Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Features of the jurisdiction of economic courts

View through CrossRef
The article considers the problem of determining the jurisdiction of commercial courts. It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself.      The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial). It is established that the correctness of determining the jurisdiction of the case is essential insofar as it affects the time of decision-making on the case, and, accordingly, the restoration of the violated right, the expiration of the terms of the claim.      The criteria for establishing the jurisdiction of commercial courts are highlighted: the range of persons who may apply to commercial courts, and belonging to the list of cases under the jurisdiction of commercial courts. It is proved that the existing system of delimitation of jurisdiction of commercial courts taking into account these criteria is not effective, complicates a person's access to court, and therefore requires significant changes.      The problems of determining the jurisdiction of commercial courts, in particular the separation of commercial and administrative jurisdiction over disputes, when the parties to the dispute are a business entity and a subject of power. It is also problematic to consider cases on the recognition and enforcement of decisions of international commercial arbitration, foreign courts in commercial disputes.      Possible directions of reforming the principles of determining the jurisdiction of commercial courts through the unification of civil, administrative and economic processes (codes) are outlined; refusal to specialize courts and introduction of specialization of judges; reclassification of the type of proceedings on the initiative of the court and referral of the case by the court to the appropriate jurisdiction.      The need to take into account the experience of foreign countries (Germany, Italy, Estonia, etc.) in delimiting the jurisdiction of commercial courts on the basis of unification of procedural law - the introduction of a single code that would determine the rules of civil, commercial, administrative proceedings.
Title: Features of the jurisdiction of economic courts
Description:
The article considers the problem of determining the jurisdiction of commercial courts.
It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself.
     The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial).
It is established that the correctness of determining the jurisdiction of the case is essential insofar as it affects the time of decision-making on the case, and, accordingly, the restoration of the violated right, the expiration of the terms of the claim.
     The criteria for establishing the jurisdiction of commercial courts are highlighted: the range of persons who may apply to commercial courts, and belonging to the list of cases under the jurisdiction of commercial courts.
It is proved that the existing system of delimitation of jurisdiction of commercial courts taking into account these criteria is not effective, complicates a person's access to court, and therefore requires significant changes.
     The problems of determining the jurisdiction of commercial courts, in particular the separation of commercial and administrative jurisdiction over disputes, when the parties to the dispute are a business entity and a subject of power.
It is also problematic to consider cases on the recognition and enforcement of decisions of international commercial arbitration, foreign courts in commercial disputes.
     Possible directions of reforming the principles of determining the jurisdiction of commercial courts through the unification of civil, administrative and economic processes (codes) are outlined; refusal to specialize courts and introduction of specialization of judges; reclassification of the type of proceedings on the initiative of the court and referral of the case by the court to the appropriate jurisdiction.
     The need to take into account the experience of foreign countries (Germany, Italy, Estonia, etc.
) in delimiting the jurisdiction of commercial courts on the basis of unification of procedural law - the introduction of a single code that would determine the rules of civil, commercial, administrative proceedings.

Related Results

Various Issues of the International Choice of Court Agreement under the Amended Act on Private International Law of 2022
Various Issues of the International Choice of Court Agreement under the Amended Act on Private International Law of 2022
The Act on Private International Law (APIL), which came into effect in July 2001, provided for general principles on international jurisdiction in its Article 2, and for rules of i...
Affirmative Power to Strip State Courts of Jurisdiction
Affirmative Power to Strip State Courts of Jurisdiction
The very substantial literature on the scope of congressional power to strip courts of jurisdiction contains a gap: it does not discuss the source of the affirmative power of Congr...
Ekonomika bosanskih velikaša u 14. i 15. stoljeću
Ekonomika bosanskih velikaša u 14. i 15. stoljeću
The role and significance of the Bosnian nobility in the historical currents of medieval Bosnia can be reliably traced in the 14th and 15th centuries when various socio-political f...
VALUE (X 2) + FINE = DAMAGES? NOTES ON THE IMPOSITION OF SANCTIONS BY THE COURTS OF CHIEFS (SENIOR TRADITIONAL LEADERS) AND HEADMEN
VALUE (X 2) + FINE = DAMAGES? NOTES ON THE IMPOSITION OF SANCTIONS BY THE COURTS OF CHIEFS (SENIOR TRADITIONAL LEADERS) AND HEADMEN
The main fora for the adjudication of customary-law cases on a daily basis are the courts of chiefs (senior traditional leaders) and headmen (the so-called traditional courts) whic...
Mahkamah Syariah di Malaysia: Kemajuan dan Pencapaian
Mahkamah Syariah di Malaysia: Kemajuan dan Pencapaian
Malaysia’s Shariah court system long predates the country’s Independence in 1957 and has since undergone a series of developments. Yet the Shariah court’s jurisdiction remains limi...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash Abstract This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950 — Article 2 of Convention — Human Rights Act 19...
Azurix Corp. v. Argentine Republic
Azurix Corp. v. Argentine Republic
412Arbitration — ICSID Convention, Article 41 — Duty of tribunal to judge its own competence — Consent by parties to jurisdiction of ICSIDTreaties — Bilateral investment treaty — 1...

Back to Top