Koverznev V. Economic and legal status of production cooperatives

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005472

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

03-07-2012

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 creation and functioning of production cooperative stores. Research purpose: it is perfection of theoretical bases of economic law status of production cooperative stores, development and ground of suggestions on perfection of the proper legislation. Research methods: dialectical, analitiko-sintetical, comparative-legal, historical, system-structural, formal-logical, logiko-legal, method of interpretation of legal norms. Theoretical and practical value: conclusions, positions and suggestions, are directed on theoretical generalization and new decision of scientific task which consists in the ground of directions of perfection of economic law status of production cooperative stores. The offered changes and adding to Economic code of Ukraine and Law of Ukraine "About co-operation" were given for consideration of Verkhovna Rada of Ukraine. Researches are inculcated in activity: Registration chamber of Chernigov city advice; the Desnyanskom district court Chernigov and Novozavodskom district court Chernigov; in the educational process of the Chernigov state institute of economy and management of MONmolod'sporta of Ukraine. Scientific novelty: The thesis is a comprehensive study of the economic and legal status and activities of production cooperatives. The historical and legal analysis of the formation and development of the production cooperation in Ukraine is investigated in the work. In order to improve the conceptual apparatus of the cooperative legislation the concept of "commercial production cooperative", "non-profit production cooperative" is formulated, the definition of "production cooperative", "share", "share of contribution", "common part of a cooperative member", "reserve Fund of the cooperative" is clarified. Considering the economical, legal and social factors the classification of production cooperatives is proposed. The analysis of the legal regime of full and associated membership in the production cooperatives is examined. It was proposed to rename the associated membership in the production cooperative into the investment involved. This paper analyzes the sources and the formation of a production cooperative property, the conditions and the procedure for the distribution of income of the cooperative among its members, develops proposals for improving the cooperative government. Enforcement problems are analyzed in the study area relations, including property accountability in the production cooperatives. Considering the foreign experience the necessity and directions of further improving the legislation of Ukraine on cooperation are substantiated and the legal regulation of activities of production cooperatives is actualized. Sphere of the use: subjects of initiation of bill; courts; organs of state registration; higher educational establishments.

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