FORMS AND METHODS OF PROTECTION OF THE RIGHTS OF BUSINESS ENTTITIES

Abstract

The thesis studies the concept and system of methods of protection of the rights of business entities. Under the methods of protecting the rights of business entities it is suggested to understand the totality provided for by law, contract or those that do not contradict the principle of the rule of law, actions which are applied by authorized state authorities or business entities themselves, through which termination can be achieved, prevention, elimination of violations of rights, restoration (recognition) of violated (disputed) rights, compensation of damages and influence on the offender. The understanding of an effective method of protection is defined as such that: corresponds to the circumstances of the case and the nature of the violation; provides real protection (restoration of the previous provision, recognition of rights, compensation for damages, return of property) of the rights and legitimate interests of business entities; restores the balance of interests in the relationship of the parties; establishes a balance of private and public interests. A system of criteria-conditions for electing an appropriate and effective method of protecting the rights of business entities is proposed: 1) the compliance of the method of protecting the content of the violated right, the nature of its violation and the consequences caused by this violation; 2) compliance with the law, the contract, the principles of law and the purpose of judicial protection; 3) expediency and efficiency; 4) adequacy (proportionality, equivalence) in relation to the offense; 5) availability of the implementation mechanism (execution); 6) prevention of violation of rights and interests of other entities. The necessity to determine the time limits for determining the insignificant caned in effectiveness of the method of protection chosen by the plaintiff and the moment when the court makes a decision on applying another method of protection – before the end of the preparatory meeting, and in the case under consideration under the rules of simplified law suit – is substantiated at least five days before the start of the first court session of the case; such a conclusion is associated with the impossibility of the plaintiff, after this period, to submit applications for the modification of the subject of the claim and /or proof of membership of the new selected method of protection