Shekera Y. The terms in economic procedural law ofКUkraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003417

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

31-05-2016

Specialized Academic Board

Д 41.086.04

National University «Odessa Law Academy»

Essay

The thesis deals with economic and procedural terms as an institutе that provides prompt and efficient resolution of economic cases and needs to be improved during the economic modernization of the procedural law. The work proves the complex nature of economic and procedural terms that have got not only procedural but substantive importance, ensuring the effective functioning of the economic system as a whole. Classification of economic and procedural terms should include their division based on the method of establishing on the legislative and judicial terms, each of which have an objective need for establishing criteria of reasonableness, effectiveness and fitness for purpose of the trial in general and its individual stages (forms), among others. Author proves the needs of optimizing economic procedural terms for specific categories of cases that require the graduation of procedure reference period from theКexpiry of the mail flow of documents; differentiation procedural terms, depending on the complexity of cases and the number of participants, the type of proceedings, etc; interruption of procedural terms depending onКobjective circumstances and the will of all participants to the process of creation ofКconditions for reconciliation of the parties and the achievement ofКtheКobjective truth inКtheКcase; the needs ofКestablishing a reasonable and fair burden on judges. Problems of observance of procedural terms is divided into two main components: the observance of procedural terms by party to a conflict and observance of procedural terms by judges of commercial courts. Means to prevent abuse of procedural rights in the implementation ofКlegislative provisions on economic and procedural terms are defined. theКdirections of improving of the economic procedural legislation for temporal rules are shown.

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