Apanasenko K. Permissive legal relations in a sphere of an economic work: problems of theory and practice.

The thesis is devoted to a substantiation of a conception of permissive legal relations in a sphere of an economic work as a kind of organizational economic legal relations and development of science-based propositions for an improvement of legal regulation of permissive relations. Theoretical preconditions of the formation and a history of the development of a legislation about permissive relations in a sphere of an economic work were investigated. Theoretical and practical aspects of using of such instrument of the state regulation of the economic work as giving and cancellation (abolition, suspension or extension of an effect) of permits were analyzed. Autonomy of permissive legal relations in a sphere of an economic work among other organizational economic legal relations was substantiated. Peculiarities and elements of structure of permissive relations in a sphere of an economic work were investigated. The legal nature of rights providing by permissive documents is indentified, these rights are classified. Theoretical and applied aspects of their objectability and tradability were investigated. The system of sources of legal regulation of permissive relations in a sphere of an economic work, a practice of an application of norms of permissive legislation in a sphere of an economic work and an appropriate practice of European Court of Human Rights were analyzed. The actual legal regulation of permissive relations in some fields of the state economic regulatory are investigated. There are such fields as the state custom politics and foreign economic activity, ecology and town planning, defense of cultural and archeological heritage, financial markets. The legislative propositions for the improvement of permissive legislation in a sphere of an economic work were scientifically substantiated.