Legal transformations of business disputes in the post-Soviet Ukraine
- Autores: Tatiana Kyselova
- Localización: Oñati socio-legal series, ISSN-e 2079-5971, Vol. 1, Nº. 6, 2011 (Ejemplar dedicado a: Current Socio-Legal Perspectives on Dispute Resolution / coord. por Masayuki Murayama, Luigi Cominelli), 20 págs.
- Idioma: inglés
- Enlaces
-
Resumen
This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh), but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order � the �shadow of the law� - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.
