Gerasimenko А. Maintenance of contract performance of production's realization

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U003347

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-06-2004

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Object of research: a complex of the relations arising during execution of the economic contracts of production's realization. A subject of research: economic-legal maintenance of execution of the contracts of production's realization. The purpose of research is the elaboration of scientific rules and substantiation of the offers on improvement of economic-legal maintenance of execution of the contracts of production's realization on the basis of the complex analysis of the domestic and foreign legislation and practice of its application. A method of research: historical, logic, analytic-synthetic, comparative-legal. The theoretical meaning of the received results consists in a deepening and improvement of theoretical elaboration in a science of the economic law of questions of maintenance of execution of the economic contracts of production's realization in Ukraine at the present stage of development of the economic, organizational and legal relations. The practical meaning is that the conclusions andoffers can be used in legislative process and economic activity. The results of research are used during planning and realization of contractual work, choice of kinds of maintenance of the contracts of delivery, barter, sale and purchase, and also number of the contracts, which mediates specialized intermediary activity; there are can be applied in educational process on a course the Economic law" and specific course "Maintenance of execution of the economic contract ". Scientific novelty: this is for the first time in domestic jurisprudence complex economical-legal research of questions of legal maintenance of execution of the contracts on realization of production. The expediency of use of the generalizing term "the contracts of production's realization" and term "commercial mediation" in wide understanding and is proved of legislative fastening of commercial mediation and principle of a choice of a legal means of maintenance of execution of the economic contracts. The kind's systematization of maintenanceof performance of the economic contracts by criterion of the bases of their determination is conducted. The order of using of a state guarantee and realizations of pledged property is advanced. Sphere of use: this is the activity of the subjects of the legislative initiative; Supreme Economic court of Ukraine, local and appeal economic courts of Ukraine; the subjects of managing during consideration of economic cases; higher educational institutions.

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