Features of court decisions made based on the results of the consideration of separate proceedings

The article examines the features of court decisions made based on the results of the consideration of separate proceedings. It is emphasized that bankruptcy should be understood not only as a mechanism for the liquidation of a legal entity or relief from the debts of individuals, but also as a mechanism for restoring solvency. In the process of bankruptcy, it is sometimes necessary to consider property disputes in which the debtor is a party. Thus, there is a special type of proceeding in the bankruptcy procedure – a separate proceeding aimed at restoring the solvency of individuals or legal entities and meeting the demands of creditors. The fulfilment of the purpose of economic litigation depends on what decision will be made in these proceedings – the effective protection of violated, unrecognized or contested rights and legitimate interests of individuals and legal entities, the state. The principles on the basis of which the decision is made are analysed, namely the principles of the rule of law, legality and reasonableness. The interrelationship between the decisions adopted in the procedure of consideration of the bankruptcy case and the separate proceedings was studied. Court decisions adopted in separate proceedings are based on the principles developed by established European judicial practice. Their peculiarity is that they, like decisions in bankruptcy cases, are aimed at protecting the rights of the debtor and correspond to the task of economic justice defined in the legislation of Ukraine. The signs of implementation of the principles in the adoption of a court decision are singled out: compliance of the laws, on the basis of which the stated demands are subject to consideration and decision, to the Constitution of Ukraine; correct assessment of the evidence collected in the manner established by law in the case; establishment of the factual circumstances of the case, based on the ratio of the activity of the court and the competitiveness of the parties established by the procedural law; exact establishment of the norms of material and procedural law that are subject to application; application of substantive law norms aimed at restoring violated subjective rights and interests protected by law, taking into account the actual circumstances of the case. It is noted that decision-making in the economic court is aimed at resolving disputes, ensuring justice, protecting rights, creating legal precedents and maintaining order in the economic sphere. Court decisions act as the basis of the legal system, contributing to the efficient and fair administration of justice.