Anokhina I. Legal regulation of the activity of natural monopolies' subjects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U001673

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

07-04-2005

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: activity of the subjects of natural monopolies and its regulation from the point of view of legal aspects. The purpose of research is the elaboration of theoretical and practical questions of legal regulation of activity of the subjects of natural monopolies. Method of research: comparative-legal, abstracting, formal-logic, system-functional. Theoretical and practical meaning: the received results considerably raise a level of theoretical elaboration in a science of the economic law of a problem concerning perfection of legal regulation of activity of the subjects of natural monopolies; can be used at improvement of the legislation regulating activity of the subjects of managing in spheres of natural monopolies. The separate rules of research were used in practical activity of close corporation "Ilichevskvneshtrans", during realization of finance-economic activity PF "Ujnovacija"; are used in educational process at teaching disciplines " The Enterprise right" and "The Commercial right ". Scientific novelty: first in domestic jurisprudence system, complex research of scientific achievement, legislation and practice of its application concerning regulation of activity of the subjects of natural monopolies. The author defines natural monopoly as a specific kind of structural monopoly type of the market where exclusive right of economic subject to the activity arises not as a result of its competition but because of the government declaration of the ineffectiveness of competition in that market. The spheres of natural monopolies and legal status of their subjects are understood. The author justifies that subjects of natural monopolies are specific kind of economic subjects and monopolies. The peculiarities of legal status of natural monopolies' subjects are connected with their exclusive position in the market. The principles, methods and subject of regulation of activity of the subjects of natural monopolies, legal status of bodies of state regulation of activity of the subjects of natural monopolies are determined. The kinds of violations of the legislation on natural monopolies and kinds of the legal responsibility for them are determined. Sphere of use are the subjects of the legislative initiative; economic courts at disposal of legal proceeding connected to application of the legislation on natural monopolies; the subjects of managing working in spheres of natural monopolies; higher educational institutions.

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