Zubatenko E. Stopping of economic subjects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U003729

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-06-2008

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 arising in process stopping of subject of economic, judicial practice stopping of such subjects. The purpose of research is the development of scientific rules and offers on perfection stopping of subject of economic on the basis of the complex analysis of the domestic economic legislation and foreign experience, practice of its application. Research methods: dialectic, historical, system, analysis and synthesis; rather-legal, method of interpretation of the rules of law. Theoretical and practical meaning: are profound and the theoretical development concerning definition of features stopping of subject of economic are advanced in a science of the economic right. The formulated conclusions and offers can be used for the further development of problems of legal regulation stopping of subject of economic, and also for perfection of the current legislation. In research the changes and additions to some normative-legal acts are offered. The rules of the dissertationare used in practical activity of State department on bankruptcy of the Ministry of economy of Ukraine and Legal firm "А.С.G", and also in educational process. Scientific novelty: on the basis of the analysis of the newest legislation of Ukraine complex research of legal questions concerning stopping of subject of economic for the first time is carried spent. It is offered to provide in the law an interdiction of compulsory liquidation of the subjects of managing, which have strategic nation-wide or local meanings; to improve the bases of liquidation of the subject of managing; the features of liquidation and reorganization of the subjects of managing are generalized, the ways stopping of subject of economic behind different criteria are classified. Is proved, that the compulsory reorganization of the subject of managing should be carried out(spent) extremely on the basis of the decision of court. It is offered to enter procedure of supervision behind activity of the debtor, to enter system of obligatory insurance of the responsibility of the members of a liquidating commission, arbitration managers. The offers to the current legislation of Ukraine are proved. Sphere of use are the subjects of the legislative initiative, economic courts, subjects of economic in process stopping their activity; higher educational institutions.

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