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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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