Bardashevych N. Economic Law means of ensuring activities of the religious organisations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U000166

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

20-12-2011

Specialized Academic Board

Д 11.170.02

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

Essay

Research object: public relations in the field of management, arising up with participation of religious organizations (RO). Research purpose: development of scientific positions and suggestions on perfection of the economic law providing of activity RO in Ukraine. Research methods: historical, comparatively legal, statistical, method of analysis and synthesis, legalistically legal (legal formalization), comparative analysis, row of sociological methods. Theoretical and practical value: conclusions, suggestions and recommendations do promote the level of conceptual scientific developments in area of common law and of a particular branch theory, which touch a concept "Legal providing", bases of public economic peace, legal position of economic legal subjects, guarantees of their rights (including the legal mode of property) and other providing rights facilities. Drawn on results in activity: Verkhovna Rada of Ukraine on perfection of Law of Ukraine "About the right of conscience and religious organizations"; diocese management of the Gorlovskoy diocese of Ukrainian Orthodox Church; Donetsk national university at teaching of the special courses; legal firm "The Legal assistance" in judicial realization. Scientific novelty: the thesis is devoted to the comprehensive study of the economic law means of assuring the RO activity. The study defines the notion and the structure of the economic law means to ensure RO activity. The author formulated economic law doctrinal definition of the religious organisation as a subject of the economic law. The study includes an analysis of the foreign experience of relations between the state and RO in the economic activity area and, using this experience, the study contains articulated proposals to amend the laws of Ukraine. It is proposed to apply a differentiated approach to the definition of the RO's economic law capability with due consideration of the rules of canonic (confessional) laws. The thesis offers classification of ROs by their economic law capability. It also provides research overview of the economic competency and legal regime of the assets held by RO of various types as well as arguments for the proposals to amend the laws of Ukraine. The author argues for the improvement of the laws of Ukraine related to the direct participation of RO in the economic relationships and to participation in the economic relationships of the enterprise established by RO and other economic law participants. Sphere of the use: subjects of initiation of bill; management subjects in relationships with religious organizations; religious organizations in the field of management; higher educational establishments.

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