Pavlychenko Y. The legal regulation of activity on realization of the arrested property

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000362

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

23-12-2008

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: complex of public relations, related to organization and realization of activity on realization of the arrested property. Purpose of research: development of theoretical positions of improvement of the legal regulation of activity on realization of the arrested property, preparation of suggestions on a change and addition of the proper legislation. Methods of research: the formal-logical, historical, system-structural, comparatively-legal, method of analysis and synthesis. The theoretical and practical meaning consists in the decision of directions of development of legal principles of realization of activity on realization of the arrested property. Formulated suggestion on perfection of normatively-legal acts of certain aspects of realization of this activity which matters for an increase efficiency of legislative influence on her. Drawn on research results in the Donetsk national university of Minimterstvo of Education and Science of Ukraine in an educational process at teachingof discipline the "Economic right" (general part); separate positions are used the Donetsk branch of LTD "Multiservice" and inculcated the Donetsk branch of LTD "Gasta"; the suggestion on making alterations and adding to the legislation which is regulate realization of activity on realization of the arrested property, had in to Center of initiations of bill of the Donetsk regional soviet for using for preparation of the proper bills. Scientific novelty: on the basis of the research of the legal adjusting of activity first conducted in Ukraine on realization of the arrested property, new theoretical positions of legal aspects of such activity are grounded as a kind economic, developed suggestion on perfection of legislation which regulates its realization. The conclusions as to notion, characteristics, conditions of pursuance of activity on realization of the arrested property have been argued in the paper. The main directions of modification of legislation regulating the given activity have been proposed. The definition of the notion of activity on realization of the arrested property and breach of the order of realization of the arrested property have been presented, the notion of the specialized organization has been specified. The contractual grounds of fulfillment of activity on realization of the arrested property, the order of this realization have been improved. The legal consequences of breaches in the sphere of realization of the arrested property, including questions of recognition of public auction invalid, grounds and forms of responsibility for the breaches in the given area have been researched and specified. Sphere of use: subjects of initiation of bill, specialized organizations for realization of the arrested property and organs of government executive service, higher educational institutions.

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