ACTUAL PROBLEMS OF REALIZATION OF ENTREPRENEURS’ RIGHTS WHEN CONSIDERING DISPUTES IN THE ARBITRATION COURT

The article deals with the problems of implementing the rights of entrepreneurs when considering disputes in the arbitration court, namely: insufficient certainty of the legal status of the Prosecutor in the arbitration process, uncertainty of the clear legal status of the Commissioner for the protection of the rights of entrepreneurs, and other problems. The ways of improving the legislation aimed at the implementation and protection of the rights of entrepreneurs are proposed. At various levels of implementation of the rights of entrepreneurs, it is not uncommon to need their protection in court. Judicial protection of the rights of entrepreneurs is one of the universal and effective forms of protection of rights. The realization of the constitutionally enshrined right to judicial protection of human and civil rights and freedoms is of particular importance, since human rights and freedoms are the highest value of our state. In Russia, only the process of developing legislation on entrepreneurship and promising training in educational institutions, which also accumulate experience in training specialists, is underway. Therefore, until now, business activity is not limited to strict limits and is not clearly perceived. The main principle of the arbitration court’s activity is legality, correct application of the rules of substantive law and performance of procedural actions in strict accordance with the rules of arbitration procedural law. The arbitration court is a state body specially created for the consideration and resolution of economic disputes between legal entities and citizens who carry out business activities without the formation of a legal entity and have the status of an entrepreneur, and in cases stipulated by law, other organizations and citizens. Each legal entity engaged in business has its own goals and objectives that it pursues. Therefore, conflicts between them are inevitable. To solve such confrontations, an objective independent participant — the court-is needed.

entrepreneurs, realization of rights, judicial protection, arbitration process, legislation reform, Commissioner for protection of entrepreneurs ‘rights, entrepreneurs’ rights, modernization of legislation, business activities, forms of protection.

Rogozhina S. G., Shcherbinina N. S. Actual problems of realization of entrepreneurs’ rights when considering disputes in the arbitration court. Business. Education. Law, 2020, no. 2, pp. 292–296. DOI: 10.25683/VOLBI.2020.51.281.