DISTINCTIVE FEATURES OF CORPORATE DISPUTE RESOLUTION

M. Saidov
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Abstract

This article covers the processes from the stage of applying to the courts for corporate disputes, which economic courts have jurisdiction over, to their consideration and resolution by the courts, as well as the specific features of the resolution of corporate disputes. In particular, the transfer of corporate disputes from courts of general jurisdiction to economic courts and issues related to the institution of relevance in this regard (jurisdiction) are covered with examples from judicial practice and given the conclusion that all disputes arising from corporate relations and public legal relations that are causally connected with them should be resolved by economic courts. As a result of this, it is justified that the effective protection of the rights of the participants in the corporate relationship through the court will be granted. Moreover, special emphasis is placed on the aspects of corporate disputes that are different from other types of disputes in the resolution of corporate disputes by economic courts. Some mistakes and shortcomings that are made in practice and various approaches are analyzed, and given a personal author’s position, which is expressed based on foreign experience in this regard, for the unification of judicial practice. Besides that, there are some proposals for clarification in the decision of the Plenum of the Republic of Uzbekistan.
公司争议解决的特点
本文涉及从向法院申请经济法院有权管辖的公司纠纷阶段到法院审理和解决公司纠纷的过程,以及解决公司纠纷的具体特点。特别是,通过司法实践中的实例,阐述了公司纠纷从一般管辖权法院向经济法院的转移,以及与这方面的相关机构(管辖权)有关的问题,并得出结论,即所有由公司关系和与之有因果关系的公共法律关系引起的纠纷都应由经济法院解决。因此,通过法院有效保护公司关系参与者的权利是合理的。此外,在经济法院解决公司纠纷的过程中,还特别强调了公司纠纷不同于其他类型纠纷的方面。分析了实践中存在的一些错误和不足以及各种做法,并根据国外在这方面的经验提出了作者个人的立场,以统一司法实践。此外,还对乌兹别克斯坦共和国全体会议的决定提出了一些澄清建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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