Problems in the process of considering disputes on the protection of the rights and legal interests of business subjects

Abstract

The article analyzes the problems that occur in the process of considering disputes about the protection of the rights and legitimate interests of business entities. It is suggested that modernization of the legislation on judicial protection of the rights and legitimate interests of business entities should be understood as a set of measures aimed at increasing the effectiveness of the legal norms on judicial protection of the rights and legitimate interests of business entities. Focused attention on issues related to the application of security measures. The problems of the procedural legislation of Ukraine, which occur during the exercise of the right to protect the rights and legitimate interests of business entities, have been identified. Intensive development of economic relations between subjects of economic activity is proposed, which is impossible without the emergence of controversial situations between them. One of the most common methods is arbitration. As part of the further improvement of the legislation in this field, a procedural mechanism was proposed that would allow expanding the circle of persons who have the right to compensation for damages caused by the adoption of measures to ensure the execution of a court decision. Attention is paid to the issue of implementation of legislation regulating the institution of evidence in the economic process. The Bangalore principles were analyzed, according to which a judge should take reasonable measures to preserve and expand his knowledge, improve practical experience and personal qualities necessary for the proper performance of his duties, using educational facilities and other opportunities for these purposes. The legal and organizational possibilities of submitting procedural documents in electronic form, the issue of regulating the terms of consideration of business disputes and the implementation of other procedural actions within the framework of the business process were considered, the concept of "reasonable term" was analyzed. The foreign experience of judicial protection of the rights of business entities is analyzed.