The article deals with some issues pertaining to the subject-matter and personal jurisdictions in the procedural legislation of Ukraine which have been engendered by amendments to the Code of Economic Procedure of Ukraine, the Code of Administrative Court Procedure of Ukraine and the Code of Civil Procedure of Ukraine, and also by the update of legislation on the Stateand municipally owned property privatization and public procurement.

In particular, the author notes the fact that, having unified the provisions of some procedural institutions, the legislator, on the one part, disregarded the specifics of certain types of court procedure which are due to the peculiarities of cases referred to a certain jurisdiction, and on the other part – provided for dissimilar regulation of identical procedural relations.

The purpose of the article is to study the problematic aspects of the jurisdiction of economic courts and to delimitate economic, administrative and civil jurisdictions. The article analyzes the provisions of the mentioned procedural codes and legislation on property privatization and public procurement. Based on the results of the study, the author suggests that all cases concerning disputes with regard to privatization of Stateand municipally owned property should be considered by economic courts, and for this purpose proposes to amend the Law of Ukraine “On the Privatization of Stateand Municipally Owned Property” with a view to excluding the possibility of consideration of these cases by administrative courts.

Given the focus of the Law of Ukraine “On Public Procurement”, in particular, on ensuring of a competitive environment for public procurement and on developing of fair competition, the author concludes that cases in which the authority’s decision is appealed against in court, and also cases involving appeals against opinions of the State financial control authority shall be subject to consideration by economic courts.

 Based on the results of the study, a conclusion is made that there is a need for further scientific research of the issues outlined in the article, as well as the need to further improve the provisions of the institutes of administrative, economic and civil jurisdictions.

Bibliography

Authored books

1. Belianevych V, Arbitrazhne sudochynstvo: vyznannia nediisnymy aktiv derzhavnykh ta inshykh orhaniv: navchalnyi posibnyk [Arbitration Proceedings: Invalidation of Acts Adopted by Governmental and Other Authorities: Study Guide] (In Yure 2001) (in Ukrainian).

Journal articles

2. Bryntsev O, ‘Do pytannia pro vyznachennia poniattia hospodarskoi diialnosti’ [‘On the Issue of Defining the Concept of Economic Activity’] (2013) 6 Visnyk hospodarskoho sudochynstva 63–7 (in Ukrainian).

3. Sidei Ya, ‘Rozmezhuvannia administratyvnoi yurysdyktsii z inshymy vydamy yurysdyktsii u sferi sudovoi kompetentsii’ [‘Delineation of Administrative Jurisdiction and Other Jurisdiction Types in the Realm of Court Competence’] (2018) 6 Pidpryiemnytstvo, hospodarstvo i pravo 196–200 (in Ukrainian).

Newspaper articles

4. Kucheriavenko M ta Smychok Ye, ‘Chy ye novym masovanyi nastup na administratyvni sudy’ [‘Is the Massive Offensive on Administrative Courts a New Development’] Yurydychnyi visnyk Ukrainy (23–29 lystopada 2018) (in Ukrainian).

5. Spasybo-Fatieieva I ta Pechenyi O, ‘Pro fantomnyi bil administratyvnoi yurysdyktsii’ [‘On the Phantom Pain of Administrative Jurisdiction’] Yurydychnyi visnyk Ukrainy (9 sichnia 2019) (in Ukrainian).

Thesis

6. Pobirchenko I, ‘Hozjajstvennye spory i formy ih razreshenija’ [‘Economic Disputes and Their Resolution Forms’] (avtoref diss dokt jurid nauk, 1971) v Pobіrchenko І, Vibrane [Selected] (Osvіta Ukraїni 2013) (in Russian).

Conference paper

7. Shcherbyna V, ‘Deiaki problemy konkurentsii predmetnoi ta sub’iektnoi yurysdyktsii v protsesualnomu zakonodavstvi Ukrainy’ [‘Some Issues Pertaining to the Competition of Subject-Matter and Personal Jurisdictions in Procedural Legislation of Ukraine’] v Suchasni vyklyky ta aktualni problemy sudovoi reformy v Ukraini: materialy II Mizhnarodnoii naukovo-praktychnoi konferentsii [Today’s Challenges and Topical Issues of the Judicial Reform in Ukraine: Materials of the II International Scientific and Practical Conference] (Shcherbaniuk O holova redkol, 2018) 200–3 (in Ukrainian).

Websites

 8. Bryntsev O, ‘Do pytannia pro kryterii rozmezhuvannia yurysdyktsii’ [‘On the Criteria for Delimitation of Jurisdictions’] (Sudova vlada Ukrainy, 11.12.2017) <https://hr.arbitr.gov.ua/sud5023/pres-centr/publications/405127> (accessed: 20.04.2020) (in Ukrainian).