| Article | The Right to Economic Management and the Right to Operational Control: the Concept, Essence and Application Scope in Ukraine |
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| Authors | VALENTYN SHCHERBYNA |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2018 |
| Pages | 13 - 30 |
| Annotation | The article investigates the limited real rights which are derivative from the property right: the right to economic management and the right to operational control. The purpose of the article is to demonstrate the concept, essence and application scope of the right to economic management and the right to operational control in Ukraine. The author shows the history of the onset and establishment of the said real rights in the Soviet civil legislation and the post-Soviet economic legislation. Based on the provisions of the current Economic Code of Ukraine, the article elucidates the differences between the right to economic management and the right to operational control, as well as the powers of participants to economic relations with regard to ownership, use and disposal of the State-owned property assigned to them. The author notes that, although the civil legislation does not contain any provisions which would explain the essence of the right to economic management and the right to operational control, these rights are widely used not only in the Civil Code of Ukraine, but also in other laws determining the legal status of state and municipal institutions and organizations as legal entities under public law. At the same time, a number of statutory instruments which provisions are referred to in the article evidence that currently there are no uniform approaches to defining the cases and the range of subjects to which property may be assigned by virtue of the right to economic management or the right to operational control, and this entails the possibility of arbitrary interpretation of some provisions of the current legislation and the possibility of speculations with regard to the Civil Code of Ukraine. In this connection, the author criticizes the position of some Ukrainian scholars and practitioners regarding possible liability of legal entities established by the State for the obligations of the State, namely by enforced collection at the expense of the state property assigned to such legal entities. The article gives a number of proposals to the Civil Code of Ukraine and the Economic Code of Ukraine aimed at improving the legal regulation of the right to economic management, the right to operational control and the right to operational use of property. The author believes that implementation of the proposed amendments to the legislation will enable the streamlining of such real rights as the right to economic management, the right to operational control and the right to operational use of property. KEYWORDS: the right to economic management; the right to operational control; the right to operational use of property.
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| Keywords | the right to economic management; the right to operational control; the right to operational use of property |
| References |
List of legal documents
Legislation
17. Tsyvilnyi kodeks Ukrainy [The Civil Code of Ukraine]: Zakon Ukrainy [the Law of Ukraine] vid 16 sichnia 2003 r. № 435-IV. URL: http://zakon.rada.gov.ua/laws/ show/435-15 (accessed: 15.05.2018) (in Ukrainian). Bibliography
Authored books
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