Economic Courts Research Articles

Features of court decisions made based on the results of the consideration of separate proceedings

The article examines the features of court decisions made based on the results of the consideration of separate proceedings. It is emphasized that bankruptcy should be understood not only as a mechanism for the liquidation of a legal entity or relief from the debts of individuals, but also as a mechanism for restoring solvency. In the process of bankruptcy, it is sometimes necessary to consider property disputes in which the debtor is a party. Thus, there is a special type of proceeding in the bankruptcy procedure – a separate proceeding aimed at restoring the solvency of individuals or legal entities and meeting the demands of creditors. The fulfilment of the purpose of economic litigation depends on what decision will be made in these proceedings – the effective protection of violated, unrecognized or contested rights and legitimate interests of individuals and legal entities, the state. The principles on the basis of which the decision is made are analysed, namely the principles of the rule of law, legality and reasonableness. The interrelationship between the decisions adopted in the procedure of consideration of the bankruptcy case and the separate proceedings was studied. Court decisions adopted in separate proceedings are based on the principles developed by established European judicial practice. Their peculiarity is that they, like decisions in bankruptcy cases, are aimed at protecting the rights of the debtor and correspond to the task of economic justice defined in the legislation of Ukraine. The signs of implementation of the principles in the adoption of a court decision are singled out: compliance of the laws, on the basis of which the stated demands are subject to consideration and decision, to the Constitution of Ukraine; correct assessment of the evidence collected in the manner established by law in the case; establishment of the factual circumstances of the case, based on the ratio of the activity of the court and the competitiveness of the parties established by the procedural law; exact establishment of the norms of material and procedural law that are subject to application; application of substantive law norms aimed at restoring violated subjective rights and interests protected by law, taking into account the actual circumstances of the case. It is noted that decision-making in the economic court is aimed at resolving disputes, ensuring justice, protecting rights, creating legal precedents and maintaining order in the economic sphere. Court decisions act as the basis of the legal system, contributing to the efficient and fair administration of justice.

PROTECTION OF INTELLECTUAL PROPERTY OBJECTS IN ECONOMIC COURTS: THEORY AND PRACTICE

This article pays special attention to the development of the field of intellectual property in our country, reliable protection of the legitimate interests of authors and other copyright holders; the number of disputes related to intellectual property is increasing every year. In this regard, there is a need to improve the relevant knowledge and skills of judges, and the features of consideration of cases related to the protection of intellectual property in economic courts are highlighted. In addition, the article provides proposals and recommendations for improving legislation to ensure reliable legal protection of intellectual property in economic courts.

A smart model to minimize the waiting time for the cases in Egyptian Economic courts

A smart model to minimize the waiting time for the cases in Egyptian Economic courts

Electronic dispute resolution in business: Opportunities for implementation in Kazakhstan

Relevance. The relevance of conducting a study on alternative dispute resolution between business entities stems from the fact that the current processes of digitalisation and globalisation have extended the opportunities for the introduction of innovative technologies in court proceedings. Purpose. Among the key tasks and objectives of the study was the analysis of the mechanism for implementing electronic dispute resolution in business activities, highlighting its characteristic features and the principles on which this activity is based. Methodology. The methods used in the present study are the theoretical-methodological approach, the functional methodological approach, the method of legal hermeneutics, the dogmatic methodological approach, the method of synthesis and others. Results. The study analysed the specifics of the implementation of mediation as an electronic dispute resolution method in business. International practices have been analysed and the advantages and disadvantages of implementing an electronic dispute resolution mechanism in the business sector have been highlighted and recommendations have been made to make the implementation of the mechanism in Kazakhstan more effective. To complete the analysis, statistical data were reviewed, based on dispute resolution by courts of general jurisdiction and the Specialised Inter-District Economic Court in comparison to the methods they use, and analysis was carried out on the use of mediation and settlement agreements, as well as through the use of online systems. Conclusions. A scientific study of electronic dispute resolution reveals that integrating innovative communication technologies into legal proceedings significantly enhances traditional dispute resolution methods. Electronic dispute resolution can address conflicts ranging from interpersonal disputes to state-level conflicts and is particularly beneficial for business disputes. The practical value of the findings is that the introduction of an effective e-justice mechanism will provide an opportunity to protect the rights of entrepreneurs and conduct this type of activity in the Republic of Kazakhstan. Keywords: protection of entrepreneurs; mediation; arbitration; foreign economic disputes; electronic justice; negotiations

The Monopoly of Economic Justice: Judges versus arbitrators

The article explores the relationships between state economic courts represented by judges and arbitration courts as a manifestation of the conflict between public and private justice. The consequences of changes in state policy after the arbitration reform of 2015–2017 are discussed. Firstly, through the lens of Bourdieu’s perspective, the key factors influencing the emergence of a negative attitude in the judicial environment towards private justice are analyzed. Secondly, the establishment of the specialization of a particular subgroup of judges from the appellate instance of arbitration courts, who year after year deal with cases related to arbitration courts, is examined. During the empirical part of the research and interviews with judges from the appellate instances, it was found that their primary reference point, in addition to the law and personal convictions, is the orientation towards the higher court — the Supreme Court of the Russian Federation, where one judge largely determines the courts’ policy towards arbitration courts. Judges exhibit normative isomorphism, as similar experiences and practices prompt them to adopt similar strategies to protect their field from private justice. The article is the result of qualitative research based on interviews. Based on the assumption of the homogenization of the judicial sphere and judges’ defensive tactics to protect their field from external, private courts using institutional analysis and Bourdieu’s theories of fields and capital, the conclusion is drawn that judges of state courts tend to accumulate symbolic capital. This allows them to act as the only possible interpreters of legal norms — monopolists of justice. Through the lens of isomorphism theory, the conclusion is drawn that state courts implement the practice of coercive isomorphism, which has no other goals except forcing private courts to mimic state courts.

DISTINCTIVE FEATURES OF CORPORATE DISPUTE RESOLUTION

This article covers the processes from the stage of applying to the courts for corporate disputes, which economic courts have jurisdiction over, to their consideration and resolution by the courts, as well as the specific features of the resolution of corporate disputes. In particular, the transfer of corporate disputes from courts of general jurisdiction to economic courts and issues related to the institution of relevance in this regard (jurisdiction) are covered with examples from judicial practice and given the conclusion that all disputes arising from corporate relations and public legal relations that are causally connected with them should be resolved by economic courts. As a result of this, it is justified that the effective protection of the rights of the participants in the corporate relationship through the court will be granted. Moreover, special emphasis is placed on the aspects of corporate disputes that are different from other types of disputes in the resolution of corporate disputes by economic courts. Some mistakes and shortcomings that are made in practice and various approaches are analyzed, and given a personal author’s position, which is expressed based on foreign experience in this regard, for the unification of judicial practice. Besides that, there are some proposals for clarification in the decision of the Plenum of the Republic of Uzbekistan.

On reforms of economic judiciary in the light of new concepts

The article examines the problems of reforming the judicial system, taking into account the «Concept of reforming the judicial system with the aim of improving access to justice», presented in July 2023 by the Research Service of the Verkhovna Rada of Ukraine. Positive expectations from the liquidation of commercial courts of first and second instance are denied. It is emphasized that the introduction of sections for consideration of economic disputes at local courts will lead to the degradation of judicial standards demonstrated by economic courts, including compliance with procedural terms.The possibility of solving the problem of excessive burden on local courts by increasing the burden on specialized judges, which will only lead to a decrease in the quality of justice in economic litigation, has been refuted. More reasonable measures to simplify court procedures and promote out-of-court resolution of legal conflicts, as well as to fill the numerous vacancies of local court judges, are justified.Solving the problems of the judiciary is connected with overcoming the shortcomings of the procedural codes and anti-corruption policy of the state, and not with the structuring of judicial bodies.The priority objects of judicial reform have been identified: restoration of public trust in the judicial branch of government, compliance with the deadlines for consideration of cases in the system of general and administrative courts, compliance with the principles of independence of judges from state bodies, proper financing of the court apparatus and decent remuneration for the work of assistant judges and secretaries, prevention of groundless lawsuits and self-limitation of state bodies in violating the rights of private individuals, prevention of abuse of state bodies in appealing court decisions, introduction of a mechanism for mass mediation, insufficient stimulation of alternative dispute resolution methods capable of reducing the number of court cases.It is proposed to use the experience of international commercial arbitration in the improvement of economic justice.

Regarding consideration of the principle of primacy of arbitration in cases of invalidation of an arbitration agreement in economic proceedings

The article examines the principle of primacy of arbitration. It continued the doctrine of «competency of competence» and can be defined as an approach established by international legal obligations of Ukraine and special legislation on international commercial arbitration, according to which consideration of the issue on validity, effectiveness, and enforceability of an arbitration agreement must precede consideration of the corresponding claim in the state court, except for cases caused by clear disregard public order by such an agreement. It has been proven that consideration by the economic court of an separate claim to invalidate the arbitration agreement goes beyond the permissible forms of state court intervention in commercial arbitration. It is justified that the issue of the invalidity of the arbitration agreement can be considered exclusively together with the claim for the protection of the violated/disputed/unrecognized subjective right or legitimate interest of the party to the agreement. However, even in such a case, the principle of primacy of arbitration must be observed. It is substantiated that the admissibility of expanded perception by state courts of the competence to consider claims about the validity of the arbitration agreement significantly limits the competence of commercial arbitrations and creates the risk of assigning Ukraine to jurisdictions unfriendly to arbitration, contradicting the experience of the leading countries of the world, in particular France, Germany, and Britain. It is substantiated that the presentation of an independent lawsuit to the commercial court to declare the arbitration agreement invalid cannot be recognized as a proper and effective way of protecting a subjective right. It is emphasized that the right to apply to the state court with an independent demand to declare the arbitration agreement invalid should be interpreted in a restrictive way due to cases of abuse of procedural rights, when the sole purpose of initiating such cases is to delay the consideration of disputes and stop the arbitration proceedings. Key words: alternative dispute resolution, international commercial arbitration, economic courts, economic procedure, arbitration clause, invalidity of arbitration agreement, principle of primacy of arbitration, doctrine of «competency of competence», public order.

Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts

Abstract The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d’être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate.

ПРО ВИЗНАЧЕННЯ РОЗМІРУ СТАТУТНОГО КАПІТАЛУ ТА ВИЗНАЧЕННЯ ЧАСТОК УЧАСНИКІВ ТОВ ЯК СПОСОБИ ЗАХИСТУ КОРПОРАТИВНИХ ПРАВ

The effectiveness of ways to protect corporate rights, including members of a limited liability company (LLC), and developing a catalog of these ways is one of the key problems for the theory of Corporate Law. The law-enforcement practice of economic courts dealing with corporate disputes, the number of which has increased significantly in recent years, is an important factor in ensuring the protection of property rights, creating favorable conditions for investment activity in the country, and stable functioning of the corporate sector of the economy. The article draws attention to the fact that at the moment the decisions of the Supreme Court are dominated by the position that a comprehensive list of ways to protect a member of an LLC who believes that his right or legal interest is violated by changes in the composition of members or the distribution of shares of members of the company is contained in Art. 17 of the Law of Ukraine “On State Registration of Legal Entities, Individual – Entrepreneurs and Public Organizations”. On the basis of the analysis of the current practice of the Supreme Court, controversial issues of the court's application of the norms of Part 5 of Article 17 of this Law (in particular, in cases where the participant of the LLC has not fulfilled his obligation regarding property participation in the authorized capital of the company). It is argued that when considering corporate disputes, the principle of proportionality should be applied: the reduction of a participant's share in the authorized capital of an LLC is not a violation of his corporate rights, if such a participant has not made an additional contribution to the company's authorized capital in accordance with the decision of the general meeting to increase the amount of authorized capital. Attention is drawn to the fact that part 5 of Art. 17 of the Law of Ukraine “On State Registration of Legal Entities, Individuals Entrepreneurs and Public Organizations” does not establish as such methods of protecting the rights and interests of participants in disputes about the size of shares in the authorized capital or the composition of members of a limited liability company. For the purposes of Part 5 of Art. 17 of this Law, a court decision of the relevant content is considered as an alternative to the decision of the general meeting of participants. In the court decision, as a document on the basis of which relevant registration actions are carried out, the size of shares in the authorized capital, the size of the authorized capital must be specified as the factual circumstances of the real property participation of the participants in the authorized capital of the company established by the court. The court can protect the right of the participant in the way chosen by the plaintiff, while the lawsuit claims to determine the size of the authorized capital of the LLC and the size of the shares of the participants in the company can be considered by the court as a derivative together with the main claim that protects the violated right (invalidation of the decision of the general meeting of participants, etc.).

ISSUES OF RESPONSIBILITY IN THE FIELD OF INTELLECTUAL PROPERTY

This article analyses the specifics of resolving disputes on liability for violations of intellectual property rights under the legislation of the Republic of Uzbekistan. The authors separately studied the specifics of resolving issues of property liability in civil and economic courts, public law disputes in administrative courts, as well as administrative offenses and crimes in criminal courts. Based on the analysis, the authors note the importance of 1) specialization of courts; 2) the use of alternative dispute resolution measures; 3) improving the system of execution of court decisions; 4) the use of an integrated approach to solving problems of responsibility on the Internet.

FOR BUSINESS ACTIVITY TO PROGRESS, IT IS ESSENTIAL TO ADHERE TO ITS PRINCIPLES

The speaker critiques Uzbekistan's laws regarding entrepreneurship and private property, asserting that they lack confidence and donot adequately serve or protect business entities. Despite recent reforms making economic courts more progressive and transparent, they still fail to meet entrepreneurs' needs due to the state's misunderstanding of their operation. Many issues stem from contradictory laws, excessive regulation, undue state interference, and misaligned attitudes towards entrepreneurship. It's stressed that private property and entrepreneurship laws must emphasize rights and interests rather than rules and restrictions, and the only link between entrepreneurs and the state should be through the tax system. The speaker underscores that the interests of entrepreneurs ultimately benefit society and the state.

THE ROLE OF INTERNATIONAL ARBITRATION IN THE DEVELOPMENT OF TRANSITION COUNTRIES: BALTIC STATES AND CIS COUNTRIES AS EXAMPLE

The article examines the development of international commercial arbitration in countries with economies in transition, focusing on its role within the dispute resolution system, the legislative framework, and future development prospects. It analyzes international commercial arbitration through the lens of local institutions as a potential avenue for growth in these economies. Key issues addressed include the legality of drafting arbitration clauses, the enforcement of arbitration awards, and the application of the New York Convention in various contexts. The challenges surrounding judicial and arbitration proceedings are particularly complex. Kazakhstan, like many other states, is actively reforming its legal regulation of the economic sector. A strong judicial system is essential for economic development, entry into foreign markets, and attracting investment. For many years, international arbitration has served as an effective and convenient means for entrepreneurs to resolve foreign economic disputes. The existence and operation of international arbitration within a country is a positive indicator for the market. Statistics suggest that an effective and competitive legal framework for international arbitration, along with new tools such as in-depth analysis and remote formats, not only attracts local market participants but may also position the country as a regional center for international arbitration. Countries with developing economies have been proactively modifying their judicial systems. In the Baltic states, for instance, reforms have been multi-tiered, leading to the elimination of state economic courts. A major attraction for individuals from various countries to submit disputes to arbitration is the flexibility of the arbitration process. However, the distinctions between arbitration and judicial proceedings extend beyond procedural differences; they also pertain to the merits of the parties' cases. In international arbitration, the law applicable to the merits is determined by provisions that differ from standard statutory conflict of law rules. Depending on the arbitration law of the jurisdiction, the statute of private international law may be encapsulated in a single provision: “in the absence of a choice by the parties, the arbitral tribunal will apply the rules of law it deems appropriate.”

Motivation of court decisions of economic courts

Motivation of court decisions of economic courts

Revision of court decisions based on newly discovered circumstances in civil proceedings in the practice of the Supreme Court

The article deals with the institute of review of judicial decisions under newly discovered circumstances in the practice of the Supreme Court. The review of judicial decisions on newly discovered circumstances must comply with the international standards of fair trial enshrined in para 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights, according to which the specified type of review is characterized as extraordinary and should comply the principle of res judicata.
 The practice of the Civil Court of Cassation and the Grand Chamber of the Supreme Court raises a number of problematic issues related to the application of the updated provisions of the civil procedure legislation concerning the review of judgments on newly discovered circumstances following the amendments to the Civil Procedure Code of Ukraine in 2017. Such problematic issues include peculiarities of interpretation of the notion of newly discovered circumstances, persons, entitled to apply to a court with an application for revision of court decisions under newly discovered circumstances, determination of an appropriate court, where an application should be filed, court powers based on the results of consideration of relevant applications and peculiarities of their consideration. The author concludes that it is necessary to expand the interpretation of the concept of the ‘participants of the case’ as the persons, who can filed an application to the court for revision of judicial decisions on newly discovered circumstances. Besides, the legal problem connected with different interpretation of powers of the court of cassation on reconsideration of judicial decisions in the mentioned category of cases, arisen in practice of the Civil Court of Cassation and the Economic Court of Cassation within the structure of the Supreme Court, was analyzed. The author's position is that the Civil Court of Cassation is not entitled to consider the application on review of court decisions on the newly discovered circumstances on the merits as a result of the retrial of the judgment of the lower courts, because only the court, which delivered the first judgment is empowered to do so.

THE ROLE OF ECONOMIC COURTS IN THE ECONOMIC DEVELOPMENT OF UKRAINE

The subject of the study is the role of economic courts in the economic development of Ukraine. The purpose of the article is determined by the current economic processes taking place in the country in connection with the full-scale aggression of the Russian Federation and the introduction of martial law in the territory of the state by the Decree of the President of Ukraine of February 24, 2022. According to preliminary forecasts, by the end of 2022 inflation in the country will increase to over 30%, and by the end of 2023 and 2024 it is expected to reach 20.7% and 9.4% respectively. Therefore, the purpose of the article is to provide a theoretical and practical substantiation of the impact of economic courts on the support and development of the State's economy in modern conditions. The methodological basis of the work is a set of general philosophical, general scientific and logical methods, the combination of which allowed to achieve a certain level of objectivity, comprehensiveness, as well as the validity of the study and the reliability of the conclusions. The leading role in the work is played by the statistical method, which made it possible to outline the trends in the number of considered economic cases, the amount of property claims of plaintiffs and the amount of funds allocated for recovery (indicators for 2021, 2020, 2019, 2018, etc. were considered). The results of the study make it possible to conclude that the influence of economic courts is both direct and indirect. Direct influence is manifested in the results of administration of justice, resolution of commercial disputes and satisfaction of interests of business entities. The indirect impact is related to the replenishment of the special fund of the State Budget of Ukraine by economic courts through the receipt of court fees. In addition, the difficulties faced by judges of economic courts in the context of the full-scale aggression of the Russian Federation against Ukraine are highlighted: 1) the danger to the life and health of judges, court staff and visitors to the court in general (for example, in Odesa from February 24, 2022 to September 8, 2022, air alert was announced fifty-one times, its total duration was thirty-nine hours); 2) destruction or damage to the material and technical base of economic courts (for example, in the Economic Court of Donetsk region and the Economic Court of Luhansk region, located in the same building, the plaster on the facade of the building was damaged, the building of the Economic Court of Mykolaiv region was damaged); 3) lack of judges (this is due to the suspension of the work of the High Qualification Commission of Judges of Ukraine, on the one hand, and the fact that some judges left the country with the beginning of hostilities); 4) insufficient level of funding (in 2020, the Supreme Court received six appeals from economic courts regarding insufficient funding, and in 2021, special attention was paid to the problem of underfunding of the Economic Court of Kyiv region, which led to a shortage of funds in the wage fund of the court staff). Practical implications. It is determined that any further actions of the state should be aimed at raising the qualification level of judges of economic courts and public confidence in them, popularization of the procedure for applying to economic courts and legal proceedings. Value/originality. The study confirms the effectiveness of economic courts and allows to analyze it from a new perspective, since, as most scientific studies show, the effectiveness of economic courts is mainly associated with: the speed of consideration of cases; a small number of decisions appealed to a higher instance (compared to the indicators of general and administrative courts); the percentage of cases considered.

ПРО СПОСОБИ СУДОВОГО ЗАХИСТУ ПРАВ МІНОРИТАРНОГО АКЦІОНЕРА У ПРОЦЕДУРІ ПРИМУСОВОГО ВИКУПУ АКЦІЙ

Based on the relevant law enforcement practice of economic courts, the article studies the problem of choice of proper and effective remedy of a minority shareholder in the procedure of compulsory shares repurchase. It is emphasized that the resolution of this problem shall be based on: 1) the understanding of the mandatory nature of the alienation of shares by a minority shareholder (economically weaker subject), stipulated in Article 65-2 of the Law of Ukraine “On joint-stock companies”, as an atypical contract construction for modern civil and economic legislation; 2) the protection of rights of a minority shareholder in the mandatory shares repurchase should be considered not only in the context of protection of their title, but also in a more broader context — as protection of their subjective corporate right, since the legal consequence of such a sale is not only the termination of their title in a strict sense, but also the termination of their corporate right in the subjective sense as the right of an individual to be a shareholder of a company (legal person). Mandatory sale by a minority shareholder of all shares belonging to them leads not only to the termination of their title in a strict sense, but also to the termination of their corporate right in the subjective sense as the right of an individual to be a shareholder of a company (legal person). Therefore, a minority shareholder in the relations of squeeze-out is entitled not only to receiving some “purchase” price for the mandatory (in essence, compulsory) alienated shares, but also to a fair compensation of loss of their corporate right, which includes proprietary, as well as non-proprietary (organizational) rights, and thus — also the loss of legal possibility to satisfy their investment interest by way of shareholding in a particular joint-stock company. A minority shareholder may seek in court the recognition of not only the right to compensation as such, but the right to compensation at the highest (fair, in terminology of Directive 2004/25/EU) price of share in the specific amount determined by the court. It is argued that the recognition of the claimant’s right to receive fair compensation for shares sold under compulsion is a proper and effective remedy of rights and legitimate interests of a minority shareholder. The issuer of shares shall be the defendant in the lawsuit for recognition of right to receive compensation by a minority shareholder for shares alienated under mandatory sale in accordance with Article 65-2 of the Law of Ukraine “On joint-stock companies”.

Features of the jurisdiction of economic courts

The article considers the problem of determining the jurisdiction of commercial courts. It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself.
 The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial). It is established that the correctness of determining the jurisdiction of the case is essential insofar as it affects the time of decision-making on the case, and, accordingly, the restoration of the violated right, the expiration of the terms of the claim.
 The criteria for establishing the jurisdiction of commercial courts are highlighted: the range of persons who may apply to commercial courts, and belonging to the list of cases under the jurisdiction of commercial courts. It is proved that the existing system of delimitation of jurisdiction of commercial courts taking into account these criteria is not effective, complicates a person's access to court, and therefore requires significant changes.
 The problems of determining the jurisdiction of commercial courts, in particular the separation of commercial and administrative jurisdiction over disputes, when the parties to the dispute are a business entity and a subject of power. It is also problematic to consider cases on the recognition and enforcement of decisions of international commercial arbitration, foreign courts in commercial disputes.
 Possible directions of reforming the principles of determining the jurisdiction of commercial courts through the unification of civil, administrative and economic processes (codes) are outlined; refusal to specialize courts and introduction of specialization of judges; reclassification of the type of proceedings on the initiative of the court and referral of the case by the court to the appropriate jurisdiction.
 The need to take into account the experience of foreign countries (Germany, Italy, Estonia, etc.) in delimiting the jurisdiction of commercial courts on the basis of unification of procedural law - the introduction of a single code that would determine the rules of civil, commercial, administrative proceedings.

The Use of Maxims (al-Qawāʿid al-Uṣūliyyah wa al-Fiqhiyyah) in Legal Argumentation of Sharia Economic Court Decisions in Indonesia

All sharia economic court decisions in Indonesia are supposed to include sharia principles as the basis for adjudicating the case. Therefore, the judges must be able to understand the legal norms of sharia economics. This study aimed to explore how fundamentalistic maxims (al-qawāʿid al-uṣūliyyah) and jurisprudential maxims (al-qawāʿid al-fiqhiyyah) as parts of sharia economic legal norms or sharia principles were used by judges as legal argumentation in court decisions. We analyzed 384 court decisions categorized as sharia economic cases on the Indonesian Supreme Court website from April 20, 2016, to April 20, 2020, and set them as a universe of cases. Each decision that contained the maxim (qāʿidah) in its legal consideration was selected as relevant case sample and was then analyzed to find how the maxim was used as legal argumentation to respond to a petition and/or demurrer. Then, we found 15 legal maxims from 28 legal argumentations of 14 decisions (3.65% of the universe of cases). In general, the use of those maxims as legal argumentation has already conformed to their conventional usage with a few notes related to specific legal findings (rechtsvinding) in sharia economic cases.

Procedural form of consideration of cases on recognition of debtor's laws invalid in bankruptcy cases

The opening of bankruptcy proceedings against a debtor significantly changes both the legal regime of such debtor’s property and the procedure for resolving disputes to which the debtor is a party. In accordance with the principle of concentration of all property disputes in a bankruptcy case, the economic court, which hears such a case, resolves all disputes with the participation of the debtor. An important place among these disputes is occupied by cases of invalidation of the debtor’s transactions.
 The article is devoted to the study of the procedural form of consideration of cases on the recognition of the debtor’s transactions invalid in the bankruptcy case. The author analyzes the concept of economic procedural form and its relationship with the bankruptcy proceedings, examines the characteristics of bankruptcy proceedings and identifies their effect in separate proceedings, which resolve disputes over the invalidation of the debtor's transactions.
 The purpose of the article is to study the procedural form of consideration of cases on recognition of the debtor's transactions as invalid in the bankruptcy case and to highlight the features of consideration of cases on the recognition of the debtor's transactions as invalid within the bankruptcy case.
 Bankruptcy cases are a form of economic process. Therefore, their consideration is carried out not only on the basis of a special act – the Code of Ukraine on Bankruptcy Procedures, but also on the basis of the general provisions of the Economic Procedural Code of Ukraine.
 Based on the results of the study, the author concludes that claims for invalidation of the debtor's transactions in bankruptcy cases are considered in separate proceedings within the bankruptcy case. The decision to consider the claim for invalidation of the debtor's transaction shall be noted by the commercial court in the decision to initiate proceedings in the case.
 It is important to distinguish between participants in bankruptcy proceedings in general and participants in such “mini-proceedings” to challenge the debtor’s transactions – primarily to correctly determine the range of participants in the case and entities entitled to appeal court decisions.