Pilgrim G. Legal regulation of concessions

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U007481

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: concession relations, accordion concerning the objects of right of state and communal ownership. Research purpose: grounds of new theoretical positions and practical recommendations on perfection of the legal adjusting of concession. Research methods: dialectical, legalistically-logical, historical, comparatively-legal, analyst-synthetic, system-structural, logiko-legal. Theoretical and practical value: conclusions, suggestions and recommendations, perfect and systematize the legislation of Ukraine about concessions, can be utillized in pravoprimenitel'noy practice at entering into the contracts of concession, to realization of state power and local self-government of economic jurisdiction organs at making a decision about the transfer of property in a concession. Drawn on separate results for perfection of Law of Ukraine "About concessions" in activity of Center of initiations of bill of the Donetsk regional soviet; By the association of miner's cities of Donbass; in the educational process of the Donetsk national university of economy and trade of the name of Michael Tugan-Baranovskiy. Scientific novelty: divides the historical development of concessions into periods. The arguments are given that it is necessary to recognize "reconstruction" as a qualifying sign of a concession. The expediency of improving the procedure of invitation to a concession tender is grounded. It is suggested to admit registration of rights which arise from a concession agreement as a real obligation. It is also suggested to ban the transfer of a concessionaire's property rights, which arise from a concession agreement or concession's objects, to the third persons both fully and partly. The proposals have been worked out to improve the normative standards as for a subject-and-object composition of the concession relations. The measures on support and development of the economic use of state and communal property on principles of concession are marked out. The perspective directions for the legal regulation of concessions in Ukraine are evaluated. Sphere of the use: subjects of initiation of bill; public and local self-government authorities; higher educational establishments.

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