Article | Responsibility in the Economic Process for Abuse of Procedural Rights and Measures of Procedural Coercion |
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Authors |
Rieznikova V.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 9 / 2017 |
Pages | 101 - 121 |
Annotation | The article is devoted to the coverage of the approaches existing in modern processalism to the definition of the concept and features of economic-procedural responsibility, the ratio of economic procedural liability with procedural coercion. A list of grounds for the application of measures of procedural coercion under the draft new edition of the Commercial Procedural Code of Ukraine has been formed. The measures foreseen by the project for procedural coercion are analyzed: prevention; Removal from the courtroom; Temporary seizure of evidence for trial by a court; fine. The signs of abuse of the law as a whole, as well as abuse of procedural law in particular. Given the distinguished features of the doctrinal definitions of the terms «abuse of law» and «abuse of procedural law» is provided. The problems of counteracting abuse of procedural rights in the context of the professional discussion of the draft new edition of the Commercial Procedural Code of Ukraine existing at the present stage of economic legal process development in Ukraine have been explored, proposals for its improvement and improvement have been developed. |
Keywords | procedural responsibility, economic and procedural responsibility, procedural coercion, economic-procedural coercion, measures of procedural coercion, measures of procedural coercion in economic legal proceedings, abuse of law, abuse of procedural law |
References | |
Electronic version | Download |