The dissertation is the first in Ukraine a comprehensive study of the problems of civil law regulation of relations with enterprise management as a single property complex. As a result of the study, a number of provisions, conclusions and proposals were formulated and substantiated, including for the first time: substantiates the author's concept of the subject of the contract of management of the enterprise as the only property complex which covers the material and intangible components of the single property complex, as well as specific actions (activities), the powers of which are transferred by the manager to the manager; the contract of management of the enterprise, as the only property complex, unlike the dominant in the legal literature views in the dissertation is considered consensual, the moment of emergence of rights and obligations of the parties is its conclusion in a notarial form; it is found out that the contract of enterprise management as a single property complex distinguishes management functions between the bodies of enterprise management as a legal entity and property manager. The content of the contract may provide for the delegation of certain functions of the management body of the legal entity to the manager without changing the provisions of the charter. In the Civil Code of Ukraine it is necessary to separate the provisions on the specifics of the contract of transfer to the management of the enterprise as a single property complex, which should include a list of powers of the manager; it is proved that the payment of the contract of management of the property complex of the enterprise should be considered as a certain presumption. Property management can be carried out free of charge on the agreement of the parties. The price of a management contract includes the manager's remuneration and the necessary costs associated with the management functions; it is substantiated the expediency in the legislation to specify the order of actions which are the basis for prolongation of the contract of property management for a certain term. One party's statement about the extension of the property management contract should be considered as a legal fact in the form of a transaction that depends on the will of one of the parties to the relationship; it is substantiated that the prerequisites for the application of termination of legal relations as a method of protection in the relations of property management are as follows: a) the presence of damages to the installer of management, as a result of which he substantially loses what he hoped for when concluding the contract; b) the performance of obligations by the party is admitted, which results in loss of interest in performing the contract in another; it is proved that termination of the contract of property management, which is contained in Article 1044 of the Civil Code of Ukraine does not specify the moment of termination of contractual obligations, which is related to a certain legal fact. In such a legal fact, the termination of the relations under the contract of management of the enterprise as a single property complex must be signed by the parties the act of surrender – acceptance and settlement between the installer of management and the manager; a new wording of part 1 of article 103 of the Civil Code of Ukraine is proposed, namely: “the manager who did not show proper care in managing the property, as a result of which he lost or damaged, is obliged to compensate the installer of the damage in full, and to the buyer, income in the form of lost profits that he would receive under the management agreement”; it is established that if the value of the property transferred to management is insufficient to hold the third party liable for the liability to third parties, the manager is liable for his own property. The property complex of the enterprise consists of tangible and intangible assets. Property may be subject to recovery. Intangible assets can be recovered collectively as an integral part of a single property complex of an enterprise;
In the work, it was further substantiated that the enterprise as a single property complex is a holistic object of civil legal relations. Therefore, in the regulatory and protective legal relationship, the components of the property complex of the enterprise should be considered in the aggregate as a complete subject of a management agreement with a single legal regime.
