МЕТА СУЧАСНОГО ГОСПОДАРСЬКОГО ПРОЦЕСУАЛЬНОГО ПРАВА: ДОКТРИНАЛЬНИЙ ПОГЛЯД

Abstract

In developing the objective of economic procedure law, the main focus should be put on providing a scientific basis for maintaining and enhancing the specialization of economic process as a counterbalance to the inadequate relations in the domain of economic activities and the all-around unification of procedural law in Ukraine. The article offers a doctrinal analysis of the objective of economic procedure law in the context of economic law and from the perspective of attaining of its goals and implementing of its basic provisions, also with due regard for the achievements of the economic law theory. An emphasis is placed on close linkage between economic law and process, which should be reflected in the specifics of implementation of economic court procedure. Complications in the relations existing in the domain of economic activities and their statutory regulation entail a complex nature of legal conflicts between participants of relations in the domain of economic activities. Economic activity entities are in legal relations with each other, and therefore a breach pertaining to one of them negatively affects the others. Bearing this in mind, it is justified that in a market-oriented economy and given the complications in the relations in the domain of economic activities, the objective of economic procedure law should be not only to effectively protect the violated, unrecognized or disputed rights and legitimate interests of separate individuals, legal entities and the State, but also to ensure legal economic order as a component of public economic order. The concept of the objective of economic court procedure has the following main elements: the economic-law approach used as a methodology of judicial cognition and adjudication in a case referred to economic jurisdiction, which allows predicting the impact of the judgment on the domain of economic activity; evolution of the proportionality principle in economic court procedure (statutorily defined criteria of judicial guidance of process in conjunction with optionality of parties); concentration of cases in economic jurisdiction (concentration in economic jurisdiction of a range of all interrelated legal conflicts, including those involving public authorities and local self-government bodies).