Efficiency of Implementation of the Right to Judicial Protection by Business Entities

Abstract

The article is devoted to the study of issues of effective implementation of the right to judicial protection by business entities. The issue of increasing the level of effectiveness of judicial protection is important both for law enforcement practice and for the development of theoretical research.
The search for ways to improve the legislative regulation of these relations is carried out by finalizing the factors that affect the effective implementation of the right to legal protection by business entities. The article analyzes the legislative trends to expand the list of possible ways of protecting violated rights in the economic sphere, and considers novel economic procedural legislation. On the basis of the practice of the European Court of Human Rights and the materials of domestic judicial practice, the problems of choosing and applying effective methods of judicial protection in the conditions of reforming economic justice are investigated.
The rule of law, as a fundamental principle of economic litigation, determines the focus of the judiciary on achieving justice and providing effective protection to all participants in economic relations. The Constitution of Ukraine recognizes the right of everyone to protect their rights and freedoms from violations and illegal encroachments by any means not prohibited by law. The constitutional guarantees of the objective right to judicial protection are: the right to apply to the court for protection; initiating a case in the commercial court; quick impartial consideration of the case by an independent court; actual execution of the court decision; possibility of appeal and cassation appeal.
It is considered important when choosing a method of legal protection to take into account the factor of maintaining a balance between the type, degree of danger, the amount of harmful consequences of infringements on the right by the defendant, and the method of protection chosen by the plaintiff. It is concluded that the results of legal protection are influenced by other factors that determine the effectiveness of the exercise of the right to legal protection by economic entities, namely: the content and quality of legislative norms; the procedural and legal mechanism for restoring the violated right is provided for by the procedural legislation; judicial activity that affects the course of the process and the results of the judicial review of an economic case.