Soloviov O. Claim proceedings in economic litigation

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102142

Applicant for

Specialization

  • 081 - Право. Право

24-06-2021

Specialized Academic Board

ДФ 11.737.009

Donetsk Law Institute

Essay

The thesis is an independent completed scientific work devoted to the study of legal relations between all participants in litigation in economic litigation. It is proposed to consider litigation in economic litigation as regulated by economic procedural law court activity, which is aimed at fair, impartial and timely resolution by the court of disputes related to economic activity, and consideration of other cases under the jurisdiction of economic court, in order to effectively protect violated, unrecognized or disputed rights and legitimate interests of individuals and legal entities, the state. The stages of general claim proceedings in economic litigation are described, which are: 1) filing a lawsuit; 2) opening proceedings in the case; 3) preparatory proceedings; 4) settlement of a dispute with the participation of a judge; 5) consideration of the case on the merits; 6) review of the court decision on appeal; 7) review of the court decision in cassation; 8) review of the court decision on newly discovered or exceptional circumstances; 9) execution of a court decision. The two-level nature of the purpose of simplified litigation is substantiated, which is manifested through: ensuring adaptive access to justice by reducing court costs and formal actions of litigants; reducing the cost of maintaining the judiciary, achieving efficiency and fairness. It is proposed to expand the list of stages of simplified litigation by including the stage of the preparatory meeting.

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