The functioning of the Commercial Lay Judges in Germany. The history and the perspective of resuming the activity of Commercial Lay Judges in Ukraine with the application of german experience
The subject of this research is the work of the mixed courts, with judges and commercial lay judges in its composition, for resolving commercial disputes.
The first part of the research covers forming and procedural peculiarities of dispute resolutions with the participation of commercial lay judges in Germany. The author gives a short overview of the historical background of the establishment of this institute, analyses its development and its legal framework as well as its work today. The author covers the issue of the motivation of commercial lay judges, the practice of their involvement into dispute resolutions and the matter of trust to this institution in German society.
The second part of the research covers the history of establishment and development mixed composition of courts for commercial dispute resolution in the period from 12th century through 1920 on the territories that currently are part of modern Ukraine. The author also analyses the history of the establishment of the state arbitration court during the soviet times and the influence of the arbitration court on the establishment of the modern commercial courts in Ukraine. The author provides for more detailed analysis of the reasons for the failure of judicial reforms and low level of trust in courts from the side of business. The research also provides the analysis of the possibility of re-implementation of the practice of dispute resolutions before commercial lay judges and proposes mechanism of establishment of the mixed courts with lay judges in its composition for reviewing commercial cases in Ukraine.