Bulatov E. Legal status of an institution as a subject of economic relations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U001044

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-02-2005

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: set of the economic relations, which arise during creation and functioning of institutions of all patterns of ownership. The purpose of research is the perfection of the economic-legal status of institution and elaboration of the concrete offers to the legislation of Ukraine, which fixes the legal status of institutions and regulates practice of its realization during accomplishment by them of economic activity. Methods of research: formal - logic, analytical -synthetic, historical, system-structural, comparative - legal. Theoretical and practical meaning: considerably raises a level of theoretical elaboration of questions of economic-legal regulation of activity of noncommercial organizations. The offers on perfection of the economic-legal status of institution are proved and formulated. The practical embodiment of results of research will promote assistance to expansion of operative - economic independence of institutions. The results of research were used in practical activity ofa Donetsk centre of science НАS of Ukraine and МES of Ukraine on directions: assistance to development of material base of scientific institutions; increase of quality of legal maintenance of economic activity of scientific institutions; cooperation with charitable organizations and improvement of procedure of their registration, and also in educational process at teaching disciplines " The Economic law ", " Legal bases of enterprise activity ", " The Financial law ". Scientific novelty: It is first in domestic jurisprudence by system research of the economic-legal status of one of versions of noncommercial organizations - institution. Definition of institution as participant of the economic relations is proved, which should open the basic functional applicability of institutions, and also include their such organizational-property attributes, as the unitary structure, noncommercial status, complete or partial financing on the part of the proprietor, possession by the right of operative management concerningfixed for them by the proprietor of property. The offers concerning perfection of the legal status of institutions on their economic competence and mechanism of realization of the subsidiary responsibility of the proprietor by the debts of budget institution are proved. Sphere of use: activity of the subjects of the legislative initiative; institutions of all patterns of ownership during realization of economic activity; higher educational institutions.

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