- Publisher: Международные отношения
- Year of issue: 2022
- Series: VAS
- ISBN: 978-5-7133-1727-0
- Cover type: твердый переплет 170 х 240 мм
- Number of pages: 792 с.
- Product Code:: 1054
- Availability:: In Stock
Criminal prosecution as a way of settling economic disputes. Part II. Criminal proceeding in arbitration courts : prerequisites and implementation
In 2021 International Relations published Criminal prosecution as a way of settling economic disputes: what is wrong in the Criminal Code and Criminal Procedure Rules. Continuing the initial topic, in this book the authors suggest resolving the issue of permanently moving economic disputes into the sphere of criminal justice by transferring criminal cases of an entrepreneurial nature into the jurisdiction of arbitration courts which deal with cases through civil action according to the law of arbitration proceedings. This will allow the economic dispute to be resolved together with the criminal case connected to it, thereby excluding the possibility of satisfying, in the context of criminal proceedings, requirements which would have no chance of success in an arbitration court. This eliminates the main motive of initiating commissioned criminal cases against entrepreneurs. The practice of arbitration courts resolving administrative cases, analyzed in this work, clearly shows that in the context of arbitration proceedings, cases that are being handled differently can be consolidated. This shows that there is also a possibility for the non-problematic integration of criminal proceedings in arbitration proceedings. Are there any constitutional hurdles in the way of this integration? Do the most recent amendments to the Constitution create prerequisites for expanding the competence of arbitration courts in the area under review? Why has it been necessary to give prominence to arbitration proceedings in the Constitution, and what is the main difference between the former and other types of judicial proceedings – civil, administrative and criminal? What could the procedural order for arbitration courts look like in practical terms, and what specific changes need to be made in procedural legislation to make this idea a reality? These are some of the questions examined in the monograph put forward. This work is aimed at a wide circle of readers. It can be used as a study guide for students in law faculties.
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