Conflicts of Judicial Competence

DOI

10.2991/assehr.k.200321.123How to use a DOI?

Keywords

judicial power, competence, conflicts of jurisdiction

Abstract

Judicial competence as a predefined set of authority power determines the order of judicial protection and organization of the judiciary. The criteria for the subjective composition and nature of the controversial material legal relationship, developed in legal science and accepted by judicial practice, make it possible to get ahead of the court without any problems. However, after almost three decades, the perception of arbitration courts as courts of special competence, as well as the principle of universal competence of general jurisdiction courts, is irrelevant. Nevertheless, truly economic disputes go to a court of general jurisdiction, only because of the presence in the subject composition of a person who does not have the status of an individual entrepreneur, and this moment is often used in bad faith in a conflict of interest. The purpose of this article is to show such problematic issues and try to find a way to resolve such a conflict and, as a result, protect the rights and legitimate interests of bona fide participants in civil circulation.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - N.Ye. Baradanchenkova
PY  - 2020
DA  - 2020/03/24
TI  - Conflicts of Judicial Competence
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 251
EP  - 254
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.123
DO  - 10.2991/assehr.k.200321.123
ID  - Baradanchenkova2020
ER  -