukrainian Commercial Courts: Exploratory Study (June 21, 2014). The Hague Journal on the Rule of Law, 6(2), 2014. Available at SSRN: https://ssrn.com/abstract=2457360 or http://dx.doi.org/10.2139/ssrn.2457360

Tatiana Kyselova (Contact Author)

KMA Mediation and Dialogue Research Center, National University Kyiv - Mohyla Academy ( email )

vul. Voloska 10
04070 Kyiv, 04070
Ukraine

Register to save articles to
your library

Register

Paper statistics

Downloads
41
Abstract Views
375
PlumX