Doroshenko L. The Legal grounds of compulsory dissolution of Commercial Companies

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U003754

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 arising from the forced liquidation of business entities. Objective: development of new theoretical positions on the legal grounds for compulsory liquidation of companies, preparation of proposals to improve legislation and practice on these matters. Research methods: dialectical, logical, legal, systemic and structural, comparative-legal, historical, statistical, and other general scientific and special scientific methods. The theoretical and practical importance: the conclusions and proposals of solving scientific problems to improve the standards of HC and SC, the Law on State Registration, Laws of Ukraine "About Business Associations", " About joint-stock company" that establish the legal basis of compulsory liquidation of business entities. Results of the study increased the level of theoretical development of this problem in the science of economic law, were submitted to the Verkhovna Rada of Ukraine for use in legislative activity, used in the learning process of Donetsk National University MONmolodsporta Ukraine and the National School of Judges of Ukraine, Donetsk regional branch in the development of training programs training of judges and employees of the commercial courts. Scientific novelty: The author argued the dissolution of Commercial Companies is complex multi-valued concept. The notion and characteristics of compulsory dissolutions and distinctions from voluntary dissolution were argued. The author offered a new definition of substantive grounds of compulsory dissolution of Commercial Companies. The essence of each legal ground of compulsory dissolution has been specified. The authorized to initiate procedure of compulsory dissolution of commercial companies' state bodies have been specified. The procedure of court decision making in a cases of state registration's invalidation of commercial companies has been improved. The simplified procedure of compulsory dissolution of commercial companies has been suggested. On the grounds of the research conclusions, the author has developed and suggested recommendations on altering and amending the effective legislation of Ukraine with the purpose of advancing the application of legal grounds of compulsory dissolution of Commercial Companies. Sphere of the use: subjects of legislative initiative; organs of department judicial; management subjects; institutions of higher education.

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