Lomakina E. The appeal review of the decisions of commercial courts

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U002384

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

21-04-2009

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: public relations which arise up during the appellate revision of judicial acts of economic court in a lawsuit production. The purpose of research: development of theoretical positions to procedure of appellate revision of judicial acts of economic court and preparation of suggestions on perfection of the proper legislation. Methods of research: dialectical, historical, comparatively-legal, legalistically-logical, system-structural. Theoretical and practical meaning: consists in deepening and improvement of science of economic process of theoretical developments of determination of features of revision of judicial acts of economic court in an appellate order. Research results are directed for subsequent development of theoretical problems of development in Ukraine of economic legislation and practice of his realization at the revision of judicial acts of economic court in an appellate order, and also were utillized in the educational process of the Pervomayskogo polytechnic institute of the National university of shipbuilding by him. Admiral Makarov MON Ukraine at the study of discipline the "Economic right" for a section the "Economic process", in-process economic court of the Cherkasskoy area and in practical activity of the Department of Pervomayskogo city administration of the Nikolaevskoy area. Scientific novelty: the author investigates the general theoretical principles of appeal in commercial proceeding as a legal institution in order to improve them and to let them be in line with the legal practice actually existing at the commercial courts of Ukraine. The thesis is a first multi-aspect and complex scientific legal research of the aforesaid problems in Ukraine since the time of its independence. The notions of "appeal", "appeal proceeding" "right for appeal", "subject of appeal" are analyzed at the thesis as parts of the integral concept developed by the author. The author delimits appeal, cassation and newly-discovered evidences proceedings as well as compares issues of appeal at civil criminal and commercial procedure. The subject, parties of appeal proceeding and special issues of some participants status are investigated at thesis. The author makes some suggestions concerning improvement of the appeal proceedings at the commercial procedure (e.g. written procedure and short-cut procedure at some kinds of cases). The author suggests also to improve procedure and to change procedural terms for renewal of expired terms to file appeal as well as to give court of appeal right to issue writ of execution. Sphere of use: subjects of initiation of bill; subjects of management in the process of revision of judicial acts of economic court are in an appellate order; economic courts at consideration of disputes; the higher educational institutions.

Files

Similar theses