On the dismissal of the claim for the reason that the claimant to have chosen an ineffective legal remedy to protect the violated right

Abstract

The article examines the question of whether the court has legal grounds for dismissal of the claim for the reason that the court finds the claimant to have chosen an ineffective legal remedy to protect the violated right.
The article analyzes what is the task of commercial litigation, what is the purpose of a person’s appeal to court, what does the right to effective remedy mean, who determines the effectiveness of the remedy chosen by the claimant to protect the violated right, and whether the current legislation provides for such grounds for dismissal of the claim as the claimant choosing an ineffective legal remedy to protect the violated right.
The purpose of the research is to analyze the approach to the consideration of cases formed in judicial practice, according to which the claimant’s choice of an ineffective, in the opinion of the court, legal remedy to protect the violated right is an independent ground for dismissal of the claim, and to substantiate the conclusion that the court lacks legal grounds for dismissal of the claim for the reason that the court finds the claimant to have chosen an ineffective legal remedy to protect the violated right.
The necessity of changing the approach to the consideration of cases and making changes to the procedural codes (regarding the inadmissibility of dismissal of the claim for the reason that the court finds the claimant to have chosen an ineffective legal remedy to protect the violated right) іs suggested in the article.