Title |
To the Question of Constitutional
and Legal Constitutive Category of ‘Economic Dispute’
|
Authors |
Kuzmin Andrey Georgievich
PhD Law, Associate Professor of the Department of Constitutional and Administrative
Law of the Faculty of Law of South Ural State
University. 76, Lenin Ave., Chelyabinsk, 454080,
Russia.
E-mail: akuzmin@chelarbitr.ru
|
Section |
Constitution,
state
and
sociiety |
Issue |
1/2015 |
Page |
47-55 |
index UDC |
342. 417 |
index LBC |
|
Abstract |
In the context of the development of
theoretical and constitutional aspects of economic justice the article
considers the category of ‘economic dispute’ through the prism of constitutional
legitimation of arbitration jurisdiction as detalization of this category and
its interpretation are in subject dependence of the realization of the
constitutional purposes of justice in general. The idea (and ideal) of
constitutional legality, adequate perception of the Constitution of the Russian
Federation as a general and unconditional legitimate source of the Russian law means that
the state should exclude from the practice cases where due to the
difference in the classification of the dispute as an economic a person may not
exercise the right for judicial protection or
violates fundamental constitutional
rule on the competent court.
|
Keywords |
constitutional right for judicial protection;
economic dispute; constitutional principles of
economics, arbitration court.
|
 |
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