Stepanov S. The revision of the commercial court decisions under the newly discovered facts

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U002694

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

12-05-2011

Specialized Academic Board

Д 11.170.02

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

Essay

Research object: public relations which arise up during the revision of economic business under the newly discovered facts. Research purpose: development of new theoretical positions on perfection of the commercial-procedural providing of revision of business after under the newly discovered facts, preparation of suggestions on a change and addition of legislation. Research methods: legalistically-logical, analitiko-sinteticheskiy, system-structural, comparatively-legal. Theoretical and practical value: conclusions and suggestions complement the theory of commercial-procedural right in relation to the features of realization under the newly discovered facts, can be utillized in practical activity of economic courts and management subjects, at subsequent development and perfection of legislation on questions of revision of economic businesses under the newly discovered facts; in an educational process within the framework of commercial-procedural disciplines, and also in subsequent scientific developments of problems of revision of acts of economic courts. Utillized in practical activity of ONU of the name of I.I. Mechnikova of Department of education and science, young people and sport of Ukraine on a commercial-law faculty at teaching of educational discipline the "Commercial-procedural law" to the students of speciality "Jurisprudence". Research results are inculcated in activity of legal department of "Tranzbunker-South LTD." at the scientific advising and organization of legal work. Scientific novelty: the revision of judicial acts is investigational after novoviyavlenimi circumstances in the economic legal proceeding, as one of kinds in the system of appeal of judicial acts. Nature and essence of realization is exposed after novoviyavlenimi circumstances in the economic legal proceeding of Ukraine, grounds are analysed and pre-conditions of revision of judicial act are first formulated after novoviyavlenimi circumstances. Found out the personal touches and features of every type of grounds for a revision after novoviyavlenimi circumstances and in obedience to it the analysis of procedure of realization is carried out in matters for establishment of novoviyavlenikh circumstances and at the revision of court decisions after novoviyavlenimi circumstances. Clarification of determination of concept of novoviyavlenikh circumstances is offered in the economic legal proceeding, concept of realization after novoviyavlenimi circumstances, the personal touches of this type of realization are systematized on results a comparative legal analysis with an appellate, appeal revision and revision after exceptional circumstances, and also difference of novoviyavlenikh from new circumstances, systematized and pre-conditions of right are analysed on presentation of statement in an economic court for the revision of judicial act novoviyavlenimi circumstances, the groups of subjects of revision are selected. Formulated suggestion in relation to perfection of khozyaystvenno-processual'nogo legislation of Ukraine. Sphere of the use: subjects of initiation of bill; judicial bodies; management subjects; higher educational establishments.

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