Kulishenko V. The Protection against Unlegal Use of Business Reputation of the Economic Subjects in a Competition

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U002879

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-06-2003

Specialized Academic Board

Д 11.170.01

Essay

Object of research: unlegal use of business reputation of the subject of the activity in a competition from the point of view of legal aspects. The purpose of research: elaboration of the concrete offers concerning improvement of legal protection in a competition on the basis of the carried out complex analysis of the modern domestic legislation about protection against unlegal use of business reputation of the economic subjects as kind of a unfair competition and practice of its application. A method of research: scientific and special methods of research, in particular: formal-logic, system-structural, comparative-legal. Theoretical and practical meaning: the basic attributes of unlegal use of business reputation of the economic subjects in a competition as kind of a unfair competition are determined; the scientific definition of concept "unlegal use of business reputation of the subjects of managing in a competition" as illegal behavior of the economic subject is formulated; the characteristic and the specificity of four kinds of unlegal use of business reputation of the economic subjects in a competition is submitted and determined; the basis of the legal responsibility for unlegal use of business reputation of the economic subjects in a competition is determined. In work concrete conclusions and offers concerning perfection of the Law of Ukraine "About protection against an unfair competition" are offered. The materials of research are used at realization of practical rate "The Business right", at reading a special rate "The Contract right". The scientific novelty of the received results is determined by that for the first time in domestic jurisprudence the complex analysis of means of protection from unlegal use of business reputation of the economic subjects in a competition is executed from the point of view of its legal means is executed . Sphere of use are law-making bodies of the central authority; economic courts; bodies of Antimonopoly committee of Ukraine; higher educational institutions.

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