Cherlenyak N. Subjectability of cases to commercial courts of Ukraine

Object of research: economic procedural relations, which arise up at the decision of businesses, who are jurisdictions for economic courts. The purpose of research: scientific development of questions of jurisdiction of businesses to the economic courts taking into account the modern pictures of right to the fair judicial hearing and justice. Methods of research: historical, system structural, comparatively-legal, method of analysis and synthesis, deduction, induction, comparison and contrasting. The theoretical meaning of the got results consists in the ground of directions of improvement of the legal adjusting of jurisdiction of businesses economic courts with the purpose of differentiating of jurisdiction of judicial bodies. Practical meaning: consists in subsequent development of theory of commercial-procedural law, to the improvement of current legislation, forming of law practice of courts at consideration and decision of economic businesses. Positions of dissertation were used in work of the Executive committee of Kharkov city advice, Kharkov territorial department of the State commission on securities and fund market, Department of national bank of Ukraine in the Kharkov area at the decision of the vexed and problems questions of differentiating of jurisdiction between the specialized economic courts and general courts, and also between the specialized economic and administrative courts. Scientific novelty: the decision of subjectability is grounded to the commercial courts and its correlation is set with commercial judicial jurisdiction. Developed suggestion in relation to terminology co-ordination of commercial, civil and administrative judicial legislation. Formulated suggestion from differentiating of subjectability to the commercial courts and courts of civil and administrative jurisdiction. A concept is certain and the criteria of subjectability are systematized to the commercial courts. A necessity and concrete suggestions is grounded in relation to expansion of circle of businesses, jurisdictions commercial courts. The new release of the article is offered 12 the Commercial Procedural Law of Ukraine, other suggestions are developed in relation to perfection of legislation on questions of subjectability to the commercial courts and differentiating of jurisdiction between the courts of different jurisdictions. A necessity is grounded of attributing to jurisdiction of commercial courts of businesses which arise out of debatable legal relations or touch them, including with participation the subjects of imperious plenary powers. Sphere of use: subjects of initiation of bill for perfection of legislation which fastens jurisdiction of businesses the economic courts of Ukraine; higher educational institutions for the use in an educational process.