PROSPECTS FOR IMPROVING CIVIL JURISDICTION OF LOCAL GENERAL COURTS IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 28)Publication Date: 2020-06-30
Authors : Rudenko Olena;
Page : 45-51
Keywords : jurisdiction; county general court; civil proceedings;
Abstract
The article is devoted research of civil jurisdiction of county general courts in Ukraine and determination on this basis of ways of its improvement. Under civil jurisdiction of county general courts it is suggested to understand jurisdiction of these courts from consideration and decision of civil cases in an order, foreseen the civil judicial legislation of Ukraine. It is marked that county general courts as examine trial courts all businesses attributed to civil jurisdiction, except businesses about the appeal of decisions of courts of arbitration, about delivery of executive folias on a force implementation of decisions of courts of arbitration, about challenging of decisions of international commercial arbitration, and also about confession and grant to permission on implementation of decisions of international commercial arbitration, as the indicated саses are examined by appeal courts from consideration of civil and criminal cases and also businesses about administrative crimes as by trial courts, and also businesses about confession groundless assets and their penalty in a profit the states that is examined by the Higher anticorruption court. Reasonably, that to subject jurisdiction of county general courts also does not belong decision of judicial questions, related to implementation executive folias given out in these businesses. Drawn conclusion that in the construction of the system of the judicial system correct is approach at that every court will carry out plenary powers of one instance: county courts — the first instance, appeal courts — appellate instance, Supreme Court — appeal instance. With the aim of providing of implementation of tasks of the civil rule-making and increase of national standards of the judicial system it is suggested to perfect jurisdiction of county general courts in civil cases by attributing to jurisdiction of economic courts of businesses about challenging of decisions of international commercial arbitration, about confession and grant to permission of them there is a force implementation, and also businesses about confession and grant to permission on implementation of decisions of foreign courts in cases between the subjects of menage. One of ways of improvement of civil jurisdiction of county general courts attributing is confessed to their jurisdiction as trial of all businesses that is subject to the decision in order of the civil rule-making courts, except саses about confessions of assets and their penalties groundless in a profit
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