Dzhabrailov R. The Economic Personality of City

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0511U000876

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

31-10-2011

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations that arising up as a result realization by the economic personality of city. Research purpose: ground of theoretical conclusions and positions in relation to the economic personality of city, his legal nature as participant of relations in the field of management and preparation on this basis of suggestions on perfection of economic legislation. Research methods: historical-pravovoy, comparatively-legal, system-structural, analitiko-sinteticheskiy, logical-legal. Theoretical and practical value: consists in expansion of methodological base of economic legal researches, including in going near cognition of essence of the economic personality of city. Can be drawn on results in subsequent researches on forming of modern legal doctrine about economic legal status of city, at the revision of the Economic code of Ukraine and special normative acts on questions of regulation of activity of city, standardization of pravoprimenitel'noy activity of organs of local self-government, and also subjects of management of communal sector of economy. Research results are inculcated in activity: Donetsk regional soviet at preparation of bill "About the purchase of commodities, works and services for state facilities"; Donetsk regional center of retraining and in-plant of workers of public authorities training, organs of local self-government, state enterprises, establishments and organizations at Donetsk regional state administration; Executive committee of Donetsk city advice; Center of the normoproektnogo providing of activity of President of Ukraine of the National institute of strategic researches; Associations of miner's cities of Donbassa; Committee of Verkhovna Rada of Ukraine on questions of economic policy. Scientific novelty: the study defines the relationship between a territorial community of city and city itself as economic law subjects. The concept of city as a participant of relations in the sphere of economic management is formulated, and a legal status of city as an economic law subject is described. It is suggested to recognize the city as a subject of communal property right and to give it the status of a legal entity. Scope and content of economic personality of city are defined and features of its realization as well. Property basis for city's economic management is analyzed. The specific features of the economic use of city's property right to communal objects in the system of local economies are revealed, and corresponding recommendations have been worked out to improve the legislation of Ukraine in this sphere. The arguments are given in favour of the statement that a city as a subject of communal property right can realize economic rights and obligations the volume and content of which are much broader than those defined by the norms on economic competence of local authorities. The proposals are made to distinguish the local economic law as an institute of economic law. The notion "public economic interest" is defined, and its importance for regulating the economic relations with participation of city is described. The ways of improving the economic and legal regulation of city's activities are well-grounded. Sphere of the use: subjects of initiation of bill; public authorities; organs of local self-government; subjects of organizationally-economic plenary powers; higher educational establishments.

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