Ashurkov O. The Features of Legal Regulation for the Foreign Trade Relations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0400U000193

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

30-09-1999

Specialized Academic Board

Д11.170.01

Essay

Object of Research: the whole complex of the right sources (forms of expression), regulating foreign activity relations in their correlation under the sales contract. Research Objective: the definition of significance and degree of interaction for main regulating elements of legal system means which regulates attitudes in foreign trade sphere and revealing of main features for legal regulation of foreign trade agreements (sales contracts). Research Methods: common dialectic approach and special scientific methods: formally logical, comparative-legal system, systematic and structural, analysis and synthesis, historical. The base scientific and theoretical propositions, which belong to both common theory of the right and to appropriate branches of jurisprudence: to economic, civil, international private law served as theoretical foundation. Theoretical and Practical Results: universal criterions of foreign activity conceptions, foreign trade agreement (contract) and custom of a business turnover are sub stantiated and formulated; peculiarities of legal regulations for the relations under foreign trade contract and their regulating possibilities are assessed and singled out; proposals for perfecting of economic legislation of the Ukraine, regulating foreign trade activity and mechanism of it's work are justified; the recommendations for the participants of foreign trade activity for excluding conflict situations during practical performance of contracts, minimization of expenditures and risks are given. Scientific Novelty: the peculiarities of the right nature of foreign trade activity are determined for the first time, it's branch membership is justified; the concepts of foreign trade activity and agreement in this sphere are developed on basis of stable indications in international turnover; the most essential means of legal regulations under the foreign trade contracts are revealed, the regulating possibilities of appropriate means, level of their correlation and interaction are defined. Areas of appl ication: law-making and regulatory governmental agencies in the Ukraine, local self-government bodies, subjects of foreign trade activity, economic educational institutions.

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