Youldashev S. Legal regulation of arbitration consideration of economic disputes

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U001291

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

28-02-2006

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Object of research: the public relations, which arise during arbitration consideration of economic disputes, which is carried out by arbitration courts and ICAC at TIC of Ukraine. The purpose of research is the development of the offers concerning system perfection of legal regulation of arbitration consideration of economic disputes on the basis of the complex analysis of theoretical achievement, domestic and foreign legislation, norms of international law, and also experience of functioning of not state courts in Ukraine and other countries. A method of research: dialectic, historical, formal-logic, formal-legal, comparative-legal. The theoretical meaning consists in a deepening and perfection of theoretical development of questions of legal regulation of arbitration consideration of economic disputes. Practical meaning: the blanks and lacks of the current legislation of Ukraine concerning a regulation of arbitration consideration of economic disputes are revealed, and the concrete offers on their elimination are formulated. The conclusions, stated in work, and offers are used by Management of interaction with the Department of economic strategy by preparation of changes and additions to the legislation, and also by development of the educational program and methodical maintenance of course „Legal regulation of arbitration consideration of economic disputes", at reading lectures on named course. Scientific novelty: on the basis of system, complex research of legal regulation of arbitration consideration of economic disputes the theoretical completion is carried out and the offers on perfection of the legislation concerning arbitration consideration of economic disputes are proved. The definition of justice in sphere of managing is formulated, the definition of arbitration consideration of disputes is specified. The classification of the arbitration agreements is modified. The necessity and directions of disposition expansion of arbitration consideration legal regulation of economic disputes (international commercial arbitration) is proved. The offers concerning partial unification of legal regulation of consideration of economic disputes by arbitration courts and ICAC at TIC are proved, and also state and not state legal proceedings. The modification in the current legislation about courts of Ukraine is offered, the offers to the legislation are formulated. Sphere of use are the subjects of the legislative initiative for perfection of the legislation about not state legal proceedings; bodies of state management, judicial bodies, subjects of managing; higher educational institutions.

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