Lyubimov I. The legal status of public enterprises

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U002824

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

20-05-2010

Specialized Academic Board

Д 11.170.02

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

Essay

Research object: aggregate of public relations, which are folded in the process of creation, functioning and stopping of state enterprises. Research purpose: development and ground of new positions, directed on the improvement of legal status of state enterprises on the basis of complex analysis of current economic legislation of Ukraine and other countries, practice of his application and proper theoretical principles in relation to state enterprises and management subjects on the whole. Research methods: historical, comparative, system, formal-logical, dialectical, analysis and synthesis, comparatively-legal, inductions and deductions. Theoretical and practical value: theoretical conclusions and suggestions which are formulated in work can be utillized for the subsequent improvement of current legislation which regulates status of subjects of management of state sector of economy, including - state enterprises. Separate positions of dissertation job performances are utillized: there is the "Economic right at teaching of educational discipline" in DonNU MON Ukraine; at preparation of innovative plans and programs of activity of state enterprises of the Donetsk area by Main administration of industry and development of infrastructure of Donetsk regional state administration; there is "Center of the state landed cadastre" of the Donetsk regional branch in activity of the State enterprise. Scientific novelty: the dissertation deals with the study of legal status of public enterprises. The conclusions about the notion, objectives and functions of public enterprises have been reasoned; the main directions of improvement of legislation regulating the status of public enterprises have been suggested. The definition of public enterprise, public commercial and government enterprise has been clarified. The features of public enterprise foundation and termination have been specified; the legal aspects of severalty regimes and property regime for the public enterprises have been improved. Specific character of the public enterprises' commercial competence has been concretized, suggestions on its content clarification have been made. The limits of legal responsibility in the commercial relations for the public enterprises have been specified; the expedience of expanding the grounds for involvement of the State to the subsidiary liability under obligations of public enterprise has been reasoned. Sphere of the use: subjects of initiation of bill; organs of state administration, management subjects; higher educational establishments.

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