scholarly journals Theoretical aspects of foreign economic activity of institutional units in Ukraine

Author(s):  
Iryna Belova ◽  
Olha Zavytiy ◽  
Nataliia Semenyshena

Introduction. The research is devoted to the genesis, determination of definitions, theoretical aspects of the development of foreign economic activity of institutional units and tendencies of its normative and legal regulation. Methods. The theoretical and methodological basis of the research is the works of leading scientists on foreign economic activity, legislative and regulatory documents that regulate the foreign economic activity of institutional units. The following scientific methods were used in the process of research: induction and deduction, analysis and synthesis - during theoretical generalizations, formation of relevant conclusions; bibliographic - research of literary sources to obtain necessary information on the topic of research the method of associations and analogies - for the proposed new ideas and suggestions that arise on the basis of comparison with other more or less similar objects. Results. The article explores theoretical and organizational and practical principles of defining the essence of the concepts of “foreign economic activity” and "foreign economic relations” in the current conditions of economic development. The types of such activities are considered and it is concluded that state regulation of foreign economic activity in Ukraine under conditions of liberalization should facilitate the establishment and development of foreign economic relations of the institutional units of the country with foreign counterparties. Discussion. Prospects for further research see the study of international experience in conducting foreign economic activity and foreign economic relations and the mechanism of state regulation of foreign economic activity of institutional units. Keywords: foreign economic activity, economic activity, foreign economic operation, export, import, foreign entities, world market.

2021 ◽  
Vol 2 (20) ◽  
pp. 7
Author(s):  
D. V. Zadykhaylo

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


2020 ◽  
pp. 86-96
Author(s):  
Roman Boychuk

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.


2020 ◽  
Vol 19 (10) ◽  
pp. 1896-1915
Author(s):  
E.R. Ermakova ◽  
O.M. Lizina

Subject. The article addresses the specifics of shadow economic activities in reformed Russia in the context of systemic transformations. Objectives. We focus on determining the role of shadow economy in the reproductive process, identifying and understanding the specifics of underground economic activity of the Russian economy. Methods. The study rests on general scientific methods (scientific abstraction, unity of historical and logical, analysis and synthesis, induction and deduction, comparison and analogy) and special methods of cognition (monetary methods). We employ the systems and integrated approach. The official statistics, regulations, works of leading researchers on shadow economy expansion, resources of reference and legal systems like Garant and ConsultantPlus serve as the study's information base. Results. We present a retrospective rapid analysis of the extent of shadow economic activity in the domestic economy, establishing the relationships with the processes that take place at different stages of the country's development. We also reveal the specifics of shadow economy relations in Russia, factors that play a key role in expansion for a particular period, a shift to another form of shadow economy. The study characterizes the current period of development, assesses the impact of external shocks on shadow economy expansion. Conclusions. The current period is characterized by the digitization of shadow relations, the shift of corruption to the upper echelons of power, the continued outflow of capital abroad, and increased penalties for underground activities.


2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.


Author(s):  
D. Vasylenko ◽  
L. Butko

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.


2021 ◽  
Vol 110 ◽  
pp. 01016
Author(s):  
Anatoly N. Levushkin ◽  
Yana S. Grishina ◽  
Olga G. Bartkova ◽  
Tatyana V. Savina

During the economic instability, crisis processes in economic relations, and the growing prospects of a new “step” of the global economic crisis, theoretical and applied research in the field of legal support for strengthening and supporting economic development, small and medium-sized businesses, and digital technologies in the Russian Federation plays a great role. The purpose of the study: A legal study of the current legislation in order to apply the concept of synergy of family business and social entrepreneurship for the effective implementation of economic processes and solving technological problems, identify the problems of family business development in the new economic realities and propose some ways to solve them at the legislative level. The object of the study is a set of economic, entrepreneurial, civil-legal relations that arise in the implementation of family business and social entrepreneurship in modern economic realities based on new technologies. Methods: General scientific and private scientific methods of scientific cognition were used in the study: systematic, historical, logical, comparative-legal, formal-legal, and others. Novelty: It is proved that social entrepreneurship and family business should be a system-forming link in economic relations, linking the state with small and medium-sized businesses. The introduction of such form of business (social and family entrepreneurship) should eliminate many economic problems and gaps in the legal regulation of issues that arise while conducting economic activities by family members. The necessity of separating social entrepreneurship and family business into a separate economic and legal category is justified, and the expediency of consolidating the concept of social entrepreneurship and family enterprise at the federal level is proved.


Author(s):  
Anton Nikolaevich Rundkvist

The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice


2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.


Author(s):  
Maryna Ivanova ◽  
Vasyl Shvets ◽  
Olena Varyanichenko

Introduction. The top management of enterprises, as a rule, have to solve several strategic issues when concluding a foreign trade contract, among which the choice of strategic direction of activity and the counterparty country is the highest priority. Methods. General and specific methods of system-structural analysis and synthesis were used to formulate the author's definition of "development strategy", to identify the interrelated stages of the development strategy formation; correlation-regression analysis was applied to determine the correlation density between imports and exports for the countries involved in Ukraine’s foreign trade in metallurgical products. Results. The theoretical study of approaches to the formation of a development strategy has allowed formulating the author's definition that the enterprise development strategy is a long-term plan, which contains complex decisions on choosing the direction of enterprise’s development, defining the major goals and models of actions for the formation and effective use of its potential; it also allows the enterprise to create favourable internal and external conditions for successful completion of the main stages of development. It has been found that analysis, monitoring, diagnostics of external and internal environment are a commonly-accepted component of any process of strategy formation. The results of the correlation between import and export as elements of the system have been obtained; it has been proved that a change in import volumes occurs simultaneously with the proportional change in export volumes. Enterprises will be advised to perform foreign economic activities only with counterparties in the countries for which the correlation coefficient between exports and imports is significant. Discussion. The density of export - import links for individual types of metallurgical products is greater than 0.5, indicating a significant correlation between the two considered features. The foreign economic relations between the metallurgical enterprises in Ukraine and various countries of the world are relatively balanced in the field of exports - imports of certain types of metallurgical products. The obtained results should be taken into account in the formation of a strategy for those metallurgical enterprises in Ukraine, which are to perform or expand their foreign economic activity. At the same time, it is necessary to take into account other factors influencing the resultant indicator, i.e. import, and to introduce advanced methods for their detection and research, which, in turn, will reduce the negative impact of the environment. Keywords. Development strategy, import, export, correlation, foreign economic activity, metallurgical enterprises, metallurgical products.


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