Diakunovskyi O. Legal regulation of business activity in Ukraine and the Republic of Poland

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103677

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

30-09-2021

Specialized Academic Board

К 11.051.12

Vasyl' Stus Donetsk National University

Essay

The dissertation is devoted to the research and reasoning of new theoretical provisions on legal regulation of business activity in Ukraine, taking into account the systematic analysis of regulation experience of specified socio-economic phenomena in the Republic of Poland, as well as the preparation of proposals to improve domestic legislation. The work substantiates the clarification of such entrepreneurship features in Ukraine, which is carried out by an entrepreneur, as «profit» and «systematicity» developed the notion of quasi-entrepreneurship. It is proposed to divide the economic activity of individuals depending on the level of profit into quasi-entrepreneurial and entrepreneurial. The periodization of legal regulation development has been carried out and the legislative basis of business activity in Ukraine and the Republic of Poland has been analyzed. The list of criteria for the division of business entities into: micro, small, medium and large has been supplemented. The improvement of the legal form of a limited liability company in Ukraine has been argued, based on the analysis of the legal regulation of a simple joint stock company in the Republic of Poland. It is proposed to introduce in Ukraine the business activity suspension institution at the initiative of the business entity, with the definition of conditions, procedure and maximum/minimum term of such suspension. The peculiarities of legal regulation of business activity of foreign individuals in Ukraine and the Republic of Poland have been researched. The introduction into the legislation of Ukraine, among other grounds for the termination of business entity activities, a separate ground such as, the termination of a separate division activity (branch or representative office) of a foreign business entity has been argued. The list of entrepreneurship state regulation principles has been expanded. It is proposed to strengthen the institutional support of business entities. The forms of state assistance to entrepreneurs at the stage of starting a business in Ukraine have been improved, and the list of means of state support for business entities in the context of the COVID-19 pandemic has been supplemented. On the basis of the undertaken research, it is proposed to amend the legislation of Ukraine.

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