LEGAL LIABILITY AS A COMPOSITION OF THE PROTECTIVE FUNCTION OF СОMMERCIAL PROCESSAL LAW
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
The article is devoted to the study of issues of legal liability as a component of the protective function of commercial procedural law. The analysis of a number of protective procedural norms, which directly indicate the possibility of liability in cases defined by law. The object, subjects, formal and factual grounds of legal liability as a subfunction of commercial procedural law are singled out. The article states that the Commercial Procedural Code of Ukraine provides for a number of procedural safeguards that directly indicate the possibility of applying liability in cases determined by law in order to influence unscrupulous economic operators, most of which receive their refinement in the norms of criminal and administrative law. It has been determined that updating the issues of prosecution for contempt of the court is fully in line with the position of the European Court of Human Rights on the prevention and proper response of the courts to this group of offenses.
Authors and Affiliations
Natalia Ivanuta
Keywords
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