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Economic disputes: definition, types, classification and characteristics

Activities economic entities involves the existence of contractual and other relations between them. Not in all cases, the interaction between commercial companies goes smoothly. Often, participants in a relationship have disagreements about their obligations and rights - economic disputes. Let us further consider their specifics. economic disputes

general characteristics

Economic disputes are unresolved disagreements that arise between business entities in the framework of established relations. The following main types of conflicts exist:

  1. Negotiable. These economic disputes arise regarding obligations and rights arising from the agreement. This group is considered quite extensive. This is due to the fact that most of the obligations and rights in economic activity It follows from the agreements.
  2. Precontracted. Such economic disputes involve the direct conclusion of an agreement or the determination of its content. Such conflicts may arise only when the signing of the contract is mandatory for one of the participants or the parties submit the differences to the authorized body for consideration. In all other cases, the subject of the dispute is absent. This is due to the fact that freedom of contract is one of the key principles of the settlement. According to it, no subject can be forced to conclude it. All this leads to the scarcity of this group of conflicts.
  3. Non-contractual. These are disputes regarding obligations and rights arising not from the agreement or the process of its signing. Such conflicts include disagreements related to violations of property rights arising from property damage, etc. judicial board on economic disputes

Forms of protection

In case of violation or contesting of interests and rights, economic entities can use the regulatory provisions that allow civilized methods to resolve the situation. The legislation provides for the following forms of protection:

  1. Administrative order. It applies in cases that are expressly provided for in the rules. Moreover, any decision made following an administrative dispute may be appealed in court. This provision is enshrined in Art. 11 GK.
  2. Self-defense is right. It is provided for in Art. 14 GK.
  3. Appeal to the court. This method of protection is implemented in accordance with the jurisdiction. It is established by procedural rules. The consideration of disagreements between business entities is carried out by the appropriate court for economic disputes.

It should be noted that the latter form of protection is currently considered the most common and effective. This is due to the fact that judicial economic disputes are resolved in strict accordance with the law. Moreover, the execution of the decisions is ensured by coercive state measures. economic court

Claim procedure

For a certain category of disagreement, it is mandatory. This means that the conflicting parties cannot go to court if the complaint procedure has not been followed. It involves self-regulation of conflicts by actors. If a compromise has not been reached, the resolution of economic disputes is transferred to the authorized authority.For example, before filing a claim with the carrier arising from the contract for the transportation of goods, it is mandatory to submit a claim to him - a written request for payment of the penalty, compensation for losses, and so on. In the event of a partial or complete refusal to satisfy it or in the absence of a response within 30 days, the applicant may appeal to the court.

Nuances

It is worth saying that the claim procedure may be provided for in the contract between economic entities, including in cases where the law does not require compliance. If it is established in the norms for a particular conflict, then the statement of claim (in case of no compromise) is accompanied by documents attesting to the conduct of this procedure. If it turns out that compulsory claim procedure It was not complied with, the claim will be dismissed.  litigation

Economic Arbitration Disputes

They are regulated by the rules of the agro-industrial complex. According to Art. 111 of the Constitution, economic disputes are considered exclusively by authorized bodies - the courts. The creation of other bodies is expressly prohibited by law. The arbitration court acts as a special court, the activity of which is aimed at the consideration of disputes between business entities. In accordance with the Constitution and the FKZ, these instances are recognized as federal. Economic disputes - cases concerning disagreements between business entities have their own specifics, which are taken into account in the norms of the agro-industrial complex. Authorized authorities:

  1. Consider the conflicts that arise in the process of entrepreneurial and other economic activities.
  2. They revise the decisions adopted by them and entered into force on the newly discovered facts (circumstances).
  3. They appeal to the Constitutional Court with a request to verify the constitutionality of the law to be applied or used in the case under consideration.

Lawsuit

Judicial economic disputes are considered at the request of the person concerned. It must be executed in the manner prescribed in the agro-industrial complex. The lawsuit must include:

  1. The name of the authority in which the proceedings will be conducted.
  2. Name, address and contact details of the plaintiff and defendants. economic dispute resolution

If a pre-trial order is provided for this dispute, before submitting the application, it must be followed. The content of the claim shall indicate the circumstances in which relations between the entities arose, the reasons for the disagreement. If the claims are related to damages, it is necessary to provide a calculation justifying them. The claim must be signed by an authorized person of the enterprise. All documents relevant to its consideration are attached to the application, including those proving compliance with the pre-trial settlement.

Authorized Institutions

The consideration of conflicts arising between business entities is carried out:

  1. First instance courts of the republics, regions, territories, cities of the Fed. values ​​of autonomous okrugs / regions.
  2. YOU.
  3. Federal cassation instances.
  4. Appeals bodies, in which there is a judicial board on economic disputes.

Key production objectives

According to Art. 2 APC, the arbitration proceedings are aimed at:

  1. Protection of a violated or infringed right / interest of a person engaged in entrepreneurial and other economic activities, of a constituent entity of the Russian Federation, Moscow Region, state authority, territorial management structure, and other institutions and officials in this field.
  2. Public, fair, impartial and independent consideration of the conflict within the time limits established by law.
  3. Ensuring accessibility of legal proceedings in the field of business and other economic activities.
  4. Prevention of business irregularities.
  5. Assistance in the formation and development of cooperation between entities, the creation of ethics and customs of business turnover. economic litigation matters

Additionally

It is also necessary to say about jurisdiction. It represents the sphere of competence of authorities at a specific level of a system or a specific authority. In accordance with the general rule of jurisdiction, a claim is sent to the location of the defendant. The legislation, however, provides for a number of exceptions. So, territorial jurisdiction is established at the discretion of the plaintiff, if there are several defendants and they are located in different regions. The norms also stipulate that in case of disagreement regarding property, the proceedings shall be held at its location. economic arbitration disputes

Conclusion

Of course, all economic entities would like to dispense with disputes. However, this is far from always possible. At the conclusion of the contract, it is important to provide a procedure for resolving disagreements. The agreement must also indicate force majeure circumstances that exclude the entity’s liability for failure to comply with the terms of the transaction. If a breach of contract has occurred due to other reasons, it is important to use the legal provisions correctly. Do not forget about the claim procedure. Even if it is not established as mandatory by law, it is advisable to try to resolve the conflict peacefully. In many cases, the complaint procedure is effective and avoids the additional costs of litigation.


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