Content and problems of legal regulation of judicial protection of the rights and legitimate interests of entrepreneurs

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The article presents the problems of legal regulation of the implementation by the business of the right to judicial protection in conjunction with the study of the legal content of this right. It is shown that in most cases, the business is more interested in the use of extrajudicial remedies, which is determined both by the availability of many means of restoring the violated right without going to court, and by the duration of the right to judicial protection of interests. It is noted that the problem of legal regulation of the implementation of the business right to judicial protection is the lack of certainty of the legal status of the prosecutor. He may intervene to protect the interests of an indefinite number of persons, including companies, but, at the same time, he may represent the interests of specific state enterprises in court. If the prosecutor represents the interests of a particular state company, the obligation of the prosecutor to comply with the requirement for pre-trial settlement of the dispute is not fully defined, since the prosecutor, in essence, is not a party to the matter. The conclusion is made about the need to improve the legal regulation of judicial protection of business interests.

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Business, economic disputes, judicial defense, prosecutor, extrajudicial remedies, restoration of violated rights, pre-trial settlement of a dispute

Короткий адрес: https://sciup.org/170186666

IDR: 170186666   |   DOI: 10.24411/2500-1000-2019-11544

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