Jurisdiction of cases in commercial courts of Ukraine.

Abstract

The thesis is researches the problems of jurisdiction of cases in commercial courts of Ukraine. The thesis offers the definition of jurisdiction of cases in commercial courts of Ukraine as institution of commercial procedural law of Ukraine, that guarantee legislative right of any entity to apply to the court as well as sets the guidelines of commercial court appointment (the court which will decide the case determining the details of particular preceding i.e. subject matter and parties concerned). There are proved the major criteria of commercial court jurisdiction in the thesis. Definition of «rules of commercial court jurisdiction» has been offered as mandatory guidelines that prescribe distribution of the cases within the system of commercial court. Criteria of commercial court jurisdiction definition were codified. Classification of commercial court jurisdiction has been modified.

The proved definition of geographical, imperative, contractual and court instances jurisdictions, and jurisdiction in connected litigations is stated in the second part of the thesis. The identification criteria of these jurisdictions for commercial court proceedings are revealed and codified.

In this thesis is offered modified tools for case about transfer from one commercial court to another. There is stated the proved grounds to qualify misuse behavior of parties in lawsuit that force court to diversify the jurisdiction. 

It is proposed to modify some jurisdiction provisions of Ukraine commercial court proceeding.