The principles of foreign persons’ rights and duties system formation in economic litigation of Ukraine

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Ескіз
Дата
2021
Назва журналу
Номер ISSN
Назва тому
Видавець
Анотація
Article 365 of the Economic Procedural Code of Ukraine provides that foreign persons have the same procedural rights and duties as domestic entities founded under the legislation of Ukraine with exceptions established by Laws adopted or international treaties ratified by the Parliament of Ukraine. So, there are some specialties of foreign persons' status in litigation as international treaties may impose certain restrictions on certain categories of foreigners either on the basis of a particular person’s special features or on the basis of the state of its origin. The author concludes that the general rights and duties of the foreign persons in Ukrainian economic litigation are common for all the participants of the trial while special rights and duties provide features of the participant’s status that are not inherent in cases without a foreign element. Taking into account the peculiarities of establishing restrictions or additional guarantees for the exercise of procedural rights by such persons, the following principles of forming a system of rights and duties of foreign persons in economic litigation of Ukraine may be identified: (1) the equality of rights and duties of citizens of Ukraine, stateless persons and foreign persons in economic litigation; (2) reciprocity of the rights and duties of foreign persons in economic litigation in countries that have agreed to do so at the international or national level; (3) international courtesy regarding the rights and duties of citizens of Ukraine, stateless persons and foreign persons in commercial litigation; (4) unconditional use of their rights and responsibilities by a foreign person in economic duties litigation; (5) non-discrimination in respect of the rights and obligations of foreign persons in economic litigation; (6) mutual procedural retorsions in economic litigation. Following an expanded interpretation of Article 3 of the Constitution of Ukraine, the author concluded that although human being is the main value of the state and the protection of its rights and interests is the main duty of the state, one should understand this rule more widely, spreading the principle of equality not only for individuals but also for business entities in economic litigation as special entities under the content of the general definition of the «human being» concept.
Опис
Ключові слова
foreign persons, economic trial, jurisdiction, economic jurisdiction, principle
Бібліографічний опис
Global Academics. International Journal of Advance Researches