Chaykovskaya V. Methods of non tariff governing in foreign economic activities: economic and legal aspects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U001786

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

18-02-2010

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: complex of social relations, related to non tariff governing of foreign economic activities, and also relations closely related to them. Research purpose: development of new theoretical positions on the improvement of the хозяйственно-правового providing of methods of the untariff adjusting of VED, preparation of suggestions on a change and adding to the legislation and international agreements of Ukraine, which determine the order of application of these methods. Research methods: scientific, special, formal-logical, historical, аnalytical-synthetic, system-structural, comparatively-legal. Theoretical and practical value: the formulated conclusions and suggestions complement the theory of economic right in relation to the features of the legal providing of governing in foreign economic activities. Can be utillized in practical activity of organs which reconstruct a national external economic policy, at subsequent development and to the improvement of legislation on questions of methods of the untariff adjusting of governing in foreign economic activities. Separate suggestions are developed on making alteration in the Economic code of Ukraine, Economic code of practice and some Laws of Ukraine. Research results are inculcated in activity of the South custom of Government custom service of Ukraine, public Accountant company "Kvest-konsalt", on perfection of educational process in the Odessa national university the name of I.I. Mechnikova MON Ukraine at teaching of disciplines the "Economic right", "Legal adjusting of foreign economic activity". Scientific novelty: the problem of the legal management of application of methods of the state untariff affecting on foreign economic activity. The major factors of economic, political and international character, determining the features of governing in foreign economic activities in the conditions of economic globalization and integration processes are analysed on the basis of economic and legal approach. Determination the concept of methods of the untariff governing in foreign economic activities is given, and also maintenance of these methods is specified for introduction in the legislative field of Ukraine of standards of WTO and EU, which have attachment to limitations in sphere of foreign economic activities. The necessity of transformation of principle of defence of national commodity producer is grounded for principle of national economic protectionism. Coming from the norms of WTO, facilities of undiscriminatory national protectionism hatch. The criteria of quantitative limitations and other untariff measures are certain influences in governing in foreign economic activities. Sphere of the use: subjects of initiation of bill; organs of state and local self-government management; the courts at the decision of disputes; the higher educational institutions.

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