Cherviakova O. Administrative and Legal Provision for the Protection of the Rights of Business Entities in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002154

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

27-12-2018

Specialized Academic Board

К 17.127.07

Classic Private University

Essay

The author of the dissertation has studied the comprehensive analysis of administrative and legal provision for the protection of the rights of business entities as a reaction of authorized subjects to violations, objections or non-recognition of such rights in order to ensure and guarantee their implementation. It has been proved that the sphere of commercial law does not cover the regulation of relations, when the subject of authoritative powers is the perpetrator of the rights of an entrepreneur. Such legal relations are characterized by the features, the allocation of which indicates their administrative and legal nature, and therefore the need for regulation and protection by the norms of administrative law, but not commercial one, despite the fact that one of the parties is an entrepreneur. Guaranteeing of the protection by the norms of administrative law makes it the most effective. The leading role for the protection of the rights of business entities in Ukraine has its administrative and legal provision in matters of regulation of the forms of activity, methods that are allowed to be used by state authorities for the protection of the rights of business entities; determination of the limits of powers of the subjects of authoritative powers in the field of economic management; establishment of corpus delicti of administrative offenses in the field of entrepreneurship; settling the procedure of resolving conflicts of entrepreneurs and the subjects of authoritative powers; regulation of the liability of the subjects of authoritative powers for the violation of the rights of business entities.

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