ECONOMIC SETTLEMENTSDISPUTES: RELATIONSHIP RELATEDSUBSTANCE AND PROCEDURAL LAW
Journal Title: Підприємництво, господарство і право - Year 2018, Vol 2, Issue
Abstract
The article deals with the issue of the correlation of the rules of material and procedural law of pre-trial settlement of commercial disputes. It is determined that in its legal nature, relations with pre-trial (pretentious) resolution of a commercial dispute are material, and not procedural. In our opinion, the regulation of the procedure for pre-trial settlement of commercial disputes should not be limited only by Article. 222 of the Commercial Code of Ukraine, but should be defined in a separate section, in order to clearly establish the procedure for the implementation of economic and legal responsibility (the procedure and terms for the presentation and consideration of the claim, the notification of the applicant on the results of consideration of the claim). The norms of the Commercial Procedural Code of Ukraine should be directed solely at the regulation of the mandatory procedure for the implementation of economic proceedings by the competent judicial authority. We believe that the establishment by law of a mandatory pre-trial settlement of a dispute limits the possibility of exercising the right to judicial protection.
Authors and Affiliations
Роман Шабанов, Микола Ждан
Keywords
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