PROTECTION OF PRIVATE AND PUBLIC RIGHTS OF BUSINESS ENTITIES (JUDICIAL AND NOTARIAL ASPECTS)

The article demonstrates the most significant problems occurring in the field of protecting the rights and interests of domestic business entities. It is shown that the current legislation, like a decade ago, does not contain a clear criterion for distinguishing civil cases between courts of general jurisdiction and arbitration courts. The concept of “economic activity” has not yet been disclosed, and therefore the courts, when deciding on the applicable procedural form of conflict resolution, are guided by their inner conviction. The institution of transfer of cases by arbitration courts to the system of courts of general jurisdiction is criticized, and the absence of a single criterion for differentiating arbitration proceedings into types of proceedings is demonstrated. Notarization of mediation agreements is not implemented in procedural legislation, which does not allow increasing the efficiency of judicial protection of the rights of entrepreneurs and reducing the burden on the judicial system.