ADMINISTRATIVE AND LEGAL REGULATION OF SOME SPECIES OF FOREIGN ECONOMIC ACTIVITY TO BE LICENSED

2018 ◽  
Vol 64 (3) ◽  
pp. 114-119
Author(s):  
Anastasiia Filipenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

scholarly journals PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 52-61
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Process Approach ◽  
Property Relations ◽  
Economic Entity ◽  
Specific Category ◽  
Category Property ◽  
Definition Of ◽  
Management Functions

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

scholarly journals Peculiarities of Civil Law Status of Customs Intermediary under the Legislation of Ukraine and the EU

2020 ◽  
pp. 226-233
Author(s):  
Dmytro SHUTIAK
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
National Level ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Party ◽  
Related Services ◽  
Legal Relationship ◽  
Provision Of Services ◽  
The Eu

The article explores the features of civil law regulation of customs mediation under the legislation of Ukraine and the EU. The author identifies the characteristics that distinguish customs mediation from similar institutions in other areas of management. The author substantiates the position that the legal relationship established between customs authorities and participants of foreign economic activity with the participation of a third party is a type of economic binding legal relationship, i.e. the legal relationship for the provision of intermediary services. Within the framework of customs legal relations, contracts of a civil law nature are considered as a specific way of the state's influence on this sphere of public relations. With the participation of customs intermediaries, certain economic and legal relations are established between customs authorities and participants in foreign economic activity. The content of customs intermediary activities should be determined through the provision of services mediated by civil law agreements, representing the interests of foreign economic activity in relations with customs authorities, the provision of customs and related services, the implementation of legally significant actions aimed at customs procedures. The analysis of EU legislation in the study area led the author to conclude that at the EU level not only general qualification requirements for customs intermediaries are set, but also principles, values and rules of conduct that encourage customs intermediaries to achieve high standards of professional ethics and proper implementation their responsibilities. Given the specifics of customs mediation in the EU, the author concludes that at EU level it is impossible to unify the standards of customs services, so to date access to the profession of customs agent in each entity, the Member State is subject to national jurisdiction with its requirements for candidates to the level of their skills and knowledge. The author emphasizes that at the national level it is advisable to integrate certain elements of the legal regulation of customs brokerage to ensure competitiveness, provide quality services and overcome gaps in legislation.

Economic and legal regulation of economic activity in the formation of Industry 4.0

2021 ◽  
pp. 105-110
Author(s):  
Nataliya Vnukova
Keyword(s):  
Economic Activity ◽  
Industry 4.0 ◽  
Business Models ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Body ◽  
National Academy Of Sciences ◽  
Industrial Economics ◽  
New Business ◽  
Develop Technology

Problem setting. The development of the digital economy, taking into account international experience, provides a comprehensive analysis of the regulation of economic activity in relation to the application of Industry 4.0 technologies. Conditions for the development of the digital economy and society provide a thorough analysis of economic and legal regulation of economic activity on the use of innovations in Industry 4.0. Actualization of processes is enhanced by the practical actions of various stakeholders, which emphasizes the need for economic and legal support of this process. Therefore, there is a need to develop recommendations for identifying changes in the economic and legal regulation of the actions of economic entities to develop technologies in Industry 4.0. Analysis of resent researches and publications. OECD conducted a study on the development of digital economy and new business models (2014), Polish scientists R. Pukala, M. Ratajczak, Wozniak Jechorek B. consider the problems of communication in the context of digitalization and startups, recommendations for enterprise development in Industry 4.0 on the basis of their intellectualization provided by researchers of the Institute of Industrial Economics of the National Academy of Sciences of Ukraine N. Bryukhovetskaya and O. Chorna. Plakitkin by Yu. and L. consider programs of Industry 4.0 and digital economy. Target of research. Development of theoretical provisions and practical recommendations for determining changes in the economic and legal regulation of the actions of economic entities to develop technology 4.0 Industry. Article’s main body. The current changes in the regulation of economic activity that occur during the development of Industry 4.0 are considered. An innovative approach to the use of modern search engine Google Trends to determine the interest in the digital economy in the world, the results of a survey to understand the concept of Industry 4.0 and determine the potential level of interest of businesses in Ukraine to invest in the industry 4.0 Conclusions and prospects for the development. To regulate economic activity in the context of the development of Industry 4.0 requires developments in the field of law, the results of the survey indicate the need for further analytical and organizational activities to increase the interest of different categories of businesses in the development of Industry 4.0.

scholarly journals DEVELOPMENT OF LEGAL REGULATION OF USE OF NATURAL RESOURCES IN ECONOMIC ACTIVITY IN UKRAINE

2021 ◽  
pp. 90-99
Author(s):  
А.H. Riabtsova ◽  
Keyword(s):  
Natural Resources ◽  
Middle Ages ◽  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Customary Law ◽  
Soviet Period ◽  
Economic Activities ◽  
Forest Protection ◽  
The Russian Empire

The formation and development of legal regulation of the use of natural resources in economic activity is analyzed. It is established that certain aspects of the legal regulation of the use of some natural resources can be found in Ruska Pravda, which was carried out mainly for tax purposes. The development of legislation on the use of natural resources in the Middle Ages and during the stay of Ukraine as part of the Russian Empire is analyzed. It is established that the use of natural resources on Ukrainian lands during their stay in the Polish-Lithuanian principality was regulated mainly by customary law. Agrarian reform was carried out as a result of the adoption of the act “Ustav na Voloky” (1557). In addition, in 1567 the Forest Charter was adopted, which was one of the first acts in Europe in the field of forest protection and use. It is substantiated that until the twentieth century there was a rather fragmentary regulation of the protection and preservation of natural resources, mainly with a view to protecting the ownership of certain natural objects, especially land. The regulation of the use of natural resources in economic activity in the Soviet period and after the declaration of independence is studied. Among the first acts adopted after the revolution was the “Decree on Land” of November 8, 1917, according to which the land became state property. However, only since the 60 of the last century special laws have been adopted aimed at legal protection of nature. Normative-legal acts of independent Ukraine from the standpoint of regulating the use of natural resources in eco- no mic activity are systematized into three groups: normative acts regulating economic activity in general and certain aspects of natural resources protection; regulations that mainly regulate the protection of natural resources in general and estab lish certain principles of their use in economic activities; regulations governing the protection and use of certain types of natural resources, including in economic activities. In addition, the periodization of the historical development of legislative regulation of the use of natural resources in economic activity is suggested.

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