Petrenko N. Jurisdiction of cases in commercial courts of Ukraine

The object of the study is social relations that arise when determining the jurisdiction of a case when applying to commercial courts and in the process of administering justice in domestic commercial proceedings. The purpose of the study is the development of new theoretical provisions on the jurisdiction of cases to the commercial courts of Ukraine and the justification of proposals for introducing amendments and additions to the commercial procedural legislation of Ukraine. Research methods: general scientific and specially scientific methods of cognition, namely: dialectical and analytical-synthetic, system-structural, formal-logical, logical-legal, comparative-legal and other methods. The theoretical and practical results are that on the basis of a comprehensive study of the jurisdiction of cases, new theoretical provisions are grounded and proposals have been developed to improve the legal regulation of the application of jurisdiction of cases to the commercial courts of Ukraine. The scientific novelty of the results obtained in the dissertation is concretized in the following provisions. For the first time: it is justified to introduce into the scientific circulation the definition of "rules for determining the jurisdiction of cases to commercial courts" as binding guidelines for the allocation of economic matters in the system of commercial courts, a system of such rules is proposed; Substantive problems of application of jurisdiction of cases in the commercial procedural law are argued; The notions "imperative jurisdiction", "exclusive jurisdiction" and "patrimonial jurisdiction" are delineated; The notion of instant jurisdiction of cases is grounded; The grounds for qualifying the actions of participants in the commercial process as abuse of procedural rights with the aim of artificially changing the jurisdiction of the economic case are substantiated. The provisions on the determination, based on the revealed features, of the notion of jurisdiction of cases to commercial courts have been improved; Definitions "territorial jurisdiction of cases to commercial courts" and "contractual jurisdiction of cases to commercial courts"; Definition of the concepts of mandatory jurisdiction of cases to commercial courts and determination of jurisdiction over communication of cases in the commercial process. The provisions on: classification of the jurisdiction of cases to commercial courts have been developed: 1) by type of proceedings in the case, 2) by the subjective composition of the parties and by 3) on the basis of the definition of jurisdiction; Classification of legal jurisdiction depending on the specifics of the economic case - on: a) territorial jurisdiction, which is divided into general and alternative jurisdiction; B) imperative jurisdiction, which, in turn, is divided into exclusive and patrimonial jurisdiction; C) jurisdiction for communication of cases; D) instant jurisdiction; The transfer of cases from one commercial court to another in the case of non-judicial matters. Proposals on the jurisdiction of cases to commercial courts were used in the work of Capital Lawyer Plus LLC (certificate of 07.11.2016) to achieve its goals and objectives. Certain results of the research were used in the educational process of the Kherson Institute of the "Interregional Academy of Personnel Management" in the teaching of disciplines "Administrative Process" and "Economic Process" (act of implementation of 08.11.2016). The theses can be used to develop appropriate sections of textbooks and manuals on commercial procedural law, as well as in the preparation of lectures for students of legal specialties of higher educational institutions, in teaching and methodical work, in the preparation of scientific and practical comments.