RANGE OF PROBLEMS OF DETERMINATION OF ADMINISTRATIVE JURISDICTION OF BUSINESSES

Abstract

Judicial jurisdiction is the institute of right, called to delimit the competense of both different links of the judicial system and types of rule-making, - civil, criminal, economic and administrative. The new releases of codes of practice left debatable some questions of judicial rules, in particular, determination of judicial jurisdiction (to jurisdiction) of businesses. The presence of clear legislative differentiation of cognizance of businesses in courts must not generate problems in judicial practice in relation to jurisdiction of cases. In the article, going is considered near determination of correct judicial jurisdiction of consideration of businesses. Problem questions are outlined at determination of court of the proper jurisdiction in the judicial legislation of Ukraine. Attention is concentrated on the analysis of conclusions of resolutions of Large Chamber of Supreme Court, administrative and civil judicial legislation. The conclusions of resolutions of Large Chamber of Supreme Court became the theoretical base of research, analysis of application of norms of the administrative and civil rule-making at the decision of spores that by mistake is confessed as such, that have public and legal character. However, without regard to the presence of plenty of resolutions of Large Chamber of Supreme Court in relation to determination of the illegal taking of consideration of businesses that does not have a public dispute on maintenance, to the administrative courts, a question remains actual enough, in fact through the inconsistence of courts to the plaintiff obstacles are created in realization of right on judicial. Certainly, that correct determination of jurisdiction of businesses has an important value in practice of courts, as a court decision that even a dispute is correctly decided essentially cannot be considered such that is accepted by the set law of cramps, if at his taking away violation was suffered. Thus, the inconsistency of national courts creates obstacles for the plaintiff to exercise his right to judicial protection. Therefore, the correct choice of jurisdiction should be the basis for further construction of the case.