Stepanov A. Economic-legal methods of the prevention of bankruptcy

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U001781

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

30-03-2006

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, which develop in sphere of restoration of payment of the debtor or recognition by his bankrupt. The purpose of research is the substantiation of scientific-practical conclusions and practical recommendations concerning application of commercial-legal means of the prevention of bankruptcy. Methods of research: dialectic, system analysis, historical, formal-logic, system-structural and rather-legal. Theoretical meaning(importance): are profound and the theoretical development concerning application of commercial-legal means of the prevention of bankruptcy are advanced in a science of the economic law within the framework of manufacture on businesses about bankruptcy in Ukraine. The practical meaning is, that their introduction will assist revealing of directions of the further perfection of legal regulation of the relations of restoration payment of the debtors and non-admission of a recognition by their bankrupts. The practical results and rules are used by judicial board of economic court of the Dnepropetrovsk area at disposal of legal proceeding about bankruptcy, branch of Agency on bankruptcy in the Dnepropetrovsk area, Dnepropetrovsk regional management on bankruptcy of the Ministry of economy of Ukraine, legal company "Lawprotection", and also at reading lectures on " Legal regulation of bankruptcy ". Scientific novelty: is complex research of system of commercial-legal means of the prevention of bankruptcy within the framework of manufacture on businesses about bankruptcy. The commercial-legal means of the prevention of bankruptcy are determined and systematized. The granting to the debtor of the additional rights concerning infringement of business about bankruptcy is proved. The offers concerning perfection of the legal status of the creditors with the not delayed requirements to the debtor are developed. The expediency of perfection of the commercial-legal order of refusal from the current agreements of the debtor is proved. The offers concerning a formulation of structures of economic offences in sphere of an inconsistency (bankruptcy) are made. The project of the Law of Ukraine "About modification and additions in the Law of Ukraine" About restoration of payment of the debtor or recognition his bankrupt" and in the Economic code of Ukraine" is developed. Sphere of use are the subjects of the legislative initiative; bodies of state management, judicial bodies, subjects of managing for use during application of the legislation about bankruptcy; higher educational institutions.

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