Novoshytska V. Compensations For Loss In Economic Sphere

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000633

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

28-02-2017

Specialized Academic Board

К11.051.12

Essay

The object of the study is public relations regarding compensation for loss. The purpose of the study is the development and justification of proposals for improving compensation for losses in the Economic Sphere based on the study of the legislation of Ukraine and other countries, the practice of its application and the theoretical bases of the relevant relations in the field of management and compensation of losses in general. Research methods: general scientific and specially-scientific methods of cognition, namely: dialectical, formal-logical, system methods, analysis and synthesis, comparative-legal, formal-legal and others. Theoretical and practical results are that for the first time in domestic science of economic law, on the basis of a comprehensive study of compensation for losses in the economic sphere, new provisions on these relations have been previously known and developed, proposals have been prepared aimed at improving the relevant legislation. The scientific novelty of the results obtained in the dissertation is concretized in the following provisions. For the first time, it was proposed to introduce the principle of compensation for the loss of a favorable opportunity in proportion to the probability of its occurrence, consisting in recovering losses in case of breach of contract in cases where there is no direct evidence of the lost profit, but the authorized party was able to obtain profit from the contract; Proposed within the definition of "method of protecting the property rights of business entities" to delineate the compensation of loss and recovery of loss. The provisions concerning the definition of the concept of "losses in the sphere of management" are improved with the use of the category "profit"; Agreed amount of losses agreed upon by the parties; Additional expenses as a part of losses; The value of damaged property as part of losses; The composition of "losses (through the fault of the consumer)" and "consumer losses", fixed with respect to electrical energy; The procedure for voluntary compensation for damage in the sphere of management by means of the allocation of appropriate stages; The subject matter of the claim for damages in the sphere of management; Consideration by economic courts of claims for recovery of the value of under accounted electric power under the rules established for disputes on recovery of losses. The provisions on: the division of losses into types by: on the nature of the losses of the empowered party, which became the consequence of the offense; In the order of determining the amount of damages in the contract; In the form of compensation; On subjects of responsibility; Preferential application of the norms of the Commercial Code of Ukraine to the norms of the Civil Code of Ukraine regarding compensation of losses; Expediency of development of methods of calculation of losses in the most established economic relations; Calculation of the amount of losses in the sphere of management by granting the creditor the right to charge the established inflation index for the amount of losses; Actual grounds for damages; General and special conditions for compensation of losses in the sphere of management; The distribution of the burden of proof and the provision of evidence in cases of recovery of damages in economic proceedings; Evidence in cases of recovery of damages that can be taken by the economic court with the specification of the value of lost, damaged or destroyed property and material compensation for moral (non-property) harm. Theoretical generalizations, conclusions and proposals formulated in the work can be used to further improve the current legislation on compensation of losses in the sphere of management, to become the basis for further scientific research, to be used in the preparation of relevant textbooks, teaching aids, and comments on regulations Compensation of losses in the sphere of management, as well as in the practical activities of business entities. Separate theses of the dissertation work are used in teaching the academic discipline "Commercial Law" (general part), " Commercial Procedural Law" in Vasyl' Stus Donetsk National University (certificate No. 207/02-1/01.1.3 of 04.10.2016). Some results are recommended for use in the practice of LLC "Kiev beverage plant "Rosinka"(certificate No. 39 of 10.12.2016) and Private Enterprise "Kolchuga Integrated Security System" (certificate No. 008/10 of 07.10.2016).

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