TO THE QUESTION OF RESPONSIBILITY OF INVESTORS IN PRIVATIZATION OF THE STATE MINE

Apply

TO THE QUESTION OF RESPONSIBILITY OF INVESTORS IN PRIVATIZATION OF THE STATE MINE

Journal Title: Право та інновації - Year 2018, Vol 1, Issue 21

Abstract

Problem setting. To the question of liability investors in privatization of the state property. The scientific article is devoted to the study of specifics of liability of investors at privatization of state property. Privatization of state property is one of the conditions for the transition to a developed market economy, which has a social landmark, the course of which was taken by Ukraine in 1990. In the process of privatization of state property in case of violation of the conditions of investment by buyers and violation of the implementation of investment obligations, the question arises about the liability of the investor. The value of legal liability, including economic and legal, is now significantly increasing in connection with the increasing role of legal remedies for the protection of violated interests. Article's main body. The author established the lack of normative regulation of remedies and liability of investors in this sphere. The researching of judicial practice and scientific works makes it possible to speak about unequal approaches to the question of investor's liability during the privatization process. The judicial practice suggests the application of such types of economic sanctions as fines, and operational - economic sanctions. In order to decide on the application of different types of sanctions, it is necessary to pay attention to what kind of violation of obligations can be applied according to the conditions of the contract. Based on the analysis of judicial practice, it should be noted that in the process of applying penalties, courts must always take into account the fault of the person who violated the obligation Conclusions and prospects for the development. However, practice of courts also applies such sanction as invalidating the contract. The application of such a sanction is controversial, as the legislation provides an exhaustive list of grounds for recognizing a contract of sale invalid. There is a need for legislative clarification, bringing in of the acts containing the provisions on the responsibility of the investor when privatizing the state property. For example, fines in most cases are applied simultaneously with the application of operational - economic sanctions. As conclusion, there is a need for legislative clarification, bringing in of the acts containing the provisions on the responsibility of the investor in privatization of state property, since the unequal application of the rules of the law leads to unequal resolution of similar legal relations, which adversely affects the development and effective functioning of economic relations.

Authors and Affiliations

I. O. Shmilo

Keywords

privatization investor penalties economic responsibility invalidity of the contract

EP ID EP485771
DOI -
Views 102
Downloads 0