Nikolenko L. Review of judicial acts in economic judicial proceedings

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0513U000979

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

23-09-2013

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 that arise up during realization of right on an appeal with the purpose of providing of just consideration and decision of economic disputes. Research purpose: ground of integral scientific approach, new theoretical conclusions and positions on the revision of judicial acts that sent to the decision of scientific problem in the field of economic judicial law for perfection of theoretical principles of realization of revision of judicial acts in the economic rule-making, to preparation on this basis of directions on perfection of economic judicial legislation. Research methods: historical legal, dialectical, comparative legal, system structural, analytical synthetic, formal logical, logical legal. Theoretical and practical value: the conceptual positions that present the integral system of economic judicial facilities of exposure and removal of judicial errors complement the theory of economic judicial right, it is basis for development of modern approaches of development of judicial legislation and determination of optimal methods of increase of efficiency of judicial defence. Suggestions perfection of the Economic code of practice of Ukraine in parts of appellate and appeal realization and also realizations on new circumstances accepted Supreme Court of Ukraine to the use in legal activity of Committee on questions of enterprise, regulator and antimonopoly policy of Verkhovna Rada of Ukraine. Research results are inculcated in activity: the Donetsk commercial and industrial chamber; Legal management "Azovzagalmash"; Higher economic court of Ukraine; Supreme Court of Ukraine; To the Kherson college of advocates; To the Lvov regional college of advocates. Scientific novelty: the place of revision of judicial acts is grounded in conception of the fair judicial hearing. An increase is carried out informative components of concepts "revision" and "verification". A concept "Judicial error is outlined". The system of principles of the economic legal proceeding is generalized. Differentiating of jurisdiction of appellate and appeal judicial instance is offered in the economic legal proceeding. The necessity of returning to the use of term is argued, within the framework of verification of judicial acts Supreme Court of Ukraine, "analogical businesses" and to application of algorithm of determination of such "analogicalness". A concept "Objective judicial error is grounded". The new understanding of novovyyavlenyikh circumstance is offered in "wide" and "narrow" sense. Differentiating of novovyyavlennykh circumstances and new circumstances is grounded, in this connection specified and complemented the proper lists. Sphere of the use : subjects of legislative initiative; organs of department judicial; management subjects; higher educational establishments.

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