Mechanism of implementation of the right to judicial protection in economic relations

Abstract

The article is devoted to the study of the realization of the right to judicial protection through the prism of the concept of “mechanism”, as an integral system for the functioning of which a set of certain conditions is necessary. The definition of the concept of the mechanism of realization of the right to judicial protection in economic relations is formulated on the basis of the analysis of general theoretical ideas and understanding of the legal mechanism, and a provision is developed to improve the conditions of its action by finalizing the theoretical and legal approaches to the definition of the concept, conditions of functioning and structure of the mechanism of realization of the right to judicial protection in economic relations. On the bases of the analysis carried out, it is proposed to define the mechanism for the realization of the right to judicial protection in economic relations as a complex of material and procedural legal means, with the help of which the regularity of law is translated into the orderliness of economic social relations, the realization of the right to appeal to the court for protection and directly receive judicial protection is established and ensured.
 It was found that the lack of the necessary material rights of the plaintiff is often revealed at the stage of appeal or cassation review of the decision of the commercial court of the first instance and is of a systemic nature, therefore, taking into account the mainly economic nature of the disputed economic relations, it is considered appropriate along with the verification of compliance with the requirements regarding the statute of limitations, the necessary scope of legal capacity of the subject of the appeal, to check the presence of the necessary material rights of the subject of the appeal for judicial protection at the stage of the appeal. To eliminate the above-mentioned problem, it is proposed to supplement part 1 of Article 164 of the Economic and Procedural Code of Ukraine with a provision on the need to submit, together with the statement of claim, documents confirming the owner’s eligibility, along with evidence of a violation on this right by the subject of an appeal for judicial protection, in our opinion, would contribute to ensuring the effective operation of the mechanism for exercising the right to judicial protection in economic relations.