Emel'yanov A. The legal adjusting of appeal of bills of exchange in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003671

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

11-09-2009

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: economic relations that arising up in the process of turn of bills of exchange. The purpose of research: ground of directions on perfection of the legal adjusting of turn of bills of exchange in the field of management. Methods of research: analysis and synthesis, abstracting, historical, comparatively-legal, system-functional. Theoretical and practical value: theoretical developments of legal adjusting appeal of bills of exchange in the field of management are deep and improved in science of economic law. The suggestions geared-up on bringing of additions in the Economic code of Ukraine, the suggestions for change and addition in Laws of Ukraine "About securities and fund market", "About economic societies", " About joint-stock companies", " About turn of bills of exchange in Ukraine", and also the Economic processual code of Ukraine and Law of Ukraine " About executive production". Substantive provisions and conclusions are use: in the Economic court of the Donetsk area; in the work process of Prominvestbank and Ccommercial Bank "Capital". Scientific novelty: the genesis of the legal adjusting of appeal of bills of exchange and a division into the periods of development of bill of exchange right is improved in dissertation investigational. The features of the legal mode of bills of exchange are analysed on the foreign legislation of modern period, investigational complications of becoming of bill of exchange legislation in independent Ukraine and suggestions are grounded in relation to his improvement. Additionally argued expedience of commercial-procedural approach at the decision of the vexed questions of the legal adjusting of appeal of bills of exchange, the decision of bill of exchange right as subindustries of economic right is given. Found out legal nature of bill of exchange, the concept of bill of exchange is improved. Classification of bills of exchange and bill of exchange operations is carried out. Argued expedience of increase of the in public legal adjusting of appeal of bills of exchange, suggestions in relation to providing of strictness and transience of bill of exchange penalty and other suggestions are grounded from the improvement of bill of exchange legislation. Sphere of the use: subjects of initiation of bill; judicial administration at the decision of disputes; the subjects of managing; the higher educational institutions.

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