| Article | Peculiarities of Conclusion of Economic Agreements Regarding State Property |
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| Authors |
VALENTYN SHCHERBYNA
Doctor of Law, Professor, Full Member (Academician) of the National Academy of Legal Sciences of Ukraine, Honored Lawyer of Ukraine, Professor of the Economic Law Department of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-4221-0965 vsshcherbyna@ukr.net
TETJANA BODNAR
Doctor of Law, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Professor of the Department of Civil Law Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) tvbodnar@ukr.net
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 5 / 2022 |
| Pages | 9 - 20 |
| Annotation | The article considers the procedures for concluding economic agreements on state property. The purpose of the article is to clarify the features of the conclusion of economic contracts, the object of which is state property, to identify common features and differences in the procedures for concluding different types of economic contracts. Based on the results of the analysis of the laws and bylaws adopted in recent years, economic agreements on the alienation of fixed assets, lease of state property, purchase and sale of privatization objects, concession agreement are considered. It is noted that in contrast to the general procedure for concluding commercial contracts established by the Civil Code of Ukraine, taking into account the features provided by the Economic Code of Ukraine, the procedure for concluding certain types of commercial contracts whose object is state property is a special procedure with significant features. due to the public nature of these agreements. Such features include: granting consent (permission, and in cases provided by law – and approval) for the alienation of state property, its lease or concession, privatization; competitive way of concluding business agreements; application of the electronic trading system for conducting electronic auctions and publishing concluded agreements in it. According to the results of the analysis of legislation, the rules of which regulates relations for the alienation of state property (fixed assets), regarding the lease of state property, regarding the privatization of state property and the concession, as one of the forms of public-private partnership, detected contradictions and other disadvantages in some of the subordinate regulations. Legal acts regulating the order of conclusion and determine the content (conditions) of economic contracts, the object of which are state property, as well as their discrepancy in the provisions of the Civil and Economic Codes of Ukraine. Formulated proposals for their elimination by making appropriate changes to the legislation.
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| Keywords | economic agreement; agreement on alienation of fixed assets; lease agreement of state property; agreement of purchase and sale of privatization objects; concession agreement |
| References | Bibliography Edited books 1. Dzerа O, Kuznetsova N, Lucy V (red), Naukovo-praktychnyy komentar Tsyvilnoho kodeksu Ukrayiny, v 2 (6th ed, Jurinkom Inter 2019) (in Ukrainian). Journal articles 2. Bobkova A, Zakharchenko A, ‘Vydy orhanizatsiyno-hospodarskykh vidnosyn’ (2019) 8 Pravo Ukrainy 76–7 (in Ukrainian).
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| Electronic version | Download |