Opryshko D. Contract-based unions of enterprises as subjects of economic activity in Ukraine

Dissertation contains complex analysis of questions connected with establishment and activity of contract-based unions of enterprises as subjects of economic activity. Chapter 1 of this thesis is aimed on investigation of contract-based unions of enterprises' common and special characteristics, definition of their place among unions of enterprises and analysis of legal regulation of their setting up and activity in Ukraine. Basing on the results of analysis of unions' common and special features, author defines the term "contract-based union of enterprises" and gives grounds for necessity of introducing the term "contract-based economic union" in the Economic Code of Ukraine. Dissertator proposes to introduce such terms as "system of subjects of economic activity" and "system of unions of enterprises" into economic law theory and to define a charter as a single constitutive document of contract-based economic unions. At the same time, author outlines necessity to provide founders of mentioned unions with the right to conclude a memorandum of association that does not have the power of constituent document and acts till the moment of adoption of union's charter. Author suggests to expand the circle of subjects that have the right to set up and to take part in contract-based economic unions and to introduce subsidiary liability of their founders and members for obligations of contract-based economic unions if charter capital is not created in mentioned unions. Chapter 2 of this thesis discloses peculiarities of varieties of enterprises' contract-based unions. In particular, author analyzes legal status of economic associations, corporations and "other forms of subjects of economic activity interests' union". In this Chapter dissertator underlines the necessity of division of such definitions as "coordination of competition behavior", "coordination of economic activity of association members" and "anticompetitive practices". Author also proposes to give contract-based economic unions the right to represent interests and defend rights of their members on behalf of these unions; to foresee in Economic Code of Ukraine consequences of systematic violation of contract-based economic union's charter by its member; to give a new plot to the term "corporation"; to introduce a new term - "union of financial institutions" into legislation of Ukraine. Except this, it is stated that distinctions between economic associations and private corporations do not exist, though there are serious differences between state (municipal) corporations and private corporations. Taking this into consideration, dissertator suggests to unite economic associations and private corporations into one type of unions and to divide them from state (municipal) corporations. Chapter 3 is dedicated to analysis of legal regulation of contract-based economic unions' setting up and functioning in foreign states. In particular, legislation of European Union and states-members of the EU as well as legal acts of countries-members of Union of Independent States are investigated.