COMMERCIAL DISPUTES AND THE PROCEDURE FOR THEIR CONSIDERATION

The paper covers the study of a commercial dispute, its elements, and features that are not explored or insufficiently explored in the modern Russian legislation. The relevance of the research is caused both by the economic significance of the phenomenon of the commercial disputes as the main form of interaction of the entrepreneurs between each other and the state authorities and by the complex and voluminous laws on the order and procedure for such disputes consideration. The goal of the study is to consider the issues of resolution of the commercial disputes between the economic entities through the peaceful settlement procedures as well as through the appealing to the judicial authorities for the defense of violated rights and legal interests.

The author gives the definition of the concept of “commercial dispute”, makes an attempt to distinguish between the concepts of “entrepreneur”, “subjects of economic relations”, as well as an attempt to determine the correct terminology. The approaches to the understanding of the procedure for preparing a claim, a statement of claim, and the conciliation procedures are analyzed. The features of commercial disputes, their classification, and the order of coordination of disagreements are considered.

The paper proposes to consider in more detail the procedures for the peaceful settlement of disputes between the entrepreneurs (negotiations, mediation, settlement agreement, and issuing a claim), the procedure for the judicial consideration of a commercial dispute.

The author analyzed the judicial practice of arbitration courts of the Russian Federation to show how the flow of legal entities’ appeals to the judicial authorities for the conflict situations resolution in a variety of areas of economic activity increased.

The paper contains the options of the commercial disputes consideration and shows the procedure for the contractors to interact with each other to avoid such disputes.