Koverznev V. Economic and legal support of cooperation in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U000622

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

15-06-2018

Specialized Academic Board

Д 11.170.02

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

Essay

The dissertation is devoted to the substantiation of the integral concept of the formation and development of cooperative law as a sub field of economic law of Ukraine, the development of theoretical positions and conclusions on improving the legal regulation of cooperation taking into account the current conditions of economic development. In this work the general theoretical aspects of cooperation as an economic-legal category are investigated and the peculiarities of legal regulation of cooperative relations within the limits of cooperative law as a sub-branch of economic law are singled out. The sources of cooperative law are generalized and approaches to the harmonization of certain norms of cooperative legislation are substantiated. The content of the mechanism of legal regulation of cooperation in Ukraine is explored and the specifics of the application of norms of cooperative law are revealed. The principles of activity of cooperative organizations of different types are revealed and their specific legal features are highlighted. The economic and legal essence of cooperative principles and cooperative values on which the activity of cooperative organizations of Ukraine is based is disclosed. The procedure of creation and termination of cooperative organizations, types of membership and ways of acquiring and termination of membership in cooperative organizations, the system of governing bodies of cooperative organizations and their competence are considered. The order of creation and use of property funds of cooperative organizations is considered, as well as features of their legal regimes are revealed. The shortcomings of the application of legal norms regulating the economic activity of cooperative organizations are revealed, and possible ways of their solution are proposed. The criteria of delineation of jurisdictions at the decision of economic and administrative courts of disputes with the participation of cooperative organizations are offered. The priority directions of improvement of the current cooperative legislation of Ukraine on the basis of the Commercial Code of Ukraine are proposed.

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