Petrenko V. Constituent documents of economic subjects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U002377

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

27-04-2006

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 arise in connection with development, statement and registration of the constituent documents of the subjects of managing. The purpose of research is the development of theoretical and practical questions concerning the constituent documents of the subjects of managing and preparation of the offers on perfection of the legislation of Ukraine about the constituent documents in sphere of managing. A method of research: dialectic, historical, comparative-legal, formal-legal. Theoretical meaning: the level of theoretical development in a science of the economic law of a problem of perfection of the legislation of Ukraine about the constituent documents in sphere of managing is considerably raised. Practical meaning: The received results can be a basis at definition of ways of perfection of the legislation of Ukraine concerning the constituent documents of the subjects of managing, are used in practical activity at legal maintenance of development, statement and registration of the constituent documents of LLC Zlatograd", branch "KVB Investments LTD" Corporations 6129471 Canada Inc., and also at reading lectures and realization of practical employment on educational discipline "the Enterprise law". Scientific novelty: is proved, that the constituent documents of the subjects managing are the documents of the form, established by the law, according to which, the subject of managing arises and works as the subject of the law, and also determine the legal status of the created subject of managing - economic organization. The legislative requirements to structure and contents of the constituent documents of the subjects of managing are investigated depending on the organized-legal form, elected by the founders, of created economic organization. The concepts of the constituent contract as constituent document of the subject of managing, its kinds, conclusion, change and break, structure and contents, and also isolation from the adjacent contracts are revealed. The concepts, legal nature and contents of the charter of the subject of managing are determined. The offers on perfection of legal regulation of the relations are proved which arise in connection with drawing up, statement and registration of the constituent documents of the subjects of managing in Ukraine. Sphere of use are the subjects of the legislative initiative, subjects of managing by development and statement of the constituent documents, economic courts, higher educational institutions.

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