scholarly journals LEGAL REGULATION OF FOREIGN ECONOMIC ACTIVITY OF ECONOMIC ENTITIES IN THE FIELD OF GRAIN GROWING IN UKRAINE: THEORETICAL AND LEGAL ASPECTS

2021 ◽  
Vol 77 (4) ◽  
pp. 101-109
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Economic Security ◽  
Economic Regulation ◽  
Economic Management ◽  
Specific Category ◽  
History Of ◽  
Micro Level ◽  
Definition Of

The article examines the definition of the term "foreign economic activity", analyses the definitions of foreign economic activity as well as legislation and theory formed in connection with the emergence, as well as the history of this term. Based on the results of the analysis of the definition of the term "foreign economic activity", its advantages and fragmentation and incompleteness are formulated in separate definitions, the need to highlight its complexity and multi-segment is emphasized, which are the objects, criteria and analytical features of economic management at micro level and legal regulation at macro level in this area. The article revealed the composition of the elements of the system of legal regulation of foreign economic activity, which includes: types of foreign economic activity, methods of foreign economic regulation, tools to influence foreign economic activity, subjects of foreign economic activity in Ukraine. The non-exclusive importance of legal regulation of foreign economic activity of economic entities in the field of grain growing is substantiated, namely the strategic importance of grain in the process of ensuring economic security of the country, including food, the priority of the grain market, which is enshrined in law. Based on the analysis of the system of legal regulation of foreign economic activity, a systematic approach to the interpretation of the category "legal regulation of foreign economic activity in the field of grain growing" is proposed. Improvement and specification of the specific category in the field of grain growing will create the necessary conditions for increasing the efficiency of using the existing potential at macro and micro levels. The proposals were made to improve the current legislation by eliminating the identified shortcomings in the definition of the term category in the interpretation of the concept of "foreign economic activity", what will promote the development of the system of legal regulation of foreign economic activity in the field and achieving the goals of sustainable development of Ukraine in accordance with the National Report of the Ministry of Economic Development and Trade of Ukraine (2017), in particular, the legal regulation of investment insurance.

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 ORGANIZATIONAL AND ECONOMIC POWERS IN THE PROCESS OF ORGANIZATION, MANAGEMENT, REGULATION AND CONTROL OF ECONOMIC ACTIVITY

2020 ◽  
Keyword(s):  
Economic Activity ◽  
Administrative Law ◽  
Economic Management ◽  
Organization Management ◽  
Economic Relations ◽  
Management Function ◽  
Micro Level ◽  
Definition Of ◽  
Property Control ◽  
And Control

Introduction. The issue of legal research of organizational and economic powers is constantly in the focus of researchers in the field of both economic and administrative law. There are different views on the emergence of organizational and economic powers. Some scholars believe that such powers arise exclusively in the process of managing economic activity, others - both in the process of management and in the process of regulating economic activity. In particular, the issues of organization and control of economic activity are added to such discussions. Accordingly, as a result of which processes the organizational and economic powers arise today are not so clearly defined at the legislative or doctrinal levels. Topicality. Given this uncertainty regarding the processes during which organizational and economic powers arise, many questions and problems arise during their implementation. In particular, this problem is manifested in the separation of organizational and economic and power powers, especially when the subject is simultaneously endowed with the functions of power and organizational and economic nature in the process of managing economic activity. Accordingly, the analysis of the concepts of organization, management, regulation and control of economic activity in the context of the theory of economic and administrative law and the theoretical and legal perspective needs its justification and systematic scientific disclosure. Summary of the main results of the research. The definition of these concepts at the legislative and doctrinal levels has been worked out. The concept of organization of economic activity is studied, which is proposed to be considered broadly (as an independent direction of activity aimed at rational combination in time and space of all elements of economic system of appropriate level: national (sectoral), local (regional), at the level of economic entities); and narrow meanings (as a management function that is implemented in the process of unification (distribution) of subjects, objects, means and is designed to create a new or reorganize or liquidate the existing system). It is established that economic management is an independent type of activity that is implemented in relation to social relations that arise, change and cease in connection with the implementation or realization of the intention to conduct economic activity on the basis of property relations on the basis of property, control relations. -subordination and delegated powers in order to effectively implement it. It is proposed to consider state regulation of economic activity at the macro and micro levels. It is investigated that control is one of the management function. Conclusions. It is substantiated that organizational and economic powers arise in the process of business management and or regulation of economic activity (at the micro level). It is proposed to include in the Commercial Code of Ukraine the following definition of organizational and economic relations: “organizational and economic relations in this Code mean the relations between business entities and subjects of organizational and economic powers in the process of economic management and / or economic regulation. activities (at the micro level)".

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

scholarly journals Correction of the object of social experiments D. A. Stolypin

2019 ◽  
Vol 22 (3) ◽  
pp. 77-84
Author(s):  
O. М. Приймак ◽  
Ю. O. Приймак
Keyword(s):  
Social Experiment ◽  
Historical Sources ◽  
Economic Management ◽  
Scientific Heritage ◽  
Social Experiments ◽  
The Social ◽  
History Of ◽  
Definition Of ◽  
Xix Century ◽  
Economic Ties

The publication deals with the problem of correction of an object that occurred during the social experiment carried out by one of the first Russian sociologists, a follower of Auguste Comte, Dmitry Arkadievich Stolypin (1818 – 1893). In accordance with the level of development of sociological science of the last quarter of the XIX century the definition of the concept of «social experiment» was formulated. The reasons for the social experiment, conducted by D.A. Stolypin during 1874 – 1893 in Mordvinovka Village of Berdyansk District of Taurida Governorate (present Mordvinovka Village in Melitopol District of Zaporozhye Region) were identified. Among them, as the main ones, are indicated the crisis of landlord economy and peasant land shortage, in the conditions of the development of agrarian capitalism in the south of Ukraine. It is proved that the goal of the social experiment completely coincided with the direction of the search for social support in the village by the imperial top. The analysis of historical sources allowed the authors to establish that its essence was to create rental farms on landowner lands increasing the profitability of the latter and to popularize among the local peasantry the leading forms of intensive local economic management. Research revealed that in accordance with the sociological concept of D.A. Stolypin local peasants were the object of the experiment, who were asked to break economic ties with the rural community and get the farm in the medium-term lease. The formulation of criteria for comparative analysis made it possible to distinguish three stages in the course of the experiment – 1874-1877 years, 1878-1888 years, 1889-1893 years. The main argument in favor of such approach was not the fact of introducing changes in lease agreements with farmers as much as the involvement of peasants from different social strata in the experiment. Authors found that at the first stage farmers were the representatives of the kulak and prosperous strata of the peasantry, at the second – among the wealthy tenants there were peasants of medium welfare, and at the third – the wealthy and middle peasants were equally divided. The intermediate results of the social experiments by D.A. Stolypin, which were researched in terms of improvements of material facilities, increasing the area of cultivated land and monetary incomes, including farmers in the channels of upward vertical social mobility and changing their social status. At the same time, the article emphasizes that scientific heritage of O. Comte, A. Smith, G. Spencer, as well as the foreign experience of agrarian transformations and knowledge of local economic traditions which were used by sociologist-amateur betrayed the ideas of the formed farm settlement. Social experiment D.A. Stolypin is described in the publication as the longest in the history of national sociology.

scholarly journals Principles of performing foreign economic transactions and contracts

2021 ◽  
Vol 2 (99) ◽  
pp. 204-210
Author(s):  
S. Iu. Sokoliuk ◽  
◽  
O. V. Zharun ◽  
O. S. Tupchii
Keyword(s):  
International Trade ◽  
Foreign Trade ◽  
Economic Activity ◽  
Legal Regulation ◽  
Economic Security ◽  
Legal Form ◽  
Normative Documents ◽  
Trade Law ◽  
International Trade Law ◽  
Business Entities

In the context of complex political and socio-economic processes, that are characterized by the stratification of the property status of various segments of the population, by the growth of customs offenses, by the aggravation of the influence of destabilizing trends on the economic security of the state, the issue of creating an effective state system of customs and legal regulation of foreign economic activity of business entities becomes relevant. The variety of nomenclature of goods transported across the customs border, and the peculiarities of foreign economic operations determines the implementation of customs and legal regulation by a large number of state authorities, each of which, within the limits of their competence, is entitled to issue normative documents in the field of foreign economic activity and provide permits for foreign trade operations. The fulfillment of a foreign trade obligation is subject to both the terms of the agreement and the provisions of the normative sources of international trade law, and the customs of commercial turnover. Among the customs produced by many years of experience in international trade, the customs are distinguished, which have become general provisions, which in the civil doctrine are called the principles of fulfilling obligations. When drawing up an agreement, it is important to establish which state law will govern relations under a specific agreement, since there are significant differences in resolving the same issues in the law of different countries. The foreign trade sale and purchase agreement is the most common legal form of foreign economic agreement, which mediates the relationship between Ukrainian and foreign entrepreneurs. Its development in accordance with the principles of implementation, the development of conditions and obligations of the parties, the implementation requires special knowledge and skills, taking into account the specific features of the external market.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals Socio-economic safety as a management object in management of agricultural enterprises as economic entities of micro-level

2018 ◽  
pp. 33-39
Author(s):  
Vadim Antoshkin
Keyword(s):  
Economic Security ◽  
Economic Management ◽  
Scientific Methods ◽  
Agricultural Enterprises ◽  
General Terms ◽  
Management Measures ◽  
Security Problem ◽  
Analysis And Synthesis ◽  
Micro Level ◽  
Functional Components

The subject of the research is theoretical, methodological and practical aspects of identifying socioeconomic security as an object of management of the functioning and development of agrarian enterprises as micro-level subjects of economic management. It is about setting its goals, tasks, defining features, identifying the principles of implementation, establishing trends of development and priority tasks of management, including at the level of agrarian enterprises. The purpose of the work is to identify the essence of the category of socio-economic security and its practical identification; identification of features at the level of agrarian enterprises as an object of management in their management; establishment of principles and priority tasks of management. Methodological basis of the article became general scientific methods of cognition, generalization, method of comparative analysis and other methods of research. It was also a system-structural analysis and synthesis in establishing principles for the implementation of socio-economic security; problem-oriented approach in providing recommendations for further management of development and strengthening of socio-economic security of agrarian enterprises. Results of work. The main results of the paper are to clarify the categories of socio-economic security, to establish its features and identify features at the level of agrarian enterprises as an important element of their management and management of further development. The tasks of forming socio-economic security and the principles of implementation were identified. Identified development trends and priority management measures for strengthening at the level of agrarian enterprises. The field of application of the results is that the proposals on identification of the essence, features and features of socioeconomic security as a component of management in the management of enterprises are presented. The established principles of implementation and identified priority management measures can be used by managers and specialists of enterprises in order to increase their socioeconomic security in the future. In this case, special attention was paid to agricultural (agrarian) enterprises as a sphere of application of the received recommendations. Conclusions. In general terms, the study of socio-economic security at the level of agrarian enterprises needs further analysis in order to explore new options for finding existence on the market. The final choice regarding the use of any other approach or its separate components remains for each enterprise and depends on such factors as the size of the enterprise, its activities, the ambitions of the owners, etc. In order to achieve the highest possible level of socio-economic security, agrarian enterprises need to work to keep all their functional components in danger.

scholarly journals Concept and features of entrepreneurial activity as an object of administrative and legal protection

2018 ◽  
Vol 82 (3) ◽  
pp. 55-64
Author(s):  
V. M. Vasyliev
Keyword(s):  
Economic Activity ◽  
Legal Protection ◽  
Legal Aspects ◽  
The State ◽  
Entrepreneurial Activity ◽  
Modern Development ◽  
State Economy ◽  
Definition Of ◽  
Entrepreneurial Activities ◽  
High Degree

The article is devoted to the study of the category “entrepreneurial activity”, its definition in legal sense, as well as clarification of the legal nature and characteristics. On the basis of a comprehensive analysis of the existing national legislation, as well as systematization of scientific views on the establishment of the content and essence of entrepreneurial activity, the authorʼs definition of this type of socially useful economic activity is formulated. Under the entrepreneurial activity it is proposed to understand the independent type of economic activity, which is carried out at its own risk and under its responsibility by the subjects of entrepreneurial activity (individuals and legal entities registered in the manner prescribed by law), which is systematic, initiative, lawful and innovative and aimed at obtaining personal income and public benefit. The main and additional features that are characteristic of entrepreneurial activity in the conditions of modern development of the state economy and financial level of life of the society are determined and described. The main features of entrepreneurial activities include: systematic, innovative, risk-taking, initiative, full property liability, focus on personal profit, legality. To the optional (additional) features of entrepreneurial activity include: high degree of adaptability to existing socio-economic, political and legal conditions in the state, focus on achieving public economic results, substantiation, directness and mediation of such activities. Generalized functions of entrepreneurial activity, through which the legal aspects of the content and features of this type of economic activity, are revealed.

Sign in / Sign up

Export Citation Format

Share Document