Gapalo S. Sanctions in the economic law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U005676

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

20-09-2011

Specialized Academic Board

К 26.006.05

Essay

The thesis studies controversial issues related to legal regulation and practical application of sanctions within the economic law of Ukraine. In particular, the legal nature of sanctions and their relation to the category of legal liability are studied in detail. Different approaches to the classification of legal sanctions are provided. The main attributes of the economic-legal sanction are identified and thoroughly analyzed. Those provide basis for the improved definition of the economic-legal sanction formulated in this thesis. Using the existing results in the scientific literature, the thesis suggests the new approach to the classification of economic legal sanctions. Furthermore, particular kinds of legal economic sanctions such as paying damages, contract penalties, operative economic sanctions, and the order of their application and enforcement are documented and carefully investigated. Particular consideration is given to the problem of administrative economic sanctions. This thesis also considers the international legal regulation of economic legal sanctions within Roman-German and Anglo-Saxon legal systems.

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