Bogomol O. The court costs in the economic process of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U000623

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

27-02-2014

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

In the dissertation are investigated the concept, the legal nature and functions of institute of court costs in the economic process law of Ukraine. It is offered definition of concept of "court costs" and system of functions of court costs. It is analyzed types of court costs on the basis of what it is revealed shortcomings of legal regulation and it is offered to a way of their elimination. It is revealed features of payment of judicial collecting as obligatory type of court costs. It is investigated legal signs, objects of payment, ways of calculation, legal grounds of return and a privilege on payment of judicial collecting. It is defined structure of expenses which are subject to payment for carrying out judicial examination and it is offered to divide the moment of payment of cost of examination by participants of economic dispute and the moment of payment of means to expert establishment for carrying out judicial examination. The characteristic of court costs which are subject to payment for a translation service, court costs, which connected with survey and research of material evidences in a place of their stay is provided. Features of reimbursement for fee of the lawyer in economic legal proceedings of Ukraine are defined. It is investigated an order of distribution of court costs in economic process and it is offered qualifying signs of these legal proceedings. It is brought offers on improvement of a procedure for payment of other types of court costs.

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