Volodin A. Economic and legal means of preventing bankruptcy due to unfair management

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U001452

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-01-2013

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 in connection with warning of bankruptcy as a result of unconscientious management. Research purpose: ground of theoretical conclusions and positions of application of economic legal facilities of warning of bankruptcy as a result of unconscientious management and preparation of suggestions on this basis on perfection of economic legislation. Research methods: historical, system and structural, analytical and synthetic, comparative and legal, formal and logical. Theoretical and practical value: conclusions, positions and suggestions can be used in the process of a law activity with the purpose of perfection and systematization of legislation of Ukraine about application of economic legal facilities of warning of bankruptcy as a result of unconscientious management, in judicial practice at consideration of businesses about insolvency, in an educational process within the framework of economic legal disciplines, and also in further scientific developments on application of economic legal facilities of warning of bankruptcy as a result of unconscientious management. Results drawn on in activity of Committee on questions of the legislative providing of law-enforcement activity of Verkhovna Rada of Ukraine and educational process in the Kyiv national linguistic university of Department of education and science, young people and sport of Ukraine. Scientific novelty: on the ground of research of genesis of the legislation about business failure the stages are singled out how legislative provisions of preventing bankruptcy due to unfair management were formed and developed, their characteristics is given. Certain scientific approaches towards definition of notions "business failure", "insolvency" and "bankruptcy" are analyzed. Notion "bankruptcy due to unfair management" is determined. Main directions of the state economic policy in the sphere of preventing bankruptcy due to unfair management are singled out and studied. Economic and legal means of preventing bankruptcy due to unfair management are singled out and systematized. The aforementioned means are expanded, as well as the procedure of their normative regulation and the experience of practical application. The propositions are formulated how to further specify and supplement the legal regulation of means of preventing bankruptcy due to unfair management based on integral Conception of counteraction against bankruptcy due to unfair management. Sphere of the use: subjects of legislative initiative; courts; subjects of entrepreneurial activity; higher educational establishments.

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