Smola S. Realization of principle of procedural economy in economic legal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004370

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

08-07-2015

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 up in the process of realization of principle of judicial economy during realization of the legal proceeding in economic businesses. Research purpose: perfection of theoretical bases of realization of principle of judicial economy in the economic legal proceeding, development and ground of suggestions for perfections of economic judicial legislation of Ukraine. Research methods: dialectical, analytical-synthetic, historical-legal, comparatively-legal, system-structural, interpretation of legal norms, statistical, legalistically-logical and logical-legal. Theoretical and practical value: complex legal research of relations is conducted on realization of principle of judicial economy in the economic legal proceeding new scientific positions are grounded in which, and also grounded suggestion on perfection of economic judicial legislation of Ukraine. Geared-up as a result of research Project of Law of Ukraine "About making alteration in the Economic code of practice of Ukraine (in relation to providing of realization of principle of judicial economy and introduction of measures of judicial responsibility)" given for consideration in Verkhovna Rada of Ukraine. Research materials are inculcated in activity of the Economic court of the Lugansk area, and also utillized in an educational process in State higher educational establishments the "National mountain university" of Departments of education and science of Ukraine. Scientific novelty: determination of principle of judicial economy of the economic legal proceeding is grounded, his belonging is argued to of a particular branch and functional principles of the economic legal proceeding. It is suggested to inculcate in the economic legal proceeding the limited contractual cognizance, writing realization, individual revision of court decisions an appellate instance in cases, set a law. The use of testimonies of witnesses is grounded as proofs during consideration and decision of business the court of first the instance. Mined-out suggestion for perfections of judicial responsibility of participants of trial; plenary powers of appellate and appeal instances are specified in relation to the revision of court decisions. Directions of subsequent perfection of economic judicial legislation of Ukraine are grounded in the context of realization of principle of judicial economy, introduction in the economic legal proceeding of category "clever term of consideration and decision of business". Sphere of the use: the subjects of legislative initiative, the subjects of enforcement activities, the business entities; management subjects; higher educational institutions.

Files

Similar theses