Article | Co-Operative Identity under the Ukrainian Legislation in the Context of Cooperative Principles |
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Authors |
VALERIIA RADZIVILIUK
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2018 |
Pages | 43 - 56 |
Annotation | Efficient functioning of cooperative forms of economic activity in Ukraine is primarily a question of establishing a productive strategy for the development of national cooperation which should be based on a positive historical, international and foreign experience of legal regulation thereof and on the provisions worked out by the dogma of law. The cooperative dogma rests on cooperative principles. The extent to which the principles of international cooperation have been correctly manifested in national legislation determines the scope with which our legislation embodies the main requirements to the harmonious combination of individual, group and public interests and to the reservation of cooperative identity. The purpose of the article is to analyze the basic principles underlying the operation of cooperatives in Ukraine and the principles of cooperation contained in international legislation, and to investigate whether the provisions of national legislation comply with international guidelines, and also to present the author’s own vision regarding the targeted areas for improvement of cooperative legislation in the said aspect, with a view to facilitating the overcoming of challenging points existing in national cooperative legislation and the implementation of its provisions in practice. The author identifies the connection between the fundamental concept of cooperation and the immanent features of organization of cooperatives with the cornerstone cooperative principles. Although the development of national cooperation is a topical issue for society and economy of Ukraine, the issues of re-establishing of international cooperative principles in national legislation and practical application thereof in the national theory of cooperative law still get inadequate attention. That is why these issues require further research. The article shows that Ukraine’s well-developed cooperative legislation evidences the demand for the cooperative form of economic activity; however, it is very imperfect which is primarily explained by the lack of consolidation of international cooperative principles in it and by the specifics of compliance therewith in practice. The author comes to the conclusion that the economic model and legal arrangement of cooperatives is based on the most specific form of economic activity which, to be recognized as such, should be consistent with international cooperative principles and have them as the core of its activity arrangement. Ukraine’s experience in this aspect is colored rather negatively, and this ensues from the disregard for some of these principles or from their distortion. Therefore, it is important that our country return to the world legal traditions developed by the cooperative theory and comply with the universal provisions of international cooperative legislation by entrenching them at the level of national legislation.
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Keywords | principles of international cooperation; national cooperation principles; cooperatives; legislation on cooperation |
References |
List of legal documents
Legislation
4. Pro spozhyvchu kooperatsiiu [On Consumer Co-operation]: Zakon Ukrainy [the Law of Ukraine] vid 10 kvitnia 1992 r. № 2265-XII. URL: http://zakon3.rada.gov.ua/laws/ show/2265-12 (accessed: 20.04.2018) (in Ukrainian).
Bibliography
Authored books
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