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LyudmilaNIKOLENKO,

Doctor of Law, Professor of the Department of Law and Public Administration of Mariupol State University

IMPROVEMENT OF TERMINOLOGY OF THE PROJECT OF ECONOMIC PROCEDURAL CODE OF UKRAINE AS A GUARANTEE OF ITS FURTHER EFFICIENCY

The article analyzes the terminology of the draft of the Code of Commercial Procedure of Ukraine. It is emphasized that the influence on the efficiency of the implementation of the Code of Commercial Procedure provisions and achieving the goal of commercial procedure share legal notions and evaluation category described in the draft.

The author emphasizes that the evaluation categories make the commercial form of action flexible, stable and provide relatively unspaced regulation; when defined unambiguously, they contribute to the implementation of the principles of the commercial procedure and the efficiency of the commercial procedure.

The article analyzes new institutions introduced into the draft which are as follows: the institution of witnesses, legal expert, e-justice, simplified and writ proceedings, and judicial settlement of dispute. It is proven that they are not typical for the commercial procedure and the necessity of their introduction is doubtful.

The draft of the Code of Commercial Procedure of Ukraine randomly includes the means of standards development, which do not take into account the rules of applying the means of legal drafting methodology normally used as intended. The author emphasizes that a legislator should be careful while using terminology. Unambiguous definition of terms and notions will make the activities of courts more effective and will reduce the possibility of filing an appeal against the judgement. Unification does not always make positive influence; on the contrary, it may lead to the abuse of process. The author states that not all the terminology used in law making undergoes unification, but only a certain part of it, such as special legal terms, which are key ones in regulatory acts.

Key words: commercial procedure, terminology, conceptual framework, evaluation categories, unification of terminology, commercial proceedings.

References

On some issues of invalidation of transactions (economic agreements): Resolution of the Plenum of the Supreme Economic Court of Ukraine dated May 29, 2013 No. 11. URL: http://zakon5.rada.gov.ua/laws/show/v0011600-13/card6#  Public [ukr.]

Koenig v. The Federal Republic of Germany: Judgment of the European Court of Human Rights of 28 June 1978. URL: http://europeancourt.ru/uploads/ECHR_Konig_v_Germany_28_06_1978.doc. [russ.]