Tokunova A. Legal regime of factoring

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U004996

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

15-11-2012

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 is folded during realization of factoring. Research aim: development of theoretical and practical aspects of the legal mode of factoring and ground of suggestions on perfection of legislation in this sphere. Research methods: formally-logical, system-structural, comparatively-legal, abstracting. Theoretical and practical value: conclusions, positions and suggestions allowed to carry out theoretical generalization and offer new solution of scientific task that consists in development of new theoretical and practical aspects of the legal mode of factoring, determination of ways of perfection of legislation, in this sphere. Research results drawn on in work of Verkhovna Rada of Ukraine; and also in practical activity: of the Private Bank "Promekonombank"; of the Makiivka separation of Private Bank "Ukrsotsbank"; of Executive committee of the Gorlovka town council; of LTD "The Scientific and production enterprise "Filter"; of Private Joint-stock company "Concern Stirol"; Municipal backing of enterprise (Gorlovka city) fund; in an educational process: of the "Donetsk university of economy and right"; of the Uman state pedagogical university of the name of Pavel Tychina; of Donbas state technical university. Scientific novelty: history of development of factoring is investigational in the world and in Ukraine; essence and concept of factoring are analysed, he is classified after the row of grounds; branch belonging of factoring is certain; substantive provisions are analysed in relation to the agreement of factoring; parties of this agreement, their right and duty are described. Separate attention to research of features of the legal mode of international factoring is spared. On the basis of indicated the row of authorial determinations is higher given, methods and concrete variants of making alteration and adding are offered to the legislation of Ukraine, ХК, ГК of Ukraine, laws of Ukraine "About jars and bank activity", "About financial services and government control of markets of financial services", "About licensing of certain types of economic activity", ways of harmonization of internal legislation with Convention bout international factoring. Sphere of the use : subjects of legislative initiative; management subjects; higher educational establishments.

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