Gurova A. Judicial protection of the non-property rights of subjects of managing

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U006274

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

15-11-2010

Specialized Academic Board

Д 11.170.02

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

Essay

Research object: public relations which arise up during realization and defence of unproperty rights for management subjects. Research purpose: ground of new theoretical positions of judicial defence of unproperty rights for management subjects and preparation of suggestions on perfection of legislation and practice of his application in this sphere. Research methods: methods of analysis and synthesis, legalistically-logical, system, comparatively-legal, statistical. Theoretical and practical value: the suggestions developed during research complement the theory of science of economic and commercial litigation procedure right for judicial defence of unproperty rights for management subjects. Positions of dissertation use: in an educational process of the Donetsk national university of MON of Ukraine; by the Economic court of the Donetsk area; by the Donetsk appeal economic court at preparation of suggestions to the proper projects of laws of Ukraine; in practical activity of DP «Santekhkomplekt» at preparation of lawsuits about defence of unproperty rights. Scientific novelty: The main inherent features of such protection are classified and the definition is argued. The interconnection between given protection and protective legal relationships has been revealed. The object and legal grounds of judicial protection of the non-property rights of subjects of managing have been analyzed. The means of the protection have been classified as well. The expediency of creation of three-level system of normative and methodical maintenance of an estimation of the size of losses of legal owners of commercial names and trade marks which includes national, branch and corporate levels has been proved. The algorithm of decision-making during gathering proofs and substantiations of the size of the losses caused by infringement of the rights of the subject of managing on the company name and the trade mark has been formulated. The main directions of improvement of law in sphere of enterprises non-property rights protection have been developed. Sphere of the use: subjects of initiation of bill; judicial administrations; the subjects of management; the higher educational institutions.

Files

Similar theses