Moiseev J. The conclusion of exchange transactions at the commodity exchange and their performance

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U005134

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

15-11-2006

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: relations, arising up in the process of striking bargains of exchanges on a commodity exchange and their implementation. The purpose of research: ground of directions of perfection of legal frameworks of striking bargains of exchanges on a commodity exchange and their implementation, preparation of suggestions in relation to perfection of law. Methods of research: abstracting, comparatively-legal, system-functional, statistical. The theoretical meaning consists of deepening and perfection in science of economic right for theoretical developments and legislation in relation to the conclusion of transactions of exchanges on a commodity exchange and their implementation in the modern terms of management. Practical meaning: the developed scientific positions and suggestions can be used in law activity, in practical activity of commodity exchanges and subjects managements which are the participants of exchange trade; the basic conclusions of work are used in the process of organization and conducting of auctions of exchanges, and also at the conclusion of treaties of exchanges in the Donetsk regional separation of the Agrarian exchange. Drawn on research results at preparation of train aid „Law of Commodity exchange", separate positions are used for teaching of educational courses „Law of Commodity exchange" and „Economic Law (general part)". Scientific novelty: the decision of concept of exchange transaction is grounded as an economic agreement which certain features are inherent and which it is necessary to take into account at the conclusion of treaties on commodity exchanges and their implementation. The decisions of basic types of transactions (spot, forwards, futures and options agreements) of exchanges are finished off, the types of participants of exchange trade, which have a right to strike bargains (members of exchange and brokers) of exchanges, and legal frameworks of their legal status, are specified. An order and method of striking bargains of exchanges on a commodity exchange,which auctions of exchanges are, is specified. Expedience of introduction of additional guarantees of the proper implementation of transactions of exchanges is grounded from the side of commodity exchange as an organizer of auctions of exchanges including providing of clearing maintenance of time-bargains. Suggestion is additionally argued on expedience of plugging in Law of Ukraine "About the commodity exchange" of separate section which sets legal frameworks of conclusion and implementation of transactions of exchanges, and also the proper amendments and supplements are offered to other normatively-legal acts. Sphere of use: subjects of initiation of bill, judicial bodies for the use in the process of application of legislation about the conclusion of transactions of exchanges on a commodity exchange and their implementation, higher educational establishments.

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