Kolodiazhna V. Formation and Development of Contract Law for Ukrainian-Polish transborder Cooperation (the end of the 20th century - the beginning of the 21st century).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U002961

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

24-06-2009

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The complex research of legislative and normative-legal maintenance of Ukrainian-Polish border cooperation in the condition of integration is carried out in the dissertation. Ukrainian-Polish border cooperation is proved to be historically conditioned process of interaction of two countries with the common border which is based on the lack of mutual claims (including territorial), respect of sovereign legal rights, mutual assistance. For the first time the main development stages of Ukrainian-Polish interregional relation legal regulation are researched and defined. It is said that in the Soviet period of its history Ukraine couldn't take part in creating contract-legal base of the relations with the neighboring country because of excessive centralization of legislative power and its substitution by communist party dictates in the sphere of international relations. The dissertation gives reasons for the fact that Ukrainian-Polish border cooperation is an integral part of two-sided cooperation, up to date form of neighboring administrative units contacts. The authorized establishments which are subjects of inter-state regional policy and which build the relations of Ukraine with the neighboring country on the constitutional principles, on the basis of national law supreme power and in the frame of Common Europe requirements for regional integration are found out. The analysis of development and functioning of legislative field and mechanism of Ukrainian-Polish border cooperation legal regulation in commercial, economic, humane and other spheres of social life is carried out. The dissertation suggests a new legal definition for the border cooperation agreement between Ukrainian regions and Polish provinces. The historic-legal principle is confirmed to stand for competence of local authorities and self-government, their associations, public organizations, commercial structures in the development of border cooperation. The competences of State power and self-governing bodies in the development of such cooperation are differentiated. It is proved that the formation of local self-government as a component of territorial-political system on the regional level depends on giving self-governing bodies necessary authority for carrying out regional management of full value, including normative-legal base for its activity regulation. Elaborate investigation of this important scientific problem gives the possibility to create the predictable perspective plan of Ukrainian-Polish border cooperation further development which is also very important from the point of view of improving the normative-legal base for the relations with other countries.

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