Theoretical approaches to delimiting the jurisdiction of commercial, civil and administrative courts

Abstract

The judiciary is called upon to ensure justice, ensuring human rights and freedoms, and balancing private and public interests. In this aspect, a significant role is played by the correct choice of the court that is authorized to consider a case. This problem is acute in the separation of jurisdiction of commercial, civil and administrative proceedings. In view of this, it is vital to study theoretical approaches to delimiting the jurisdiction of commercial, civil and administrative courts. The aim of the work is to analyze theoretical approaches and problematic issues regarding the delimitation of jurisdiction of commercial, civil and administrative courts. The methodology of the study included such methods as comparison, analogy, generalization, systemic, structural-functional method, method of analysis and synthesis. The study of theoretical approaches to the delimitation of jurisdiction of commercial, civil and administrative courts allowed to analyze the characteristics of each of the jurisdictions. It is also remarked that determining the jurisdiction of the dispute remains a rather difficult problem for the practice of law enforcement, due not only to imperfect legislation, but also to existing dogmas in science and practice. Also, the problem arises in determining the criteria for delimitation of jurisdiction.