S1026-94520000616-5-1

Article

Published

Issue 8

40-51

In this article the author substantiates the position that the question of correlation of the concepts "economic disputes”, "economic justice” and "economic right” is an actual and practically important in connection with the next stage of reform of the Russian judicial system (2014). So, economic right and economic justice are paired (but not identical) categories, since the legal regulation and individual regulation of economic relations are pair types of regulation of social economic relations (General term), and theoretically grounded and practically effective regulation of the sectors of the economy is possible only on the basis of integration of legal and individual regulation of this sector by resolving economic disputes. These phenomena are closely connected by direct and feedback (economic justice can be realized only on the basis of principles and norms of economic law: direct connection; in the process of implementing economic justice identifies conflicts and gaps in economic law: feedback). In turn, economic justice is a special type of state activity, the contents of which are consideration and resolution by courts of economic disputes. In this case since most of the offences and disputes arise in the country about the redistribution of ownership, all of them are economic (in the broad sense). However, on the basis of the nature of the offence including economic criminal economic offences and administrative offences; on the basis of the subject composition (both parties to the dispute were citizens of individuals) it is possible to isolate civil economic disputes and cases of military personnel (special subject). Thus, the concept of “criminal proceedings”, “administrative Affairs”, “soldiers things”, “civil cases (disputes)” disputes relate to the economic (in the broad sense) on the basis of subordination (rather than formal opposites). All other disputes (not criminal, not administrative, not civil (if all parties - individuals not individual entrepreneurs), not the case of military personnel) are assumed to be strictly economic (in the narrow sense) without specifying them by transfer. A systematic approach helped to identify General and particular features of economic disputes. The latter include disputes economic production (the real economy); economic trade disputes (exchange); economic disputes related to distribution (labor disputes); economic disputes in the sphere of consumption (social services). Classification of economic disputes proposed to be implemented in accordance with the national classification of economic activities (OKVED). This is because it presents all kinds of economic activities that exist in the Russian reality, exhaustively, and also for distinguishing between civil and economic disputes (in the case where both sides - the citizens individuals, they cannot be classified in accordance with NACE, as citizens (and similarly military personnel) are not assigned statistical codes). Only such an approach (based on the narrowing of the study scope), it seems fair, since, being based on the General scientific principle of the integrity of the systems, allows to maintain the unity of the judicial system (without exception, all cases are subject to special jurisdiction).

01.08.2016

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