Ausheva E. Protection of enterprises rights against illegal actions of the state authorities

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U005093

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

19-11-2007

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: aggregate of relations which are folded in the process of protection of rights for enterprises. The purpose of research: development of theoretical positions of protection of rights for enterprises against illegal actions of the state authorities and preparation of suggestions of perfection of the proper legislation. Methods of research: analysis and synthesis, formal-logical, system, comparatively-legal, statistical. The theoretical and practical meaning of the received results consists in research and perfection of legal questions of protection of rights for enterprises against illegal actions of the state authorities, with the purpose of increase of efficiency of economic activity of these subjects. Results can be use on research at subsequent development and perfection of legislation about protection of rights for enterprises rights, at development normatively of legal acts - Economic and Economic judicial codes, Code of the administrative legal proceeding of Ukraine; used in practical activity during development of recommendations on protection of rights for enterprises rights; used in an educational process at teaching of discipline „Jurisprudence". Scientific novelty: the main inherent features of such protection are classified and the definition is argued. The interconnection between given protection and protective legal relationships has been revealed. The object and legal grounds of enterprises rights protection against illegal actions of the state authorities have been analyzed. The means of the protection have been classified as well. The judicial protection application has been analyzed and the means of this type of protection have been specified. The order of cancellation of the decision of the state authority about the state registration of the legal act and state prosecutor's powers as to protection of the legal rights of enterprises have been researched and specified. The possibility of self-defense for enterprises has been revealed, the methods and conditions of legality of this type of protection have been specified. The main directions of improvement of law in sphere of enterprises legal rights protection have been developed. Sphere of the use: subjects of initiation of bill, enterprises at development of projects of normatively-legal acts and recommendations on protection of rights for enterprises; higher educational institutions.

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