Talykin E. Preventive measures in Economy Legislation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U005353

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

16-06-2010

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 arise up at application and realization of measures of suppressions in the economic legal proceeding. Research purpose: development of new scientific positions on application of measures of suppressions in the economic legal proceeding, preparation of suggestions on the improvement of commercial-procedural legislation, and also practices of his application. Research methods: dialectical, abstracting, system-structural, formal-logical, analytical-synthetic, comparatively-legal, statistical. Theoretical and practical value: the conclusions of dissertation research can be instrumental in perfection of commercial-procedural legislation and development of judicial form of defense right interests of management subjects. Separate positions of dissertation are utillized in an educational process at teaching of discipline the "Economic process" Eastukrainian of national university by name Vladimir Dal Ministries of education and sciences of Ukraine; in judicial practice of separate judges of the Economic court of the Lugansk area; in work of separate advocates of the Lugansk area; in practical activity of private enterpriseof "Info-Style". Scientific novelty: the measures of suppression are probed in the economic legal proceeding; functions and signs of measures of suppression as facilities of judicial prevention are specified; the judicial form of application of measures of suppression is specified as autonomous suppression which has additional in relation to lawsuit application character. The order of application of measures of suppressions, foundation and condition of their use is probed. The features of evidential activity are grounded in realization on application of measures of suppressions, which touch an object, limits and facilities of finishing telling. The system of guarantees of rights for personality which the measures of suppression are used to is considered. The terms of transformation of measures of suppression are specified in measures on security for a claim. Grounded suggestion on perfection of economic judicial legislation. Sphere of the use: subjects of initiation of bill; public and local self-government authorities; judicial administrations; the subjects of management; the higher educational institutions.

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