Demiak V. The participants of an adversary proceeding in the commercial litigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U000276

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

25-01-2013

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The thesis investigates the procedural status of participants of commercial procedure. Historical and legal preconditions of formation of commercial legal proceedings are analysed. Legal status of the court as a subject of procedural relations, its jurisdiction and role in the action proceedings are defined. The circle of individuals who could be considered as the participants of commercial court proceeding is determined, their classification division is carried out subject to the extent of their material and (or) procedural interest in resolve of commercial case. Such notions as the "parties" and "third party", their features, procedural status as well as procedural rights and obligations of the letter are defined and characterized. The notion "prosecutor", his/her procedural status is defined. The circle of other individuals who can take part in commercial proceeding, the features of their procedural status are defined. On the basis of research under investigation, the author has made conclusions and offered concrete recommendations aimed at improvement of Ukrainian legislation as regards the procedural status of participants in commercial proceeding

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