Pavliuchenko Y. Economic and legal support of the agricultural market.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101991

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

28-09-2021

Specialized Academic Board

Д 11.170.02

State Institution "V.K. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine"

Essay

The thesis is devoted to the research of scientific-theoretical, legislative and practical problems of economic and legal support of the agricultural market. The work proves that the agricultural market as a legal category unfolded through the notion of it as a set of social relations regulated by the norms of law concerning the realization of agricultural products; sphere of turnover of agricultural products; mechanism of regulation of the interaction between the subjects of this market. The legislative definition of the concept of the agricultural market has been elaborated. Economic legal relations within the agricultural market have been singled out. The economic and legal mechanism to ensure the agrarian market was analyzed, based on which its definition was formulated and the peculiarities of the content of this mechanism were argued. Based on the idea of the agricultural market as a set of legal relations, the author characterizes the structure of the agricultural market, including the subjects, objects and content of such legal arrangement. Functional groups singled out of agrarian market subjects. Supported the narrow approach to understanding the infrastructure of the agricultural market and disclosed its meaning and composition. The definition suggested; the legal forms of the agricultural market organization elaborated, the dual legal nature of the agricultural exchange, the wholesale market of agricultural products and the agricultural market substantiated. The legal characteristics of contracts, acting as a legal form of realization of agricultural products, have been clarified, classification according to the criteria of the definition of essential conditions even the method of conclusion carried out. The advantages of the sale of agricultural products under the convention of the contract argued plus proposals aimed at improving the legal regulation of relations under this agreement developed. The economic and legal nature of the means of regulation of the agricultural market is substantiated. Presented the theoretical model of economic and legal regulation of the agricultural market, which is based on a combination of state regulation and self-regulation of the agricultural market. The directions of state regulation of the agricultural market concretized. The role of the subjects of market infrastructure in the realization of the model of economic and legal regulation of the agricultural market argued. The economic and legal means of agrarian market regulation were analyzed and elaborated, including the conclusions and suggestions concerning technical, price regulation in the domain of agricultural products realization, information support, state support of the subjects of the agricultural market and control of this market. The article reveals the concept and meaning of economic and legal protection of rights and legitimate interests of subjects of the agricultural market, classifies the grounds for the protection of rights and legitimate interests of subjects of the agricultural market, makes proposals to supplement such basement, aimed at protecting public interests. The analysis and conclusions concerning the application of economic and legal responsibility for violations on the agricultural market made, the peculiarities of this responsibility have been singled out and summarized. The methods of protection of rights and legitimate interests that can be applied in the agricultural market are specified and classified, the forms of rights protection are analyzed. The priority directions of improvement of the legislative basis of the economic and legal support of the agricultural market are generalized and concretized, the suggestions on making alterations in the Commercial Code of Ukraine, the Law of Ukraine "On Wholesale Markets of Agricultural Production" made.

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