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.
Uzhhorod National University
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...
Bankruptcy Abstention
Bankruptcy Abstention
<p>Courts have been finding ways to avoid hearing bankruptcy cases for a long time. This practice distinguishes bankruptcy from other types of federal cases.&nb...
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...
The Role of the Judiciary in Constitutional Interpretation in Pakistan
The Role of the Judiciary in Constitutional Interpretation in Pakistan
This study examines the evolving role of the judiciary in Pakistan in interpreting the Constitution, exploring how the courts have come to terms with their position as the primary ...
A geographical approach to determining the accessibility of justice in criminal cases (using the example of the district courts of general jurisdiction of the Khanty-Mansiysk Autonomous Okrug - Yugra)
A geographical approach to determining the accessibility of justice in criminal cases (using the example of the district courts of general jurisdiction of the Khanty-Mansiysk Autonomous Okrug - Yugra)
The article is devoted to the study of the geographical accessibility of courts of general jurisdiction in a number of regions of the Russian Federation. The object of the study is...
How International Courts Enhance Their Legitimacy
How International Courts Enhance Their Legitimacy
Abstract
International courts strive to enhance their legitimacy, that is, they would like the members of the international community to perceive their judgments ...
Jurisdiction of the Native Courts in Sabah
Jurisdiction of the Native Courts in Sabah
The Native Courts in Sabah are established under the Native Courts Enactment 1992. The courts serve as a crucial institution for administering justice within the native communities...
Geography of the appellate courts of general jurisdiction in Russia: problems of providing access to justice in revision of criminal cases
Geography of the appellate courts of general jurisdiction in Russia: problems of providing access to justice in revision of criminal cases
The subject of this research is the study of the work of appellate courts of general jurisdiction on revision of criminal cases in higher jurisdiction courts based on the position ...

