The Role and Importance of the Functions of Economic Procedural Law

Abstract

The article is devoted to the main problems of legal definition of the place and role of the function in the system of commercial procedural law. The authors analyze the historical and legal foundations of the development of procedural law, as well as understanding the essence of the functions of the economic process and their types. Proposals for the interpretation and classification of the functions of commercial procedural law are given. Today it is extremely important to define and classify the functions of commercial procedural law in order to determine their place and role in terms of analysis of modern procedural law. The nature of the field of commercial procedural law is manifested as a socio-regulatory regulator. Based on this, its functions are of great importance for the effective protection of the rights and legitimate interests of enterprises, institutions, organizations, other legal entities, citizens who carry out business activities without creating a legal entity and have acquired the status of business entity, entity management, state and other bodies, individuals who are not business entities. However, the problem now is that the results of intellectual work, expressed in intellectual property, although they should bring tangible income, but not always in practice. A necessary prerequisite for profit is the use of property, its introduction into economic circulation. It is important to understand the essence of the functions of the economic process is the periodization of the stages of procedural law in the Ukrainian lands: 2) II period - XIV - XIX centuries. (pre-revolutionary). Creation of state institutions for resolving cases, consolidation of Ukrainian customary law in normative legal acts and administrative-judicial practice (second half of the XVII century), formation of the so-called written law. 3) III period - 1917 - 1991 (Soviet). The introduction of new methods of economic organization and centralized planning has led to the creation of a system of state courts, which are characterized by their use as a means of indirect influence on public relations by public authorities. 4) IV period - from 1991 to the present (post-Soviet), associated with the independence of Ukraine and the creation. The functions of the state are classified according to their social significance, duration of action, sphere of activity, form of consolidation, etc. Preferably, all these criteria can be applied to the classification of functions of the economic process, taking into account its features. For example, according to the criterion of the duration of the function, the economic process can be divided into permanent and temporary. The permanent ones include regulatory, security, economic, political, informational functions, and the temporary ones include monitoring and integration functions. According to the criterion of the limits of law, functions are divided into external and internal. The external functions of the economic process include economic, political, and internal - regulatory, security, compensation and health.