Sirotiuk O. Economic and legal framework for public-private partnership

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U007480

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

16-11-2011

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 association in PPP of non-state subjects of management with state-imperious and self-governing structures, and relation of functioning of partners, on principles of agreement. Research purpose: ground of new theoretical positions and development of concrete recommendations on perfection economic legal adjusting of relations of partnership of the state with the non-state subjects of management. Research methods: comparatively legal, historical, dialectical, analyst-synthetic, legalistically logical, statistical. Theoretical and practical value: conclusions, suggestions and recommendations, fill a blank in science of economic right relatively state private partnership, can be utillized in subsequent theoretical researches, and also at perfection of norms of contractual economic right, in practical activity of subjects of obligation relations, pravotvorcheskikh and pravoprimenimykh organs. Drawn on separate results in activity: Private joint-stock company "Lugcentrokuz the name of S.S. Monyatovskogo" during realization of the program of investing of technical development of society; "Intourist LTD" at perfection of separate positions on making an agreement on the grant of tourist services in Ukraine and educational process of the Vostochnoukrainskogo national university of the name of Vladimir Dalya. Scientific novelty: methodological approaches to understand the relationship between investment agreements and contracts within the public-private partnership are featured. The framework for economic and legal regulation of relations in public-private partnership is settled. We formulate the criteria and specific types of relations in this sector that can be attributed to the subject of commercial law based on general ideas about the complex of social relations of the sector. General characteristics of economic and legal regulations mechanism of PPP relations in Ukraine are provided. The specifics of state legal, contractual and local (if corporate form PPP) regulation are found out. A doctrinal definition of economic partnership agreement as a generic concept and requirements for the formalization of appeal subjects are proposed. New principles of legal regulation of foreign economic activity are formulated. Problems are clarified and solutions for the basic directions of improving the economic and legal regulation of public-private partnership are offered. Sphere of the use: subjects of initiation of bill; management subjects; higher educational establishments.

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