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
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