Ivanyuta N. Securing a claim in the economic legal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U003526

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

18-05-2012

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 that arise up at security for a claim in the economic legal proceedings. Research aim: development of theoretical principles and ground of new positions and scientific suggestions on perfection of legal aspects of security for a claim in the economic legal proceedings on the basis of complex analysis of home and foreign legislation and practice of his application. Research methods: historical, dialectical, analysis and synthesis, system structural, formal logical, comparative legal. Theoretical and practical value: conclusions, positions and suggestions complement science of economic and economic judicial right on defence and proceeding in rights for management subjects by application of security for a claim in the economic legal proceedings, and also can be used in normative legislation activity on perfection of legislation about security for a claim, first of all the Economic code of practice of Ukraine. Results drawn on: in the educational process of the Mariupol state university of Department of education and science, young people and sport of Ukraine; at the decision of economic disputes LTD. "Аzovpromspechmоntag"; in-process the Advocate association there is the "Legal union" of Ministry of Justice of Ukraine. Scientific novelty: The thesis investigates the urgent problems which have a theoretical and law-enforcement character and are connected with securing a claim in the economic legal proceedings. The study formulates the notion and subject of claim security; defines its attributes and role. The order, grounds and conditions for applying security for a claim have been investigated and specified. Some aspects of a procedural status of the subjects who secure for a claim are defined, in particular a claimant, respondent, third persons, procurator and economic court. The methods of securing a claim are characterized, as well as the problems connected with their applying, especially in settling corporate disputes. The features of making a complaint and execution of an economic court's judicial acts on securing a claim have been identified. A procedural order of claim securing in the economic legal proceedings has been studied and specified. Basic directions to improve the normative and legal acts on securing a claim in the economic legal proceedings are offered. Sphere of the use: subjects of legislative initiative; organs of department judicial; management subjects; higher educational establishments.

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