Maletych M. Individual interested in the proceedings as a participant of the economic procedure

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003014

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

03-04-2015

Specialized Academic Board

Д 41.086.04

National University «Odessa Law Academy»

Essay

The thesis deals with the economic and procedural status of individuals who are interested in the proceedings in the Commercial Court, in order to develop improvements to the economic procedural legislation. It is determined that the legal interest of an individual in the consideration of economic trial is the motive of the person in the economic procedure in order to achieve certain result outcome when considering economic interests, which makes it the procedural status of the participant at different stages and types of procedure. The thesis suggests classification of an interest in examining the economic affairs of persons on the basis of determination of existence of a participant in the economic process of aggregate substantive and procedural interest in the consideration of economic affairs, in particular, the allocation to such persons as parties and third parties in adversary proceedings, as well as creditors and debtors, arbitration Governors in bankruptcy cases; it is demonstrated that the presence of only procedural interest in the proceedings is a characteristic of other persons who are endowed with only special procedural status, not linked to personally benefit from the results of the proceedings. Propositions are made to eliminate opportunities for abuse of process, resulting from changes in the legal status of an individual, and strengthen the rights of creditors – individuals – non-business entities in the economic process as an element of social justice, protection of the consumer stage of social production, increased business activity and economic development in the interests of consumers. The research determines objective limits of the exclusive competence of the economic courts in connection with the involvement of non-professional actors and emerging threats based on this process of unification of procedures that can destroy the overall logic and purpose of the economic process.

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