Dzhabrailov R. Legal assistance to effective use of objects of the communal property

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U004440

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

27-10-2005

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: the public relations in the sphere of use of objects of the communal property. The purpose of research is the determination of concrete directions of legal assistance to effective use of the communal property objects, motivation of the recommendations on improvement of the legislation in this sphere. Methods of research: dialectic, formal-logic, historical, comparative-legal, analytical-synthetic. Theoretical meaning: the research deepens and improves theoretical developments concerning legal assistance to use of objects of the communal property in the science of the economic law. The practical meaning: the proposals, stated in paper, on perfection of the legislation of Ukraine can be used in legislative process and activity of organs of local government, and also of managing subjects. The results of the research are used by Administration of Communal Resources of Donetsk city council for formation of the program of socio-economic development and budget of Donetsk for 2005, for preparation of the report "On compensation of expenses of the communal enterprises – Bureau of Technical Inventory – in connection with performance of powers concerning registration of ownership right to immovable property and their restrictions", directed to The Ministry of Justice of Ukraine and to the of Verhovna Rada Committee on state construction and local government; they are also used in educational process of Donetsk Economic-humanitarian Institute. Scientific novelty: historical periodization in the communal property development and legislation is presented. The expediency of introduction of notion "local economies" in the legislation is proved and the author's definition is offered. The necessity of elimination of the existing contradictions in the current legislation of Ukraine concerning financing of executive authorities powers, and also concerning separate objects of the communal property, and realization of local bonds are well grounded. The separation of the executive authority’s and local government’s powers in sphere of regulation and establishment of the tariffs on housing and communal services is argued. Sphere of use are the subjects of the legislative initiative; organs of local government; the managing subjects during realization of economic activity; higher educational institutions.

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