Borshchenko V. Class actions in the economic trials

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002483

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

19-05-2015

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 during the implementation of justice for the protection of violated or disputed rights and legitimate interests of a group of persons in the economic process. Research purpose: is to develop theoretical propositions about group action and rationale for the proposals in the economic procedural legislation of Ukraine concerning the consolidation of special production by class actions. Research methods: dialectic, analysis and synthesis, systemic-functional, historical, comparative-legal, formal-logical, theoretical and predictive. Theoretical and practical significance: a deepened theoretical understanding of collective action", theoretical principles and findings can be used in the process of lawmaking for the improvement and systematization of the legislation of Ukraine, are used in practice when considering class actions. Introduced to the work of the Odessa regional Association of employers of Southern Ukraine, Odessa branch No. 9 PJSC "Erste Bank". The provisions of the theses used in the educational process at the Odessa national University named after I. I. Mechnikov of the Ministry of education and science of Ukraine. Scientific novelty: the legal nature of a class action. The proposed definition of "class action". It was analyzed the content of the right to class action in the economic process, its elements. The peculiarities of the protection of the Prosecutor of the group's interest in economic proceedings, the use of class action in the protection of economic interest of the company. The proposed use of the class action according to the statements of public associations and associations. Clarified the specifics of the status of participants of proceedings on class actions in economic proceedings. The features of the initiation of proceedings, judicial review and statement of judicial decisions in cases involving class actions. Proposals for the use of class actions in the economic process of Ukraine. Scope of use: the subjects of legislative initiative; the economic courts, economic entities; institutions of higher education.

Files

Similar theses