Evaluation Sanctions as Measures Economic and Legal Responsibility

Economic and legal responsibility in form of the negative consequences of evaluation sanctions in a legislation is not well-regulated and in the theory of economic right developed not enough. Research of this responsibility comes forward as one of important scientifi c and practical tasks. Evaluation sanctions in different years probed such lawyers-research workers, as V. K. Mamutov, V. S. Martem’yanov, G. V. Pronska, O. M. Vinnik, D. Kh. Lipnickiy, G. D. Bolotova et al. However in a modern economic and legal theory the evaluation sanctions spared the proper attention. From here the purpose of this article are defi nition of concept of the evaluation sanctions, determination of spheres of their application in the modern market conditions
of menage, grounding of suggestions in relation to fi xing of these sanctions in a current economic legislation. In the article, understanding of evaluation sanctions is analysed in the economic and legal theory pre-market period and the formation of the market. Taking into account the modern terms of menage a conclusion is argued, that evaluation sanctions show by itself the measures of infl uence (measures of responsibility) on a subject of menage which are used after separate or general results him economic activity in connection with the estimation of these results by this subject, and also him higher or by other authorized organ at working out the totals of work of such subject. Responsibility in form the negative consequences of application of evaluation sanctions comes forward as responsibility for the grand unsatisfactory totals of work of subject of menage in the proper period. More frequent all it can have expression in the forms of decline of norms of forming of encouraging funds (fund to the growth of production, fund of consumption and other analogical funds) which in obedience to a legislation are necessarily created in state enterprises, decline of absolute sizes of the indicated funds, and also in other similar forms. In addition based on the expressed understanding of evaluation sanctions one of types of their application there is confession of subject of menage a bankrupt, which is also carried out the authorized public organ – economic court as a result of estimation of grand totals of economic activity of such subject on the set procedure. Such point of view presently got an additional argumentation in scientifi c literature and in judicial practice. Consequently, evaluation sanctions are really utilized in practice of economic activity, above all things that which is based on a public property – activity of state and communal enterprises, them structural subdivisions. In the most considerable part this type of responsibility found the legislative fi xing as confession of subject of menage a bankrupt. Because of it the noted responsibility needs the detailed scientifi c research and adequate fi xing in an economic legislation, in particular in the Economic code of Ukraine. In the article it is suggested to bring in the proper changes in part 2 аrt. 217 the indicated Code and to complement his chapter 261 «Evaluation sanctions», maintenance of which is formulated. Economic and legal responsibility in form the negative consequences of application of evaluation sanctions needs the subsequent detailed research both in general theoretic and in the applied meanings.