Khrimli A. Legal protection of business entities' rights and legitimate interests

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U000056

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

19-12-2011

Specialized Academic Board

Д 11.170.02

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

Essay

A research object: it's economic judicial relations which arise up in connection with judicial defence of rights and legal interests of business entities. Research aim: ground of directions of improvement of judicial defence of rights and legal interests of business entities on the basis of complex, system analysis of home and foreign legislation and practice of his application. Research methods: empiric, abstracting, structural-functional, institutional analysis, historical, comparatively-legal, system-functional. Theoretical and practical value: the scientific positions worked out during research and suggestion in relation to perfection of judicial defence of rights and legal interests of business entities can be used in creation of norms activity from the improvement of the Economic code of practice of Ukraine, Law of Ukraine "On device of court and status of judges" and others like that. The separate results of research drawn on in activity: to Committee on questions of justice of Verkhovna Rada of Ukraine; Svyatosheen district in city Kyiv of state administration; Kyiv appeal administrative court; Circuit administrative court of city of Kyiv. Scientific novelty: essence of concepts "Judicial defence of rights and legal interests of business entities", "legal interests", is investigational, a concept "Writing proofs" and "material proofs" are improved. The types of interests of business entities are distinguished in an economic process. The features of appeal of business entities are considered with lawsuits in an economic court after defence of rights and legal interests on the basis of Law of Ukraine "On device of court and status of judges". Reasonable suggestion in relation to the improvement of norms of the Economic code of practice of Ukraine. The order of consideration is analysed by the economic court of businesses between business entities. Genesis of development of legislation is investigational about consideration of spores with participation of business and organs entities which are provided with imperious plenary powers. The criteria of taking of spores are additionally argued between business entities and organs which are provided with imperious plenary powers, to the competense of economic courts. General directions of further development of judicial legislation which provides judicial defence of rights and legal interests of business, acceptance of court decision, question of competense of judicial bodies entities are certain. Sphere of the use : subjects of legislative initiative; business entities, judicial bodies, higher educational establishments.

Files

Similar theses