CONCEPT OF SUPPORT OF ACTION IN ECONOMIC PROCEDURAL LAW UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
The notion secure a claim in the economic procedural law of Ukraine. Analyzes current legislation stipulates that ensure the claim is an important economic institute proceedings, which provides some safeguards for execution hospodasrkoho court in the future. Thus, having great practical importance, today there are gaps, particularly related to the lack of legislative definition of claim. Despite some disagreement, ensure action is effective, while basic, operational means of protecting the rights and freedoms of participants. In modern terms of building a democratic, legal state one of the main constitutional duty of the state is to ensure judicial protection of rights and legitimate interests of entities (Art. 55 of the Constitution of Ukraine). The absence in the current economic and procedural law of a clear definition of the claim, contributes to the controversial judicial practice in any commercial dispute. Precise and strict adherence to the courts Ukraine current legislation when considering applications on the claim is a prerequisite for the tasks of economic justice that are as fair, impartial and timely consideration and resolution of commercial cases to protect the violated, unrecognized or disputed rights, freedoms and interests of individuals persons, rights and interests of legal entities, state interests. The purpose of this paper is a synthesis of the existing state of scientific development and learning problems notions of action in the economic procedural law of Ukraine. According to the Resolution of the Plenum of the Supreme Economic Court of Ukraine of December 26, 2011 №16 «On some questions of practice of measures to ensure the claim, to secure the claim - a means to prevent possible infringement of proprietary rights or legitimate interests of the legal entity or individual. In deciding on the claim economic court must assess the validity of the applicant's arguments on the need to take appropriate action taking into account: - rationality, reasonableness and adequacy of the applicant to ensure action; - to balance the interests of parties and other participants in the trial; - connection between the presence of a specific measure to secure the claim and the subject of the claim, including whether such a measure is able to ensure actual enforcement if the claim; - the probability of failure or performance difficulty Commercial Court decision in the case of non- application of such measures; - prevent violations in connection with such measures the rights and legal interests of persons not parties to this litigation. Thus, providing action is an important economic institute proceedings, which provides some safeguards for execution hospodasrkoho court in the future. Thus, having great practical importance, today there are gaps, particularly related to the lack of legislative definition of claim. Despite some disagreement, ensuring claims are effective, but basic, operational means of protecting the rights and freedoms of participants. Thus, we can conclude that ensure the claim is: - A set of interim proceedings; - An independent economic institute procedural law; - A means of guaranteeing enforcement of the judgment in the future.
Authors and Affiliations
Vladimir Buga
Keywords
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