ARBITRATION JUSTICE OF LITUAN-RUSSIA STATE AND MODERN ARBITRATION COURTS OF UKRAINE: THE PROJECTION OF HISTORICAL-LAW EXPERIENCE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
In the article the actuality of research history of the arbitration court from a position of need for the establishment solid methodological base for the development of arbitration institutions in Ukraine is substantiated. The judicial system and judicial process on the Ukrainian lands of the Grand Duchy of Lithuania are analyzed. The impact of arbitration justice on legal system of modern Ukraine is observed. The historical aspects of the establishment arbitration courts at various stages are presented. Comparative analysis of features and evolution of judicial process and judicial system of Ukraine was conducted. The characteristics of the institute of reconciliation that is a resolution of the conflict between the parties involving a neutral person are described. The effect of the principle of conservation antiquities in the process of maintaining the national character of the judicial system of the Grand Duchy of Lithuania is researched. The possibility of create in Ukraine a qualitatively new judicial system that would ensure the full realization of democratic standards of justice is substantiated. The advantages and disadvantages associated with the activities of arbitral tribunals in Ukraine are analyzed. A number of shortcomings in the current legislation in part of issues related to the activities of arbitration courts are detected. In particular, legal and technical imperfections several provisions of the law is inconsistent with the provisions of other legislative acts. The promising implementation of arbitral justice in Ukraine is substantiated.
Authors and Affiliations
А. В. Грубінко, А. М. Чорний
Keywords
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