scholarly journals Economic and legal methodology of regulation of economic relations: no alternative phenomenon

2021 ◽  
Vol 2 (20) ◽  
pp. 7
Author(s):  
D. V. Zadykhaylo
Keyword(s):  
Economic Policy ◽  
Economic Activity ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Economic Order ◽  
Legal Form ◽  
Economic Relations ◽  
Commercial Code ◽  
Wide Range

The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commercial Code of Ukraine cannot be equated with the abolition of only certain forms of property rights and certain organizational and legal forms of economic organizations. Such an action will lead to the undermining of the entire legal economic order by the universal basic algorithm of which the Commercial Code of Ukraine serves. After all, only it formed the types of economic relations, types of economic activity - commercial and non-commercial management, economic policy and legal principles of its implementation, state regulation of economic activity and a certain classification of its main legal means of influence, the system of economic entities, which provides ample opportunities choose a specific organizational and legal form from a wide range of options, features of the legal status of state and municipal enterprises - the basis of special legal regimes of the state and municipal sectors of the national economy and many other socially significant aspects. Accordingly, the article raises the question of the economic effect of the introduction of the proposed bill, which should be taken into account and proposed for discussion, as its destructive potential is obvious. The article also draws attention to the need for criminological examination of this civil bill, one of the large-scale results of which should be the transfer of ownership from the state and local communities to the ownership of legal entities - companies to the relevant public property

scholarly journals Directions of Social and Economic Policy in the Context of the Development of Non-Standard Forms of Employment in the Russian Federation

2020 ◽  
Vol 16 (1) ◽  
pp. 21-32
Author(s):  
Vyacheslav N. Bobkov ◽  
Natalia V. Loktyukhina
Keyword(s):  
Economic Policy ◽  
Labour Market ◽  
Information And Communication Technologies ◽  
Consumer Preferences ◽  
Labour Productivity ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Informal Employment ◽  
Precarious Work

The Object of the Study. Informal employment in Russia, factors affecting the development of informal employment. The Subject of the Study. Socio-economic policy in connection with the development of non-standard forms of employment in Russia. The Purpose of the Study. Developing of proposals for the transformation of socioeconomic policy in the context of the development of non-standard forms of employment in Russia. The Main Provisions of the Article. The main factors influencing the development of non-standard forms of employment are: the development of information and communication technologies and robotics, changing consumer preferences, demographic factors, changing the quality of the workforce, institutional factors, globalization. The proposals on the directions of socioeconomic policy, necessary for a positive impact on the situation with the state and development of precarious work in Russia are substantiated. The objective of such a policy in terms of precarious work is to reduce (reduce to “no”) its risks, expand positive opportunities for the parties to labour relations and society as a whole in the context of the development of the ICT and robotization. Measures are proposed in the field of the “lifelong learning” program, state regulation of the labour market (including in terms of improving the activities of state and non-state employment services, unemployment benefits, electronic personnel management), the development of a social partnership system (primarily in terms of improving activities of trade unions), the development of external institutions affecting the labour market and employment (Tax policy, Informing on the state of legal regulation labor relations). It is advisable to update the National Project “Labour Productivity and Employment Support”, providing for the whole range of issues of promoting productive employment, due to the development of its non-standard precarized forms.

Foreign trade activity (features of doctrinal and legal support)

2020 ◽  
pp. 67-72
Author(s):  
Ye Bilousov
Keyword(s):  
Economic Policy ◽  
Foreign Trade ◽  
Trade Policy ◽  
Legal Regulation ◽  
The State ◽  
Foreign Trade Policy ◽  
Foreign Economic Policy ◽  
Foreign Markets ◽  
Economic Relations ◽  
The World

Problem setting. The article is devoted to the study of the peculiarities of the legal regulation of foreign trade interms of doctrinal and legislative approaches. The author analyzes the basic concepts of foreign trade policy, identifies itsmain components, as well as describes the tools for regulating foreign trade, including customs tariffs. Analysis of recent research and publications. Both domestic and foreign representatives of legal and economicsciences, such as Bachylo I., Zadykhailo D., Kleshchova S., Karvatska N., Sarkisyan L., Stavytsky L. and others, devotedtheir works to the study of the legal regulation of foreign trade. Article’s main body. Presenting main material. CTD is carried out, as a rule, at the level of enterprises (sometimesthey are natural persons-entrepreneurs). The initial principle of the CTD is a commercial calculation based on economicand financial independence and self-payment. CTD – the sphere of entrepreneurship in the system of international exchangeof goods, services, works, information and results of intellectual activity, related to the preparation and implementationof foreign trade operations and agreements. Cross-border trade and free economic zones are considered as special regimesof the CTD. Each country of the world in the framework of participation in foreign economic relations (both directly and throughnational entities of the CTD) pursues foreign economic policy, including in the field of foreign trade. The foreign economicpolicy of the state is the activity of the state aimed at the development and regulation of economic relations with othercountries. The implementation of foreign economic policy involves defining the strategic goals of the state in foreigneconomic relations in general and with individual countries and groups of countries, as well as developing methods andtools to achieve the goals and preserve the results achieved later. Foreign economic policy is aimed at the whole set offoreign economic activity, the hallmark of which is the international purchase and sale of goods and services, as well asthe international movement of material, monetary, labor and intellectual resources. Foreign economic policy is inextricablylinked with the domestic economic policy of the state. Therefore, its content is due to the tasks of expanded reproduction,which the country solves within its national economy. It can be argued that the main task of the foreign economic policyof the state is to create favorable external economic conditions for expanded reproduction within the country. Within theframework of the general foreign economic policy the state carries out: a) foreign trade policy – is the state regulation of export and import operations; b) export promotion policy – a policy aimed at selling in foreign markets goods for which the country has economicadvantages, stimulating the competitiveness of domestic enterprises with foreign ones, increasing the serial productionof competitive products in order to expand its exports (to foreign markets); c) the policy of regulating the import and export of capital. A characteristic feature of capital movements at the presentstage is the inclusion of an increasing number of countries in the process of export and import of capital. At the same time,most countries of the world market economy simultaneously act as exporters and importers of investments. The influenceof developed countries on the movement of capital is carried out, for example, by stimulating the export-import of capitalat the national and interstate levels; d) monetary policy – aims to maintain economic stability and create a solid foundation for the development ofinternational economic relations by influencing the exchange rate and currency exchange operations; e) customs policy is a set of measures taken to ensure the most effective use of instruments of customs control andregulation of trade in the customs territory, participation in trade and policy tasks to protect the domestic market, stimulatethe national economy; f) free trade policy – a policy of minimal government intervention in foreign trade, which develops on the basis offree market forces of supply and demand. Conclusions and prospects for the development. The formation and implementation of state policy in the studyarea involves the possibility and necessity (not absolute) of state intervention in economic processes in order to create aneffective and efficient system of foreign trade. Fulfillment of this task is possible only under the condition of strategicplanning and conceptualization of the principles of state-administrative influence, which, in fact, is the content and essenceof state economic policy in general and state policy in the field of foreign economic activity in particular. Understanding this issue and further resolving these pressing issues at the doctrinal (hereinafter – legislative) levelswill allow the state to be an active participant in foreign trade relations, and thus – to provide national participants in theserelations with potential markets for goods, works and services, to compete effectively in these foreign markets.

scholarly journals A TOOL OF STATE REGULATION OF ECONOMY OF UKRAINE IN CHALLENGING TIMES

2021 ◽  
Author(s):  
Ivan Mihasiuk ◽  
◽  
Bohdanna Kosovych ◽  
Keyword(s):  
Economic Policy ◽  
Economic Development ◽  
Economic Activity ◽  
Transition Period ◽  
State Regulation ◽  
The State ◽  
Industrial Complex ◽  
Domestic Economy ◽  
Business Climate ◽  
Positive Role

The article investigates the possibilities of using the means of state regulation of the economy in modern Ukraine in the conditions of crisis phenomena and challenges. Among the most negative threats to the domestic economy are military aggression by Russia, the prevailing depressive business climate in the society, high levels of shadowing and corrupt schemes in economic activity, critical external debt, excessive scale and rate of loss of human capital, inconsistency of public administration and society's expectations, and in addition, the global pandemic COVID-19. The need to strengthen state influence on the domestic economy up to the use of certain elements of economic dictatorship has been clarified. The necessity of an economic dictatorship in Ukraine, i.e. the imposition of a state of economic emergency, is caused by a too long and devastating crisis that covers all spheres of society – economic, social and political and can lead to social upheaval. In the transition period, it would allow in a relatively short time to improve the structure of national production, which would contribute to its competitiveness, economic growth. After all, economic methods of state regulation and the use of market mechanisms aimed at changing the structure of production will give results only after a long period and will be accompanied by further growth of unemployment and declining economic indicators. The main tools of state influence on economic processes have been identified, namely: development of anti-crisis measures; strengthening the country's defense capabilities through the development of the military-industrial complex; forecasting and planning of economic development; control and influence on financial markets; fight against shadowing, corruption, negatives of oligarchization; control over foreign economic activity; guaranteeing the interests of external and internal investors; investing in the economy; development of various forms of public-private partnership; promoting the economic development of the regions of Ukraine. Emphasis has been placed on the positive role of centralized state regulation of the Ukrainian economy in the face of threats and challenges for the formation of civilized market relations. Tight economic policy of the state will allow directing the activities of all business structures in the legal field in order to form a real market. Only the state is able to unite the efforts of all branches of the state governance in order to develop and implement a new economic policy aimed at forming a market economy in the interests of society as a whole.

Legal Solutions in the Economic Sphere

10.12737/1818 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 78-87
Author(s):  
Оганес Акопян ◽  
Oganes Akopyan
Keyword(s):  
Economic Policy ◽  
Economic Efficiency ◽  
Legal Regulation ◽  
The State ◽  
Legal Decisions ◽  
Economic Relations ◽  
Legal Risks ◽  
Economic Sphere

In this article the author researches a measure of regulation of the economic relations, legal risks, limits of legal regulation in economic sphere, indicators of economic efficiency and expediency of their legal regulation. It is offered to understand as legal decisions use of legal tools for realization of the purposes of economic policy of the state.

scholarly journals INSTITUTIONAL ASPECTS OF PROPERTY RELATIONS ON NATURAL RECREATIONAL AND TOURIST RESOURCES OF COASTAL AREAS

2018 ◽  
Vol 20 (1(66)) ◽  
pp. 120-127
Author(s):  
A.I MARTIENKO ◽  
H.O TIUTIUNNYK
Keyword(s):  
Property Rights ◽  
Economic Activity ◽  
Economic Effect ◽  
Coastal Areas ◽  
State Regulation ◽  
The State ◽  
Economic Relations ◽  
Property Relations ◽  
Institutional Aspects ◽  
State And Local

Topicality . On the territory of Ukraine in the coastal areas various spheres and types of economic activity are developing, representing a complex of seafarers, and polyfunctional natural resources of these territories are not always used rationally in the directions of activity; their recreational value and uniqueness are not taken into account; their socioeconomic and ecological damage, in fact, property rights are violated. Natural coastal areas resources are used by subjects of economic activity of various forms and ownership rights to man-made production factors. Lack of economic substantiation of the property rights specification, their blurriness, lead to a conflict of interests of various users with natural recreational resources and the need to transform the state regulation processes in this area. Aim and tasks. The purpose of the article is the substantiation of requirements in the transformation processes concerning the regulation of property relations on the natural recreational and tourist resources of the coastal areas as a basis for rational and environmentally safe use of them. Research results. The article deals with the institutional aspects of the state regulation development in the field of property relations on recreational and tourist resources. The imperfection of the regulatory and legislative framework concerning the legal status and economic relations with regard to the ownership of beach areas located in coastal zones. The coastal beach areas of southern Ukraine are highlighted and described. The necessity of transformation of institutes and institutions of property management on natural recreational and tourist resources at the state and regional levels is substantiated. The lease relations regarding the use of beach areas are described. The institutional directions of property relations improvement on the natural recreational and tourist resources of the coastal areas are substantiated. Conclusions. There are many potential recreational beach areas in our country, which can be mastered and used with the maximum social, ecological and economic effect, but the lack of state and local budget funds causes the need for the tenants to use beach resources, with the obligatory carrying out of protective, restorative and other measures for the arrangement of the territories. The process of state regulation of economic relations of recreational coastal resources ownership is not sufficiently effective as a result of the imperfection of the existing legislative and regulatory framework, the mechanisms of control by the state on the state of resources. Therefore, it is necessary to improve the institutional mechanisms of development of property relations on the recreational and tourist resources of the coastal areas.

Historical and legal aspect of the formation and development of positive law

2020 ◽  
pp. 56-61
Author(s):  
Roman Lutskyi
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Legal Regulation ◽  
The State ◽  
Customary Law ◽  
Social Regulation ◽  
Public Authorities ◽  
Economic Relations ◽  
Positive Law ◽  
Wide Range

Description: The article is aimed to attract the attention of not only theorists, but also historians of the study of law to the fact that the latter began its evolution from «custom». It is the latter that is based on worldview recognition and submission. It was closer to justice, and therefore met the ideas of the ideal of the law as the supreme good; it provides peace, order and mutual understanding. Methodology: The research methodology is based on the principles of historicism, systemicity, scientific character, interdisciplinarity. The following methods were used: historiographic analysis, historical and genetic, terminological analysis, comparative, typological. Based on a wide range of published and substantiated studies in the field of principles of the formation of law, the authors systematized and scientifically proved the formula of causal relationships, which ultimately made a decisive influence on the development of positive law. Results: According to the authors, the current legislation, as well as the formation of the state, has passed a significant historical path of its formation and development from the primitive custom to the positive law sanctioned by the state. Moreover, in the early states, custom prevailed even with persistent and constantly strengthened attempts by public authorities to influence the legal status of society and dominate it through the judicial and administrative apparatus. This, in turn, ensured a gradual combination of various forms of legal regulation originating from society and the state. The very origins and foundations of the current legislation can be found even in the social regulation of primitive society, which was carried out with the help of customs, taboos, morality, and the like. Moreover, the basic principles of customary law as the first form of positive law were mythological and religious principles, which were also developed and supplemented in the further development of its forms. The sources of the current legislation which reflect the historical beginning of its gradual formation and development are different in certain spatial and social dimensions. As for the current legislation, it arose in the context of the gradual and prolonged formation of a socially heterogeneous society, as well as the development of social and economic relations. At the same time, the theoretical and historical conditions for the emergence of officially established modern legislation are formed through the list of social interests of strata close to the state apparatus. These circumstances made it possible to make managerial decisions that would better protect their property rights and opportunities, and helped them in the institute of positive law, which was generally binding for the whole society.

scholarly journals Socio-economic human rights in Soviet and Post-Soviet Russia: the experience of a comparative study

2021 ◽  
Vol 2021 (2) ◽  
pp. 21-26
Author(s):  
Pavel Astafichev
Keyword(s):  
Economic Activity ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Soviet Society ◽  
Russian Society ◽  
Economic Rights ◽  
Economic Point ◽  
Economic Relations

The article is devoted to the study of a number of problems associated with the development of the institution of socio-economic rights and freedoms of man and citizen in the history of the national state and law. The author substantiates the point of view that, despite the denial of private property and the state-corporate form of economic activity, in the second half of the 20th century Soviet society acquired a decent look from a socio-economic point of view, which was facilitated by the state-legal regulation of socio-economic relations developed on the basis of the Soviet paradigm of state and law. However, the further development of socio-economic conditions with increasing activity led to the modernization of the concept of socio-economic rights and freedoms of Soviet citizens. Ultimately, the modern Russian society cannot support the outdated political concept of property equality, the denial of private ownership of the means of production and the supremacy of state-corporate forms of economic activity.

scholarly journals Public administration and state regulation of economic activity in Ukraine: problems of legal regulation

2020 ◽  
pp. 86-96
Author(s):  
Roman Boychuk
Keyword(s):  
Public Administration ◽  
Economic Activity ◽  
Legal Regulation ◽  
Civil Code ◽  
State Regulation ◽  
Political Activity ◽  
The Political ◽  
Public Authorities ◽  
Economic Relations ◽  
The Subject

Problem setting. The article deals with the problematic issues of legal regulation of economic activity in Ukraine. At the same time, attention is focused on the need to distinguish between such categories as “public administration” and “state regulation”. Analysis of recent researches and publications. In the doctrine of economic law the problems of determining the subject of economic and legal regulation, the legal status of participants in economic relations, the essence of organizational and economic relations have attracted attention, including at the level of individual monographs, such scientists as V. K. Mamutov, I. Yu. Krasko, I. A. Tanchuk, D. V. Zadykhailo, V. A. Ustimenko; V. B. Laptev, S. I. Bevz, O. M. Vinnyk, O. Yu. Illarionov, V. Nagrebelny, V.S Shcherbina, O. P. Vikhrov and others. However, even today the question of the sphere of relations that are the subject of economic and legal regulation, the relationship between the concepts of “economic management (economic activity)”, “organizational and economic relations” and “state regulation of economic activity”, and the understanding of individual researchers of organizational and economic relations that arise in the process of implementation of public administration and regulation of economic activity, as one of the types of economic relations, are insufficiently substantiated. Formulation of goals (purpose) of the article. The author of this article aims to determine: the scope of economic and legal regulation of public relations; relations that are covered by the concept of “organizational and economic relations” and are subject to regulation of commercial law; to differentiate “organizational and economic relations” arising from the management and regulation of economic activity. Article’s main body. It is noted that the subject of regulation of the Civil Code of Ukraine includes two groups of economic relations: (a) economic relations that arise in the process of organizing economic activity; (b) economic relations arising in the course of economic activity. Legal definition of organizational and economic relations (Part 6 of Article 3 of the Civil Code of Ukraine) is based on the categories of “organization” and “management” of economic activity. However, none of these concepts is defined by a codified act. It is established that public administration should be understood, first of all, as the activity of public authorities on the practical implementation of the political course. These activities should be based on appropriate procedures that should ensure its legitimacy and protect the legitimate rights of citizens from illegal actions by public authorities and their officials. In essence, public administration is derived, on the one hand, from political activity, on the other – from the political course and traditionally these activities. Conclusions. It is emphasized that the management of economic (commercial) activities includes forecasting, planning, financing, budgeting, taxation, lending, administration, accounting and control. The purpose of state regulation is to streamline the activities of business entities, provide economic processes with an organized nature, ensure compliance with laws, balance private and public interests, ensure public and state interests.

scholarly journals Government Regulation of Foreign Economic Activity in Russia: Legal and Economic Aspects

2020 ◽  
Vol 10 ◽  
pp. 180-186
Author(s):  
Z.K. Radzhabova ◽  
◽  
O.R. Radzhabov ◽  
M.M. Osmanov ◽  
T.G. Aygumov ◽  
...  
Keyword(s):  
Economic Policy ◽  
National Economy ◽  
Economic Activity ◽  
Government Regulation ◽  
The State ◽  
Economic Equilibrium ◽  
Economic Aspects ◽  
Economic Relations ◽  
Consulting Services ◽  
Economic Balance

The paper assesses the fact that in the current conditions of globalization, any national economy is becoming more open, and therefore the state should take into account in its trade and economic policy the consistent relationship between the processes occurring within the economy and in the sphere of foreign economic relations. The state also acts as the organizer of the system of servicing foreign economic relations and achieving internal economic equilibrium, and finances this activity from budgetary funds. This system is branched in its nature, covering such areas of activity as the provision of information and consulting services, and organization of advertising and exhibition work; it also helps to increase the efficiency of foreign economic activity, introducing new participants to it. The authors conclude that in order to maintain domestic economic balance, the state should strengthen its influence on imports in order to maintain domestic producers and without depriving them of competition from foreign goods at the same time.

scholarly journals DEFINITION AND SYSTEM OF PRINCIPLES OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE IN THE SPHERE OF ECONOMIC ACTIVITY

2019 ◽  
Author(s):  
S. I. Bevz
Keyword(s):  
Economic Policy ◽  
Information Security ◽  
Economic Activity ◽  
Regulatory Policy ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
State Governance ◽  
Administrative Regulation ◽  
Economic Function

This article is deals with analyze of definitions of principles, principles of law and approaches to understanding the principles of administrative law. It is emphasized that the principles of administrative law must be primary, determining; actions of participants of administrative and legal relations should be consistent with the principles of administrative law; all elements of the mechanism of administrative and legal regulation of state governance in the sphere of economic activity should function based on the principles of administrative law. Distinguish between principals of administrative law and state governance is drawn. At the same time, the principles of state governance also determine the appropriate administrative and legal regulation. It is noted that the system of principles includes the principles that are the basis for the construction of administrative regulation, its modernization and the principles of the object of such regulation, which should be ensured through administrative regulation. The latter include the principles of state governance. It is concluded that, administrative and legal regulation in the sphere of economic activity provides for taking into account also the principles of next directions: principles of economic policy; principles of state regulatory policy; principles of information security. It is explained that state governance in the relevant sphere is aimed at realization of economic function, economic policy of the state; state regulatory policy in the sphere of economic activity; provision of information security in the sphere of economic activity. These principles affect the content of administrative and legal regulation in a particular sphere, but they must be understood and interpreted through the prism of administrative law principles that are fundamental to administrative law. The article states that the creation of conditions for the fulfillment of tasks defined by the Constitution of Ukraine, which is a direction of administrative and legal regulation, which permeates all other directions, should be based on the principles of administrative law. It is proposed to highlight the basic and special principles of administrative and legal regulation of state governance in the sphere of economic activity.

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