Butyrskyi A. Economic disputes resolution in Ukraine and Eastern European Countries

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000654

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-06-2015

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 devoted to the research of the problem of commercial disputes resolution in Ukraine and Eastern European countries. The evolution of the development of commercial courts is analyzed, main stages of its formation are defined. Models of commercial jurisdiction in Ukraine and Eastern European countries are investigated, the classification of such models is carried out. The category " commercial dispute" is considered, its features and types, ways of solution are founded. Specific principles of commercial process in system of principles of justice are defined. The place of commercial court in the judicial system of Ukraine is outlined. The content of the system of commercial disputes resolution in Ukraine, Russia, Belarus, Moldova, Bulgaria, Romania, Poland and Slovakia is analyzed, common and distinctive features, trends of development are founded. The category of "specialized court" is investigated, its features are founded and the necessity of resolving commercial disputes exclusively by commercial courts is justified. The problem of the separation of powers and determination of the appropriate court in the area of commercial jurisdiction is reviewed, the differentiation between commercial and administrative, general jurisdiction is carried out. Taking into account national and international lawmaking and law-enforcement experience, proposals for improving commercial justice in Ukraine are developed.

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