REALIZATION OF THE RIGHT TO A FAIR TRIAL IN RESOLVING CORPORATE DISPUTES AT THE STAGE OF CASSATION APPEAL

Abstract

This article is devoted to the analysis of realization of the right to a fair trial in context of resolution of corporate disputes at the stage of cassation appeal. The aim is to examine the procedural and legal aspects that impact the enforcement of fair trials by courts in the context of corporate law. The article explores the role of cassation review in ensuring fair resolution of corporate disputes through the prism of analysis of the practice of cassation complaints in cases related to corporate disputes in Ukraine. To ensure effective functioning of the legal system in corporate law, the investigation is focused on the problems and prospects of improving the legal regulation for cassation review of complaints related to corporate disputes. Nowadays corporate relations gaining more popularity among business which leads to emergence of conflicts and disputes which are considered by court to make a decision about violation of the rights and interests of person who refers to the court. However, due to the scientific and legal novelty of this type of legal relations, lack of research in this area of Ukrainian law and not well defined legal regulation by legislative act, corporate relations are complex component in the area of judicial regulation because they often include in themselves interests of different sides which have significant financial and commercial value. Also, in many countries there is a tendency to strengthen the requirements for fair trials and compliance with the principles of justice. The stage of cassation review, in turn, is of utmost importance as it is the last instance in the judicial system where changes can be made to previous decisions. Under these circumstances providing justice and legal compliance for resolution of corporate disputes is critically important task for legal system. Considering specified issues and direction of improvement of legislation, study, that was conducted in this article has significant theoretical and practical contribution to the development of judicial practice and legal regulation of corporate relations.