Fedchyshyn A. Examination in arbitration proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102588

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

14-05-2021

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The dissertation is an independent and completed work, the purpose of which is to solve theoretical and practical problems of application of expertise in the activities of arbitration courts, development on their basis of recommendations for improving the legislation of Ukraine in this area and practice of its application. In the dissertation the theoretical and legal bases of examination in arbitration proceedings are investigated, in particular: the concept and legal nature of examination in arbitration are formulated, the genesis of the legislation on arbitration courts is traced, and also normative-legal regulation of examination in arbitration is investigated. Procedural aspects of expertise in arbitration proceedings are analyzed: the peculiarities of appointment and conduct of expertise in arbitration are singled out, types of examinations are determined, as well as the competence of experts in arbitration. The probative value of the expert's opinion in arbitration proceedings is determined, in particular: the issue of proving in arbitration proceedings is investigated, the concept of expert opinion is formulated and the requirements to it are singled out, the assessment of the expert's opinion by the arbitration court is investigated.

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