EFFECTIVE MECHANISMS OF PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The urgent issues of mechanisms of protection of the rights of business entities are under consideration in the present article. Evolution of commercial courts, which were created at different times and in different states, can be studied by examining the activity of maritime, consular and fair courts. To regulate developed trade turnover as a special legal sphere, there were specific rules and created special courts, special legal provisions were appeared as well as special legal agencies to be guardian of trade relations were created. These judicial institutions differ from existing courts and in accordance with the spirit of trade, its variability and versatility they started to a special kind of legal proceedings. Active participation of business entities in establishment and functioning of trade (commercial) courts, the recognition of commercial practices to be the sources of law, the executive force of implementation of the decisions of the courts were guaranteed not only by the state coercion but also by but also social (corporate) standards. The effectiveness of the protection of the rights of business entities largely depends on the choice of methods of such protection because they define legal reality of the restoration of violated law as well as the subjects empowered to apply such methods of protection of violated rights and protection procedures in whole. Along with the modern mechanisms of the protection of the rights they increasingly provide more opportunities to use non-judicial forms of dispute resolution, in particular, economic forms. They are seen as an alternative to state justice as well as extrajudicial forms (procedures) of dispute and conflict resolution. This transition to a market economy, the development of economic freedom and the existence of a complex and bureaucratic judicial system within these conditions encourage business entities to be more interesting to have flexible and operational forms of dispute resolution that are focused on stable business cooperation between contractors.
Authors and Affiliations
В. В. Григор`єва
Keywords
Related Articles
- EP ID EP476798
- DOI -
- Views 62
- Downloads 0
REGULATORY AND LEGAL SUPPORT OF ADMINISTRATIVE REFORM IN UKRAINE: MAIN STAGES AND PERSPECTIVES
With the advent of independence, Ukraine began a new stage in the state-building process. It requires the transformation of authorities affected by the objective reasons. The change lies in destruction of the dictatorial...
INFORMATION AS A WAY TO FIGHT CORRUPTION
The article was investigated the role of this method of fighting corruption in Ukraine as information. The problem outlined and use of information for preventing corruption in public relations, proposed changes to existi...
PERSONALITY OF CRIMINAL AND VICTIM IN THE STRUCTURE OF CRIMINALISTICS DESCRIPTION OF MURDERS OF ELDERLY PEOPLE WITH THE PURPOSE OF THEFT OF THEIR PROPERTY
One of qualificatory demographic features of contemporaneity is becoming of humanity old. This process takes place with different intensity in the entire without an exception countries of the world and generates a number...
LIQUIDATION OF HIGH SPECIALIZED COURT OF UKRAINE FOR CIVIL AND CRIMINAL CASES AND FURTHER DESTINY OF JUDGES OF THIS COURT
The article provides the analysis of amendments by the Law of Ukraine № 1401-VIII «On Amending the Constitution of Ukraine (Regarding Justice)» and the Law of Ukraine № 1402-VIII «On the Judiciary and the Status of Judge...
THE CONTENTS AND FEATURES OF THE MECHANISM FOR IMPLEMENTING THE PRINCIPLE OF SELF-DETERMITATION IN THE CONTEX OF THE STRUGGLE OF THE NATION FOR INDEPENDENCE
The article defines the essence of the principle of self-determination of nations for the historic age of decolonization and the development of modern international law up to the present day. The analysis of the content...