Brovdii A. The economic and legal support of the activity of state-owned enterprises in the forest sector of economy of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006142

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-10-2015

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The thesis is devoted to study of the legal regime of economic activity of state-owned enterprises of the forest sector of the Ukrainian economy, and their relations with public authorities as well. The concept and the structure of the forest sector of Ukrainian economy are considered, the legal regulation of activity of state-owned forestry enterprises is analyzed, the characteristics of their legal capacity is determined, their organizational and economic relationship is examined. It is proved that the economic relationship in the forest sector of Ukraine's economy arise within the forest management that must be carried out under a special legal regulation. Forest management is detected as a special kind of economic activity that is conducted by entities of the forest sector of Ukraine's economy. It can be divided into economic activities in the forest (with or without the using of forest resources) and economic activities with the forest products that depends on the scope of economic activities. The characteristic of the organizational-legal form and the status of the state-owned forestry enterprises is determined. With the aim of improving the management of state-owned forestry enterprises it is proposed to enter into the structure of the organizational-legal form such managing body as the Supervisory Board with the composition and powers defined, due to the need of the balance of private and public interests of business entities, as well as the state and the society at the stages of creation, operation and termination of the activity of state-owned forest enterprises. The structure of property of the state-owned forestry enterprises is defined. It is proved that the forest, which is used in the economic activity should be considered as a natural integral property complex. The necessity of accounting for and valuation of forests in the composition of assets of these entities as non-current asset in the development process changes its form and becomes the working capital is stated. Forest assessment must take into account not only the age, but also economic skills and ability to use relevant forest resources in the implementation of various economic activities in the forest. The procedure of implementation of untreated timber at auctions is considered. The procedure of the conclusion of the contracts in this field is researched as well as the relationship between buyers, sellers and exchanges. Having analyzed the content of these contracts, three types of them are defined: 1) on organization of the auction between the seller and the exchange; 2) on participation in the auction of potential buyers and the exchange; 3) on sale of untreated timber. Conditions of the acquisition of the lot of timber and its subsequent use are considered essential for such contracts. It is proposed to adopt a standard of purchase and sale of timber agreements and agreements on the organization of the auction The importance of the program of forestry and forest industries with the need of forest relations is proved. Feasibility of application of state regulation of the starting price of unprocessed timber should include the cost of production, profit, and must be differentiated depending on its quality characteristics. The need for a change of the approach to means and directions of state regulation of forestry activities in the forest sector of Ukraine's economy is defined. The fundamentals of the legal regulation of economic activities in the forest sector of the EU and the ways of adaptation of Ukrainian legislation to European legal standards through the prism of economic cooperation and the necessity of adopting the Law of Ukraine "On special regime of forest activities in the forest sector of economy of Ukraine" are studied.

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