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Article The Powers of the Court under the Draft Economic Procedural Code of Ukraine
Authors
Serebriakova Yu.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 9 / 2017
Pages 94 - 100
Annotation

The issues of exercising the authority of the court on the basis of the decision in its decision of such a method of protection are investigated, which does not contradict the law and corresponds to the claim of such person provided for in the project of the Economic Procedural Code of Ukraine. It is noted that the introduction of this power in the proposed version may lead to a restriction of the principle of disposability, violation of the rights of the parties and create a conflict with Article 20 of the Economic Code of Ukraine. Arguments are given on the expediency of vesting the court with this authority under certain conditions. It is proposed that the economic court should be given such authority only if there is consent of the plaintiff, that the parties have the opportunity to provide new evidence in the case and pending a decision on the merits.

Keywords court, economic legal proceedings, court powers, plaintiff, court decision, method of protection of rights, principles of economic legal proceedings, proof
References
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