Titova E. The Protection of Property Interests of the Liquidation Process Participants at the Enterprises

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U002378

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 relations, which arise in connection with liquidation of the enterprise. The purpose of research: development of new scientific rules and offers concerning protection of property interests of the participants of liquidation process at the enterprises, development of the offers on perfection of the legislation. A methods of research: dialectic, logic-legal, system-structural, comparative-legal, statistical. Theoretical importance: considerably raises a level of theoretical development in a science of the economic law of a problem concerning perfection of protection of property interests of the participants of liquidation process at the enterprises. The practical importance is, that the conclusions, stated in work, and offers can be used in legislative process, were used during preparation of changes and additions to the charter of LLC "Industrial-business concern "Alva", and also in educational process in DonNU MES of Ukraine at teaching discipline "the Economic law of foreign countries". Scientific novelty: for the first time in domestic jurisprudence on the basis of complex research of commercial-legal maintenance of protection of property interests of the participants of liquidation process at the enterprises the new scientific rules concerning protection of such interests are proved and the offers concerning perfection of the legislation in the given sphere are developed. The classification of kinds of interests of the participants of liquidation process is carried out and the concepts of their protection are given. The contents of concept of property in economic activity is investigated and the offers concerning expansion of its legislative concept are proved. The offers concerning perfection of ways of protection of property interests of the subjects of managing on the moment of occurrence of liquidation process are proved. The measures on perfection about liquidation of the enterprises are offered with the purpose of protection of property interests of the participants of liquidation process, additional guarantees of protection of property interests of minority of the shareholders during liquidation, measure on additional protection of property interests of the creditors of the enterprises, which are liquidated, and also general criteria and rules of application of the simplified procedure of liquidation of the enterprises. Sphere of use are the subjects of the legislative initiative, subjects of managing for application during liquidation; economic courts; higher educational institutions.

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