Directions of improvement of economic procedural legislation of Ukraine
DOI:
https://doi.org/10.31548/law2020.02.012Abstract
The author of the article emphasizes that the judicial and legal reform carried out in Ukraine in 2016–2017 in general allowed to ensure the implementation of modern international legal standards of judicial protection of the rights of participants in economic relations, which is a reliable guarantee of sustainable development for years to come.
At the same time, the study of the new version of the Commercial Procedural Code of Ukraine revealed some shortcomings in the legislative support of commercial litigation and formulated proposals to eliminate them, which will improve the protection of violated rights of business entities and prevent abuse of procedural rights by dishonest particip.
In particular, it is justified: the need to improve the procedure of representation in the commercial court in minor cases by granting staff legal advisers who do not have the status of a lawyer, the right to represent the interests of the business entity in court on the basis of power of attorney; the expediency of expanding the powers of legal experts and giving them the power to interpret the rules of national law; establishing the possibility of revoking a court order at the request of the debtor only if the debtor proves its incorrectness or illegality; granting the commercial court the right to leave the statement of claim without consideration of the relevant application of the plaintiff at any stage of the trial, as well as the right to suspend the proceedings until the entry into force of a court decision in another case under commercial, civil or administrative proceedings, if this affects the consideration of the case; expediency of abolishing the institute of the deliberation room; the need to change the procedure for reviewing the case on newly discovered or exceptional circumstances by separating the procedure for reviewing the application for review of the case on newly discovered or exceptional circumstances from the review procedure, in case of cancellation of the court decision on newly discovered or exceptional circumstances; the need to empower the commercial court to overturn illegal decisions of public and private executors as a result of consideration of complaints of the parties to the enforcement proceedings against their decisions and actions.
Keywords: commercial litigation, rule of law, effective judicial protection
References
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