Pomeranskyi I. Legal Regulation of Centralized Drinking Water-supply

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U001412

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

18-01-2012

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 arising up in the field of the centralized drinkable water-supply. Research purpose: ground of the new teoretiko-methodological going near the legal adjusting of the centralized drinkable water-supply as type of economic activity, theoretical positions on creation of effective mechanism of the legal adjusting of the centralized drinkable water-supply and preparation on this basis of suggestions on perfection of economic legislation. Research methods: historical, comparatively legal, dialectical, system, logical legal, legalistically logical. Theoretical and practical value: conclusions, positions and suggestions of research are directed for subsequent development of theoretical problems of development in Ukraine of economic legislation and practice of his realization in relation to the legal adjusting of the centralized drinkable water-supply with participation of subjects of water-supply. Research results are accepted into account at development of bills Ministry on questions of housing communal economy of Ukraine; used in practical activity of the Legal firm "The Private enterprise "Yukon" and at teaching of educational course in Private higher educational establishment the "Donetsk university of economy and right". Scientific novelty: The author has improved the definition of the concept of centralized drinking water supply as a type of economic activity, as well as identified its specific features. The study analyzes the normative and legal base that regulates the economic relations under investigation and brings them into a system. The author clarifies the composition of participants who take part in the economic - contractual relations in the sphere of centralized water supply. In this regard, the proposal is made to amend the Law of Ukraine "On Drinking Water and Drinking Water Supply". The grounds are given why the powers of subjects who provide centralized water supply should be delegated to the state bodies. Based on the analysis of contracts made in the sphere of centralized water supply, study of theoretical works on the essence of contracts for resources supply through a joining network and understanding the nature of relations in drinking water supply, the author grounds the proposals that there are independent types of contracts. The expediency of accepting the provision for the users of drinking water that is provided in a centralized order, compensation for damages excluding the terms "compensation" and "costs" from the normative and legal acts that regulate the sphere of centralized water supply is substantiated. The author also offers to systemize the kinds of economic crimes in the sphere of centralized water supply depending on character of illegal actions (inactions). Sphere of the use: subjects of initiation of bill; management subjects; subjects of water-supply; higher educational establishments.

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