Legal transformations of business disputes in post-Soviet Ukraine

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Dokumentart: Article
Date: 2011
Source: Oñati Socio-Legal Series, 1-6, 2011
Language: English
Faculty: Kriminologisches Repository
Department: Kriminologie
DDC Classifikation: 340 - Law
Keywords: Rechtsprechung , Ukraine
Other Keywords:
Dispute transformation
mobilisation of law
‘shadow of the law’
post-Soviet transition
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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.

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