“Legal
regulation of economic activity”
– discipline of bachelor level for students of economics at Kyiv National
Economic University.
Program coordinator
Volodymyr Machuskyy.
We invite
you to take part in the discussion of the discipline’s content (themes).
Comments, suggestions or cooperation are welcome at: volodymyr.machuskyy@kneu.edu.ua
The themes of "Legal
regulation of economic activity":
Theme 1. Basic and legal fundamentals of economic activity.
The understanding
of economic activity. Economic activity and economic relationship.
The types
of economic activity. The entrepreneurship and non-profit economic activity. General
principles of business activity. Parties to economic activity. Economic
activity and economic relationship.
Constitutional
fundamentals of legal order in the sphere of economic activity. Normative and
legal regulation of economic activity.
General
Guarantees of Entrepreneurs Rights. Liability
of Subjects of Entrepreneurship.
Activity of Foreign Entrepreneurs in Ukraine.
Theme 2. Business entity.
Notion of
business entity. Types of business entity. Individual as
a business entity. Legal entities, established pursuant to the Civil Code
of Ukraine. State, municipal and other enterprises, set up in accordance with
the Economic Code of Ukraine.
Notion of Legal Entity. Types of Legal Entities. Name of Legal Entity.
Legal Capacity of Legal Entity. Legal Capability of Legal Entity. Branches and
Representations of Legal Entity. Liability of Legal Entities. Creation of a
Legal Entity. Requirements to the Contents of Constituent Documents.
Liquidation of Legal Entity.
Enterprise as an Organizational Form of Economic Activity. Types
and Organizational Forms of Enterprises. Enterprise Association. The Notion of a Business Partnership. Types of
Business Partnerships. Procedures for Establishing of Business Partnerships. Legal
status of Joint-Stock Companies. Legal status of Limited Liability
companies.
Credit Unions in Economic Activity. Charitable and Other Non-Profit
Organizations in Economic Activity.
Theme 3. State regulation of economic activity.
State
regulatory policy in the sphere of economic activity. The legal status of the
State Regulatory Service of Ukraine. Permit system in economic activity.
The order
of state registration of business entities. The state registrar. Requirements
for documents that are submitted to the state registrar. Unified State Register
of Legal Entities and individuals - entrepreneurs. Provision of information
from the Unified State Register.
Licensing
of economic activity. Economic activities subject to licensing. Documents that
are submitted to the licensing authority for a license. The procedure for
obtaining a license.
Concept and
types of trade patents. Documents required for trade patent. The procedure for
obtaining trade patent.
Limitation
of monopoly and protection of business entities from unfair competition.
Control
over economic activity. Bodies authorized to carry out state supervision
(control) in the sphere of economic activity. Economic activities which are
subject to state supervision (control). Powers of state supervision (control)
to stop production (manufacturing) or the sale of products, works and services.
Theme 4. Property basis of economic activity.
Legal
Treatment of Business Entities’ Property. Ownership Right as the Main Property
Right in the Sphere of Economic Activity. Content of the Ownership Right. Implementation
of the Ownership Right. Inviolability of the Ownership Right.
Ownership
Right of Ukrainian People. Right of Private Property. Right of the State
Property. Right of the Municipal Property. Notion and Types of Joint
Ownership
Right. Property in the Sphere of Economic Activity. Sources of Forming Property
of Business Entities. Securities in the Composition of the Property of Business
Entities. Notion of Intellectual
Property Right. Objects of Intellectual Property Right. Intellectual Property
Right to commercial name. Intellectual
Property Right to a trademark. Corporate rights.
Organizational
and Constituent Powers of the Owner. The Right of Economic Supervision. The
Right of Operational Management.
Acquisition
and Termination of the Ownership Right. Acquisitive Prescription. Proprietary
Rights in Other’s Property.
Protection
of Property Rights.
Theme 5. Agreements in the area
of economic activities.
Notion and Types of Transactions. General Requirements Necessary for
Validation of a Transaction. Form of Transaction. Requirements to Written Form
of Transaction.
The Notion and Types of Agreement. Content of Agreement. Conclusion, Amendment and Cancellation of the Agreement. Grounds to Amend or Cancel
the Agreement. Legal Consequences of Amendment or Cancellation of the Agreement. General Procedure for
Entering into Business Agreements. Material Terms of Business Agreements
Specifics of Entry into Preliminary Agreements. Public Agreement. The Agreement of Adhesion. Sales Contract. Lease Agreement. Lending Agreement. Contractor’s Agreement. Service Agreement Transportation
Agreement. Insurance
Agreement. Agency Agreement. Loan Agreement. Credit Agreement. Bank Deposit Agreement. Foreign trade agreements.
Theme 6. Obligations in the area
of economic activities.
Notion of
Obligation. Parties in
Obligation. Grounds for emergence of Obligation. Types of Obligation. Interrelationship between economic and civil obligations.
Replacement of a Creditir in Obligation. Replacement of a Debtor in Obligation.
Obligation
Fulfillment. Term
(Period) of Obligation Fulfillment. Place for Obligation Fulfillment.
Types
of Security for the Obligation Fulfillment. Forfeit. Bailment. Guarantee. Deposit. Pledge. Retention.
Termination
of Obligation.
Theme 7. Responsibility for violations in the area of economic
activities.
Economic
and Legal Responsibility of the Participants of Economic Relations. Grounds for
Economic and Legal Responsibility.
Economic
Sanctions as a Legal Responsibility Tool in the Area of Economic Activities. Types
of Economic Sanctions.
Compensation
of Losses. Composition
and Amount of Compensation. Conditions
and Procedures for the Compensation of Losses.
Penalties
and Penalty Rate. Procedures
for Application of Penalties.
Operational
Economic Sanctions. Types of
Operational Economic Sanctions.
Administrative
Economic Sanctions. Types of
Administrative Economic Sanctions. Indemnification for Moral Damage.
Theme 8. Recognizing
Business Entities Bankrupt.
Insolvency of a Business Entity. Notion of Bankruptcy. Participants in bankruptcy cases. Subject to bankruptcy. Creditors of Insolvent Debtors. Bankruptcy commissioner.
Actions to Prevent Bankruptcy of Business Entities. Bankruptcy
procedure. An application to the court for
bankruptcy proceedings. Recall of a Debtor. Consideration of the Creditors’ claims against the Debtor. Security of Creditors' claims.
Procedures Applied to Insolvent Debtors. Disposal of the debtor's property. Amicable agreement. Reorganization (restoration of solvency) of a debtor. Property Assets of an Insolvent Debtor.
Liquidation
of a bankrupt.
Theme 9. Legal
regulation of levying taxes and fees.
The basic
principles of the tax legislation of Ukraine. The concept of taxes and fees.
Object of taxation. The tax base. General principles for setting taxes and fees.
National taxes and fees. Local taxes and fees. Elimination of double taxation.
Taxpayers. Responsibilities of the taxpayer. Rights of the taxpayer. Order of
payment of taxes and fees. Tax benefits. Tax agents. Rights regulatory
authorities.
Theme 10. Protection of the rights of the Business entities.
The concept of justice. The right to appeal to the court for protection.
Methods of protection applied by the court. Competitiveness of the parties. The
automated system of document circulation in court. The right to appeal to the
court. Cases under the jurisdiction of the court. Litigants. The rights and
obligations of the parties. Term resolution of the dispute. Judicial decisions.
Executive proceedings. Sides of executive
proceedings. The duration of the executive
proceedings.
No comments:
Post a Comment