Naifleish V. The dissenting opinion of judge at the commercial proceedings

Research object: public relations in collective consideration of economic disputes when there are dissenting opinions of the judges of the economic court. Research purpose: development of new theoretical propositions on improvement of the economic procedures to ensure implementation of the right of the judge of the economic court on the statement of dissenting opinions, preparation of proposals for changes and amendments to the legislation. Research methods: a dialectical analysis and synthesis of system-structural, formal-logical, theoretical and predictive. Theoretical and practical value: extended and improved in science economic procedural law theoretical developments related to the legal regulation of presentation and design of individual opinions of the judges of the economic court. The research is aimed at the further development of theoretical problems of development in Ukraine the economic procedural legislation and practice of its implementation. Proposed changes and additions to a number of articles of the Commercial procedural code of Ukraine about the special opinion of the judge of the economic court. The results were used in the activity ananiyev district court of Odessa region, Lyubashevsky district court of Odessa region. The research results were used in the training process of the Odessa national University named after I.I. Mechnikov the Ministry of education and science of Ukraine. Scientific novelty: the author proposes the definition of the notion of dissenting opinion as well as a system of its characteristics. The task, function and kinds of dissenting opinions have been defined. The requirements for the dissenting opinions have been analyzed and the lacks of legal regulations were fined as well as ways to eliminate problems were proposed as a result. The specialties of drafting and completing of the dissenting opinion were found. The author investigates subject, object and grounds of the drafting of the dissenting opinion. The duly moment of the finalizing of the dissenting opinion has been determined. The author sets forth structure of the dissenting opinion and its essential elements. The special consequences of the dissenting opinion writing are defined at the thesis. The proposals concerned with the procedures related to the dissenting opinion have been set forth. Usage scope: the subjects of legislative initiative; judicial institutions, economic entities; institutions of higher education.