Are all natural monopolies in Ukraine equally “natural”?

2020 ◽  
pp. 19-28
Author(s):  
A. Strizhkova
Keyword(s):  
Competition Policy ◽  
Feasibility Studies ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Natural Monopoly ◽  
State Enterprise ◽  
The Status ◽  
Merchant Shipping ◽  
Business Entities

Problem setting. In Ukraine competition policy aims to support healthy competition and limit abuses of monopoly position. However, there are special markets that society requires to meet its needs, but doing business in these areas is very resource-intensive, requires a difficult activity, and therefore objectively engage in such economic activities is too difficult and / or unfavorable to the vast majority of business entities. Then objectively “natural” monopolies are formed, and at the same time only one / several business entities claim to operate in such a market. Accordingly, these monopolies require special legal regulation by the state. Moreover, without proper government intervention, such socially useful activities would not be carried out on the market at all, or would be carried out according to other standards (level of quality, availability, safety, etc.). State regulation of Ukraine in this area is rightly criticized by Ukrainian researchers. Accordingly, an interesting question arises: is the state regulation of different markets, which are in a state of natural monopolies, based on the same principles and approaches? Target of research. The purpose of the article is to analyze the nature, features of the criteria for defining markets as natural monopolies and the objectivity of the classification of markets for certain services in seaports to natural monopolies in Ukraine. Analysis of recent researches and publications. Some issues of the analysis of the state antimonopoly (competition) policy were considered by O.O. Bakalinskaya, V.M. Grudnitsky, V.I. Polyukhovych, Y.I. Yasko, features of problems of a natural monopoly in the market of pilot services were covered by E.M. Klyueva, M. Gardus et al. Article’s main body. Unlike traditional natural monopolies (for example, markets for oil and oil products, natural gas, pipeline, air, rail transport, electricity) in Ukraine, the status of natural monopolies have some services in seaports, approved by the Cabinet of Ministers of Ukraine from June 3, 2013 № 405 by granting exclusive rights to the State Enterprise “Administration of Seaports of Ukraine”. But this list was compiled without proper feasibility studies and arguments. However, some of these services in ports (pilotage, icebreaking) do not meet the criteria of natural monopolies. Bylaws that contradict special laws have created a vicious circle where it is impossible to become a pilot without pilots, and a specialist can only be considered a pilot if he is recognized as such by a pilot after fulfilling a number of requirements. But such a situation contradicts the special legal norms of the Laws of Ukraine, in particular, the Merchant Shipping Code of Ukraine and “On Seaports of Ukraine”. In accordance with Art. 19 of this Law of Ukraine, the provision of pilotage is not a service provided only by state enterprises. After the entry into force of the Code of Merchant Shipping of Ukraine on June 13, 2013, pilotage services were removed from the exclusive competence of state-owned enterprises. The novelties were approved by the Law of Ukraine of May 17, 2012 № 4709-VI. But in the bylaws there are some provisions that directly contradict the laws of Ukraine, for example, paragraph 4.1.2. Order of the Ministry of Transport and Communications of Ukraine of August 1, 2007 № 655 “On approval of the Rules of navigation and pilotage of vessels in the north-western part of the Black Sea, Bug-Dnieper-Estuary and Kherson sea canals”. It is interesting to note that most of the bylaws that currently contradict these laws and in fact create barriers to access to the market for pilotage services were not only not adapted to the new requirements of the laws, but were adopted after the adoption and shortly before the entry into force of this already approved by the Supreme Council of Ukraine of the Code of Merchant Shipping of Ukraine: Order of the Ministry of Infrastructure of Ukraine № 292 of May 8, 2013 and Resolution of the Cabinet of Ministers of Ukraine № 405 of June 3, 2013. Of course, after the entry into force of laws, the rules of law must be given in bylaws in strict accordance with the laws of Ukraine. However, this has not been done so far, although changes to them and to the order of the Ministry of Transport № 655 of August 1, 2007, were made in 2015, 2016 and 2018. On the contrary, despite the fact that the pilot market does not fall directly under the criteria of a natural monopoly, neither the Ministry of Infrastructure of Ukraine nor the Cabinet of Ministers of Ukraine has provided public reasoned explanations or feasibility studies, whether in this state there is demand in this market. more effective in the absence of competition, and such a justification is essential to clearly establish the main criterion of a natural monopoly – the state of the commodity market. Because of this, the Antimonopoly Committee of Ukraine in its Report of 2017 pointed out that it is possible to state the controversy of including the market in which pilotage services are provided in the market, which is in a state of natural monopoly. The analysis of judicial practice in resolving disputes related to the provision of specialized services in ports (icebreaking works) shows the possibility of providing specialized services by a business entity that is not a monopolist and the lack of responsibility for providing such services to a company that is not a natural monopolist. Conclusions and prospects for the development. So, in Ukraine the current legal regulation of the status of natural monopolies among certain services in seaports is ambiguous, reminiscent of the artificial intervention of the regulator in relations, rather than the natural formation of such monopolies, as such criteria do not fully meet the statutory criteria of natural monopolies. the acts actually formed natural monopolies. Moreover, these bylaws must be brought into strict compliance with the Merchant Shipping Code of Ukraine, abolishing the exclusive rights to carry out at least pilotage and icebreaking operations of the State Enterprise “Administration of Seaports of Ukraine”. Licensing of these activities is possible in order to allow private entities to enter these markets and to ensure proper state control.

scholarly journals International legal regulation of road transportation (features of the legal consciousness of legislators)

2018 ◽  
Vol 239 ◽  
pp. 03008
Author(s):  
R.B. Bryukhov ◽  
K.E. Kovalenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Natural Monopoly ◽  
Legal Consciousness ◽  
Private Law ◽  
International Agreement ◽  
Road Transportation ◽  
The Status

The contract of international carriage is a special type of foreign economic transactions. The specificity of this agreement is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage includes public law (determination of the status of the transport environment) and private law (direct organization of the carriage itself) aspects. International carriage is the carriage of goods and passengers between two or more states in accordance with the terms of an international agreement concluded between them.

scholarly journals RESEARCH OF THE MODERN CONDITION OF THE TOURIST SERVICES OF UKRAINE TOURIST MARKET

2019 ◽  
Keyword(s):  
Information Technologies ◽  
Tourism Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Tourism Industry ◽  
The State ◽  
Transport Infrastructure ◽  
Infrastructure Development ◽  
Tourism Enterprises ◽  
Business Entities

The article is devoted to the study of the current state of the infrastructure of Ukrainian tourist market, particularly, in Kharkiv region. The dynamics of the country's tourist flows over the last five years, the problems of tourism development in Ukraine as well as the ways of improving Ukrainian tourist market were analysed. The tourism industry is developing around the world, and in some countries it is the basis for budgeting. Ukraine has all the preconditions for tourism development and it can become competitive in the global tourism market. The development of a tourism structure must be balanced and fully responsive to the needs of people. The tourism enterprises must work effectively. The process of market infrastructure development should be proportional and it requires a systematic approach to management. It is necessary to work out a strategy for developing the infrastructure of tourist market on the basis of a scientifically grounded procedure of its forecasting, regulation, adaptation to changes in consumer priorities, external conditions and risks. Our research proves that there is a significant potential for tourist services in Ukraine that can increase the level of competitiveness. The strategy for development of the infrastructure of the tourist market in Ukraine should take into account the following ways: rationalization of schemes of tourist routes; active integration of information technologies in the field of tourist services; active participation in international programs; financing of applied research in the field of tourism; simplification of state regulation of business entities in the sphere of tourism business; improvement of legal regulation; monitoring of the state of the infrastructure of tourist market and co-financing of objects by the state and private sector; introduction of an advertising campaign to attract domestic and foreign tourists to Ukraine; implementation of measures for the development of tourist transport infrastructure.

scholarly journals SYSTEM AND POWERS OF BODIES IMPLEMENTING ADMINISTRATIVE AND LEGAL REGULATION OF NATURAL MONOPOLIES

2019 ◽  
pp. 83-88
Author(s):  
R.I. Raimov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Coal Industry ◽  
State Regulation ◽  
Natural Monopoly ◽  
National Commission ◽  
Main Attention ◽  
Structural Units ◽  
Public Authorities ◽  
The Status

The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.

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.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals The State Regulation of the Hotel and Restaurant Business in the Context of the COVID-19 Pandemic

2021 ◽  
Vol 5 (520) ◽  
pp. 241-245
Author(s):  
V. О. Martynenko ◽  
Keyword(s):  
Negative Impact ◽  
State Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
State Support ◽  
Public Authorities ◽  
Difficult Situation ◽  
The Social ◽  
Business Entities ◽  
Further Development

The axiom of present is that Ukraine has a very difficult situation in the sphere of hotel and restaurant business caused by the COVID-19 pandemic. This situation has developed not only due to the underdevelopment of this sphere, also because of the significant shortcomings in the system of the State regulation of entrepreneurial activity in the pandemic, which makes this issue a topical scientific problem. The publication is aimed at analyzing the extant status of operation of the hotel and restaurant business under quarantine restrictions, as well as developing proposals for providing the State support to business entities in order to minimize losses during the COVID-19 pandemic. Theoretical and methodological grounds of research are the basic principles of development of hotel and restaurant business in a crisis, scientific works of Ukrainian scholars. The following methods were used in the course of the research: logical-juristic (to analyze the legislation of Ukraine on measures of the State support for business entities in connection with the COVID-19 pandemic); systematization (defining forms of the State aid); hypotheses and assumptions (in the preparation of proposals for further regulation of the provision of the State support to the hotel and restaurant business). As a result of the research, it is determined that the introduced support measures on the part of the State allowed to reduce the negative impact of the COVID-19 pandemic on the hotel and restaurant sector for the short-term period only. Renewal and further development of this sphere is impossible without the introduction of new approaches to the relations between the State and business, which have established determined in Ukrainian society, without increasing the social consciousness of business and increasing the level of its contact with public authorities. To achieve this goal, it is necessary to improve the system of adjustment of efforts of the State authorities, local self-government bodies and business entities in this sphere.

scholarly journals ENTERPRISE RESOURCE MANAGEMENT

2021 ◽  
Author(s):  
Valentyna Khrapkina ◽  
Hanna Bondarenko
Keyword(s):  
Management System ◽  
State Regulation ◽  
The State ◽  
International Standards ◽  
Resource Saving ◽  
Economic Methods ◽  
Resource Protection ◽  
Wide Range ◽  
Effective System ◽  
Business Entities

The paper analyzes the organization of effective resource saving of the enterprise. Enterprises need to implement innovative technologies and tools, as well as to motivate all participants in the process to achieve high overall productivity. One of the ways to increase the efficiency and rationality of the activity is the introduction of the management system of development of resource saving enterprise (RSE). The EPR management system is influenced by external and internal factors. One of the main factors of the external environment is the state regulation in the direction of resource saving, because a small number of business entities can turn to the development of resource-saving enterprises without state support. Defined the concept of "resource saving" as a complex positive effect on the state of the company, which combines the economic, social and environmental factors, the result of the implementation of resource conservation is economically viable for the company. The process of resource saving at the enterprise positively affects a wide range of subjects who perceive its results. According to international standards, Ukraine's economy is one of the most resource-intensive in the world through a large proportion of resource-intensive industries, outdated and inefficient technology, extreme depreciation of assets, inefficient systems of transformation and energy supply. World experience in the development and implementation of resource saving programs has a great variety of mechanisms and economic methods to ensure the efficiency of resource consumption in all areas of economic activity. The article highlights the most effective methods and applied to the realities of Ukraine. The study revealed the main problems of Ukrainian enterprises in the management of resource protection and development of resource protection. Today, finding ways of solving these problems and determining the main ways of stimulating enterprise teams and personnel management is especially important for the formation and implementation of an effective system of resource-saving development.

Competition Policy and State Enterprises in the U.K.

1982 ◽  
Vol 27 (4) ◽  
pp. 921-956
Author(s):  
Brian Chiplin ◽  
Mike Wright
Keyword(s):  
United Kingdom ◽  
Cost Effectiveness ◽  
Competition Policy ◽  
The State ◽  
State Enterprise ◽  
Quality Of Services ◽  
The United Kingdom ◽  
State Enterprises

The application of competition policy to nationalized industries (state enterprises) has been strengthened recently in the United Kingdom. Section 11(1) of the 1980 Competition Act broadened the Monopolies Commission oversight of state enterprises. In practice, the Commission will conduct an efficiency audit of each major nationalized industry every four years. The Commission will focus its review on the quality of services, manpower utilization and productivity, and pricing, distribution and purchasing methods of the state enterprise. These efficiency audits have been fairly well received. Their cost-effectiveness and the follow-through on the Commission's recommendations remain to be demonstrated.

LEGAL MECHANISM AS THE BASIS OF ORGANIZATIONAL AND ECONOMIC MECHANISMS OF COORDINATION OF INTERESTS OF THE STATE AND TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Author(s):  
Sergii Gryshko ◽  
Keyword(s):  
Local Governments ◽  
Scientific Publication ◽  
Legal Regulation ◽  
The State ◽  
Local State ◽  
Theoretical Substantiation ◽  
Organizational Mechanism ◽  
The Status ◽  
Economic Mechanisms ◽  
Legal Mechanism

The article is devoted to the theoretical substantiation of the conditionality of organizational and economic mechanisms of coordination of interests of the state and territorial communities by the legal mechanism. Based on the analysis of scientific approaches to the concept and classification of mechanisms of public administration in general, the author proposes to ensure the coordination of the interests of the state and territorial communitiesin Ukraine through legal, organizational and economic mechanisms. The scientific publication reveals the content of the legal mechanism for reconciling the interests of the state and territorial communities through such elements as forms and methods of legal regulation. Among the forms of legal regulation of coordination of interests of the state and territorial communities in Ukraine, attention is focused on the Constitution of Ukraine, international acts ratified by the Parliament of Ukraine, competent, general, and sectoral laws of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, and regulations of central and local executive bodies, local self- government bodies, the subject of regulation of which is the status of local state administrations and local self-government bodies, as well as the nature of relations between them. The methods of legal regulation include and characterize the permits, instructions, and prohibitions established for legislative acts, established for local state administrations and local self-government bodies. Taking into account the analysis of forms and methods of legal regulation of coordination of interests of the state and territorial communities in Ukraine, it is set that due to them the organizational and economic mechanisms of coordination of interests arise and are realized. In particular, with regard to the organizational mechanism, the legal mechanism creates such organizational elements as organizational entities, which are local state administrations, local governments, advisory, consultative and other bodies, as well as organizational actions, in particular, conciliation procedures, and for economic determines economic resources such as the order of formation and amounts of budget funds, objects ofstate and communal property rights.

Land Ownership in Ukraine: Reform Issues

2020 ◽  
Vol 11 (4) ◽  
pp. 1175
Author(s):  
Ivan O. KOSTYASHKIN ◽  
Nadiia I. CHUDYK-BILOUSOVA ◽  
Liudmyla S. TARANENKO ◽  
Alla V. ANDRUSHKO ◽  
Natalia M. LOGINOVA
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Regulation ◽  
State Regulation ◽  
Market Reform ◽  
Land Market ◽  
The European Union ◽  
Business Entities ◽  
Land Control

At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.

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