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Article The Demand for Adaptation and Practical Implementation of the Draft of the Economic Procedural Code of Ukraine
Authors
Podtserkovnyi O.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 9 / 2017
Pages 35 - 44
Annotation

The article is devoted to the directions for improving the draft of the Economic Procedural Code in accordance with the bill 6232 on the basis of identification of vulnerable codification points, its adaptation to existing legal institutions and the possibility of effective practical application. The proposals to clarify the provisions on the jurisdiction of economic courts, dissociation from the competence of international commercial arbitration have been made. Novels of the draft law on testimony were suggested to be clarified by provisions that guarantee the immediacy of the trial and make it impossible to file witness statements without a preliminary resolution of the relevant issue by the court. The necessity of detailed elaboration of cases of mandatory pre-trial order of dispute settlement for the disputes concerning cargo transportation, termination or amendment of the contract, application of sanctions is substantiated. The financial, technical, program and procedural risks of the general modification of the economic process into an electronic form taking into account the experience of foreign countries are determined. The necessity of replacing the principle of objective truth with the principle of formal truth in economic legal proceedings is determined.

Keywords economic process, draft of the Economic Procedural Code, international commercial arbitration, bill 6232, testimony of witness, the principle of formal truth
References
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