Kurando K. Protection of the rights and legitimate interests of foreign persons in the commercial procedure of Ukraine

The thesis is devoted to the research of protection of the rights and legitimate interests of foreign persons in the commercial procedure of Ukraine. The concept of commercial competence of foreign business entities, procedural legal personality, foreigners, foreign business entities has been clarified. It is specified that the commercial procedural capacity of a foreign person has a certain temporal certainty. The classification of normative and legal material on the participation of a foreign element in commercial litigation according to the criterion of origin: international and domestic has been further developed. The classification of participants in the commercial procedure according to the criterion of the possibility of a foreign person to be a certain participant in the commercial procedure is proposed. The expediency of involving foreign persons as judges, assistant judges, court clerks and court administrators is argued. It is reasonable to detail in the Commercial Procedural Code of Ukraine the rules for determining jurisdiction (jurisdiction) in view of the entry into force of the Convention on Choice of Court Agreements. The definition of procedural and legal guarantees of access of foreigners to justice is specified. It is argued to set a deadline for suspension of proceedings. It is justified to enshrine in the Commercial Procedural Code of Ukraine such a procedural action as the recognition of a foreign court decision in Ukraine and specify the legal features (components) of such recognition. The concept of granting permission to execute a decision of a foreign court in Ukraine is proposed, in cases when their recognition and execution is not provided by an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. The expediency of allocating consuls and diplomatic representatives in cases with a foreign element as participants in the commercial procedure is substantiated. It is proposed to classify participants in the commercial procedure - foreigners, depending on the need to obtain consent to give explanations. The possibility of combining the powers of a lawyer and an interpreter is substantiated. The classification of rights and obligations of foreign persons in commercial litigation of Ukraine into general and special is proposed. The basic principles on which the general rights and obligations of foreign persons in commercial litigation of Ukraine are based are argued. It is argued to consolidate the possibility of admission to a commercial case of a lawyer in a foreign country. It is proposed in the Commercial Procedural Code of Ukraine to consolidate the possibility for other participants in the commercial procedure to use the services of an interpreter upon their application; to establish that court decisions and other procedural documents are served in translation into the language of the persons participating in the commercial procedure, at their request.