Hofman O. State safeguard as a means of provision for fulfillment of economic obligations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003278

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

28-05-2014

Specialized Academic Board

Д 41.086.04

National University «Odessa Law Academy»

Essay

The thesis focuses on the reseach of state safeguard as a means of provision for fulfillment of economic obligations. On the basis of the analysis of legal and doctrinal approaches to the understanding of the government safeguard there has been suggested a definition of state safeguard with delimitation of its properties and specific characteristics. The economic-legal nature of this institution has been substantiated. Foreign state safeguard experience, including that of CIS countries, Germany, France, and the USA has been analised. There has been proved a necessity of determining state safeguard as a government regulation means of the activity of economic proprietors. It has also been proposed to define the state guarantee agreement on the legislative level and refer it to the form of public-private partnerships. Special attention has been paid to the order of government safeguard provision. There have been made propositions as to its division into stages and phases. State safeguard liabilities, their elements and mechanisms of implementation have been investigated. Close attention has been compelled to the matters arising as a result of performance of safeguard liabilities. Suggestions for the improvement of the national legislation aimed at legal reglamentation of state safeguard as a means of provision for fulfillment of economic obligations in Ukraine have been formulated.

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