SYSTEMATIZATION OF IDENTIFICATION CRITERIA AND POSITIONING PARAMETERS OF TERRITORIAL COMMUNITIES: INNOVATIVE ASPECT

The article deepens theoretical and methodical provisions on the attractive image formation for the territorial communities in terms of systematization of their identification criteria and positioning parameters, strengthened in this context local innovative aspect of the implementation of sustainable development concept. The theoretical and methodical provisions regarding the marketing tools of economic entities at the local level have been analysed, which made it possible to research the territorial community as a complex and innovatively active system characterized by emergence and synergistic metasystem connections between its elements that require ordering. This ordering became possible due to the methodological research platform, which based on the positions of the systemic and integrated approach, D. Forrester counterintuitive method of system dynamics, A. Marshall partial equilibrium approach and the principle of stable disequilibrium. The authors proved that the process of determining and ordering identification criteria and positioning parameters depends on the existing institutional frames for the functioning and development of territorial communities, which have a narrowing effect on the search opportunities and alternatives in choice. The discreteness of the coverage of the unique characteristics, which made it possible to distinguish the community among many others based on the established scientific hypothesis, justified the choice of 15 identification criteria and 13 positioning parameters that form the idea of a territorial unit. The provisions of the article systematized of certain criteria and parameters by constructing appropriate classification schemes based on a descending hierarchical chain of classification taxa “class – type – criterion / parameter – result (value) of criterion / parameter”. This made it possible to distinguish between the classes of identification criteria into key and auxiliary ones, and the classes of positioning parameters into single (quantitative) and complex (qualitative) ones. The article proves importance of the implementation of identification criteria and positioning parameters in the practice of the territorial communities strategizing to improve their innovative activity and determine key development positions in a strategic perspective.

ISSUES OF COMPETITION OF THE RULES OF THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES AND THE LAW OF UKRAINE “ON EXECUTIVE PROCEEDINGS” IN CASES OF INSOLVENCY OF INDIVIDUALS

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.

COURT’S DEFENSE OF PERSON’S RIGHTS IN A SPHERE OF CITY PLANNING BY PUBLIC ASSOCIATIONS: DEFINITION OF A PROBLEM

Unauthorized buildings are enough common problem of city planning in Ukraine. There is very popular practice to receive permissive documents after the beginning of building works and before commissioning. Therefore, effectiveness of activity of the Ukrainian State Architectural Building Service is not high. As a result, last decade some citizens and public organizations take part in struggle with city planning violations. Therefore, an investigation of a normative base of an appropriate activity of public organizations and court’s practice in this sphere is an actual task in purpose of an adoption of some legislative decisions. The author had identified position of Supreme Court on duty to application a rule about legal interest of a plaintiff. Only fact of an unauthorized building is not enough for its stopping on claims of not interested persons. The cessation of a town planning violation is possible only in condition of risk for rights and legal interests of plaintiffs (citizens and / or legal entities) or on actions of authorized state organs. The number of decisions of Supreme Court decided in favor of plaintiffs in cases on the claims of citizens and public organizations regarding unauthorized buildings of apartment buildings and other capital objects of town planning is small enough. Actual procedural legislation and normative legal acts which define a status of public organizations don’t provide its right to take legal action for a defense of rights and interests of legal entities and persons, territorial communities, public interests. Nowadays the question of provision public organizations by procedural interest in appropriate categories of disputes in the legislation kept up. Procedural interest of public organizations, its legal interest directly links to the question of court’s defense of public interests, with an institute of actio popularis. Because such organizations have to defend only public, not personal interest in accordance to its statutory object. It is important to understand that an interest for the stopping of illegal building cannot be personalize as an interest of any citizen. Therefore, it is an actual task to develop theoretical ideas about court’s defense of public interest. Nowadays Ukraine accepted the possibility of the defense of public interests only in spheres of consumer’s rights and ecological disputes. The legal public interest in other spheres of public life is not legitimize for the court’s defense. The author has made a conclusion about potential possibility and necessity of legislative recognizing of the right of public organizations to take legal action for the defense of rights of its members in the sphere of unauthorized buildings.

LEGAL ISSUES OF IMPLEMENTING THE INSTITUTE OF AUTHORIZED ECONOMIC OPERATOR

The article covers current legal issues on implementing the institution of an authorized economic operator (AEO). The directions for developing the domestic economic and transport legislation are outlined. According to the International Monetary Fund data, supply chain disruptions have become a major challenge for the global economy since the start of the pandemic caused by COVID–19. Shutdowns of factories in China in early 2020, lockdowns in several countries across the world, labour shortages, as well as demand for tradable goods, disruptions to logistics networks have resulted in big increases in freight costs and delivery times. It is noted that the ongoing problems in the supply chain have caused some changes in the development of trade relations of Ukraine with other countries due to its transit state status. The institute of authorized economic operator was established in Ukraine according to the Law of Ukraine «On the amendments to the Customs Code of Ukraine on certain issues of functioning of authorized economic operators» adopted in October 2, 2019. It is emphasized that implementing the institution of the authorized economic operator corresponds to Ukraine’s obligations under the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. It is noted that more than 80 % of all customs clearance in the EU is carried out by companies with AEO authorization. A resident business entity as a participant of the international supply chain (including manufacturer, exporter, importer, customs representative, carrier, freight forwarder, warehouse keeper) may be authorized economic operators due to multi-stage conformity assessment system. In addition, the current legislation should be updated, in particular relevant provisions of the Economic Code of Ukraine, transport codes and laws in order to provide legal basis for authorized economic operators’ activities as the participants of freight transportation, as well as unifying the legal requirements for the AEO and carriers, freight forwarders, etc.

LIMITATIONS AND OPPORTUNITIES OF SCIENTIFIC EDUCATIONAL AND INNOVATIVE SPHERES OF UKRAINE IN THE CONTEXT OF THE FORMATION OF REGIONAL SMART SPECIALIZATIONS

European methodology Strategy for Smart Specialization is being implemented in Ukraine. The success of this process is largely predetermined by the readiness and ability of regional scientific and innovation systems to effectively interact within the country and abroad. The characteristics of these systems are determined by the general state of the national spheres of scientific educational and innovative activities. Therefore, the purpose of the study was to comprehensively assess the actual situation in the scientific educational and innovation spheres of Ukraine and identification of constraints and opportunities for establishing scientific technological and innovative cooperation with EU regions in the context of smart specialization of regional economies. To achieve this goal, the SWOT analysis method, which is a classic strategic management tool, was applied. Literature review of the application of this method and the specificity of the research object showed the need to clarify the methodology for performing the SWOT analysis. Three stages of this analysis have been proposed. At the first stage, the formation of groups of factors of the external and internal environment of the research object and selection to the list of the most significant of them was carried out. The second stage included an assessment of the selected factors using the experts' intuitive-logical analysis. A feature of the applied approach is that the experts determined a quantitative assessment for the factors of the internal environment and a qualitative one for external ones. The third stage involved the establishment of strategically important logical relationships between internal (Strengths and Weaknesses) and external (Opportunities and Threats) factors, which were discovered at the first stage of the SWOT analysis. Because of performing three stages of analysis using an expert survey, limitations and opportunities that affect the prospects for Ukraine's integration into the European Research Area were identified. It was concluded that it is necessary to design a comprehensive state policy for the development of the knowledge and innovation sphere, which will also contribute to the achievement of the goals of regional smart specialization.

INNOVATIVE DEVELOPMENT OF INDUSTRY IN THE CONTEXT OF IMPLEMENTATION OF THE STATE REGIONAL POLICY GOALS

The article emphasizes that increasing of efficiency and competitiveness of Ukrainian industry can be achieved only by its transition to an innovative development way. The aim of the article is to analyze the indicators of innovation activity, invention and to develop proposals for the implementation of a number of measures in the context of the implementation of state regional policy to stimulate innovative development of industry. The article analyzes the indicators of innovation activity of Ukrainian industry in 2014-2019. The analysis of indicators of innovation activity of industrial enterprises, conducted in terms of technological levels of industrial development, shows the lack of stable trends in the dynamics of innovation activity. The general trend for all levels of produce-ability during the analyzed period is a decrease in the volume of sold innovative products. In general, the analysis of the main indicators of innovative activity of industry shows a decrease in the role of high-tech industries in the production and implementation of innovations. The existing potential of the regions in terms of inventions and utility models is analyzed. The analysis of the distribution of applications for inventions and utility models from national and foreign applicants-legal entities by type of industrial activity shows a decrease in inventive activity of enterprises in most types of industrial activity. The priority technical directions of patenting of inventions and utility models in the regions with the highest inventive activity are presented. It is emphasized that the low level of technological development of industry causes insignificant volumes of exports of high-tech products. The analysis shows a critically low level of high-tech exports in the regions of Ukraine, and somewhere its absence at all. It is claimed that the implementation of state regional policy in the regions of Ukraine is associated with the application of an integrated approach to the development and implementation of regional strategies. The use of an integrated approach will contribute to: improving the efficiency of the use of public funds aimed at the implementation of regional and local development projects, national, regional and sectorial programs, as well as programs for the development of problematic regions and the modernization of industry and infrastructure development in general. Under these conditions, the priorities of smart specialization of the regions are competitive advantages and guidelines for structural modernization of their economy.

CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE

It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.

ECONOMIC SECURITY OF THE REGION IN THE CONTEXT OF ITS POSITIONING

The article summarizes scientific approaches to the economic security of the region in the context of its positioning. The key risks of economic security of the Ukrainian regions have been identified as well as the most important criteria for regions positioning: the gross regional product (GRP) structure, the volume and rates of industrial development, the volume and dynamics of investments; natural resource production and scientific and technical potential; resource efficiency; competitiveness of the region's economy; unemployment rate; the quality of life, the degree of income differentiation, the provision of the population with material benefits and services; energy dependence; integration into the national economy etc. It is noted that the main problem of economic security is to ensure effective management of regional policy, as well as the evaluation of the regions positioning in the context of economic security can be carried out in the main directions: the level of poverty and unemployment in the region; the quality of life of the population; demographic component of the socio-economic security of the region; the ability of the region's economy to sustainably grow; stability of the region's financial system; support of the scientific potential of the region; dependence of the region's economy on imports of the most important types of products; relations of the region with the countries of the European Union. The modern positioning of some security sectors and the consequences of such positioning have been characterized. A system of main indicators has been formed that allows to quantify the level of economic security of the region in the context of its positioning. The methodical approach to evaluating the economic security of a region in the context of its positioning is highlighted. It is noted that despite the goals that are taken into account when positioning the region, the whole process can be structured into the following blocks: organizational and analytical support; methodical and informational support; conceptual software. The article presents the functional components of the mechanism for ensuring the economic security of regions in the context of their positioning. It has been proved that the effective functioning of the mechanism for ensuring the economic security of regions in the context of their positioning requires the effective functioning of all subjects synchronously, which made it possible to formulate a synergistic effect in a formalized form.

INDUSTRIAL SYMBIOSIS AS A FACTOR OF SOCIO-ECONOMIC AND ENVIRONMENTALLY SAFE DEVELOPMENT OF THE CITY

The article has been devoted to solving the problems of sustainable development of the city in the socio-ecological and economic aspect considering the influence of the factor of industrial symbiosis. The characteristics of industrial symbiosis have been generalized and its role in solving the problems of industrial recycling, industrial ecology and sustainable development of the territory has been determined. The European experience of using the advantages of industrial symbiosis in the creation and development of eco-industrial parks has been analyzed. The institutional-legal and organizational-technological approaches to the use of the European experience of creating eco-industrial parks in Ukraine have been considered. The institutional and legal approach presupposes the legislative consolidation of the ecological component in the formation of industrial parks in Ukraine. The organizational and technological approach allows organizing an industrial symbiosis for the city's enterprises that produce, process and use industrial waste, like an eco-industrial park. As a result, local resources are saved, new jobs are created, and the environmental situation is improved. It is especially true for cities in which there is a critical situation with the processing of industrial waste and a high level of technogenic load is observed. Proposals have been developed for organizing industrial symbiosis between the city's enterprises as an eco-industrial park for the management of metallurgical waste - blast furnace slags. At the same time, it is necessary to ensure cooperation between producers (metallurgical enterprises), processors (enterprises of building materials) and consumers (enterprises of road facilities and urban construction enterprises), stimulation of entrepreneurship in the field of industrial waste processing, and the use of public-private partnership mechanisms. Cooperation depends on the consistency of production planning between metallurgical enterprises and related waste processing enterprises. Therefore, it is advisable to form a coordination center and use computer information resource management systems. Stimulating entrepreneurship in the field of services for the processing of industrial waste involves the establishment of benefits and preferences by local governments within the framework of their powers. When using the mechanisms of public-private partnership of enterprises within the framework of industrial symbiosis, it is necessary to ensure the optimal distribution of risks between the public and private partners, which should be the subject of further research.

INFLUENCE OF INFRASTRUCTURE OF LUHANSK REGION ON THE QUALITY OF LIFE OF THE POPULATION: ASSESSMENT AND RECOMMENDATIONS

The article presents the results of the analysis of housing and communal, industrial, agricultural, energy, transport and social infrastructure of Luhansk region in order to determine its impact on the quality of life of the population of the region. Usually the quality of life is assessed directly through a system of developed indicators and indices aimed at studying certain aspects of human life and society. It is revealed that in order to conduct an adequate assessment of the quality of life of the population in Ukraine, a national matrix of indicators should be used, which is maximally adapted to state statistics. It is established that the destruction and decline of the infrastructure of the Luhansk region occurred due to hostilities in eastern Ukraine, so the infrastructure is not able to ensure a decent quality of life. In Luhansk region it is planned to implement infrastructure projects, but all this necessitates the development of recommendations to improve the quality of life in the controlled areas of Luhansk region in coherence with the provisions of the Economic Development Strategy of Donetsk and Luhansk regions until 2030. Based on the results of the matrix analysis, it was concluded that almost all indicators of the quality of life of the population should be improved due to the availability of appropriate measures in the Strategy of Economic Development of Donetsk and Luhansk oblasts. An indicator such as the criminogenic situation in the region caused alarm. The strategy of economic development of Donetsk and Luhansk oblasts does not contain direct measures to improve the criminogenic situation in Luhansk oblast. Therefore, the primary recommendation to improve the quality of life of the population of the Luhansk region is proposed - the development of targeted measures to improve the crime situation. Because this aspect of the quality of life of the population is crucial in areas close to the conflict zone. And the development of additional targeted measures should take place at the state or subregional level. The strategy of economic development of Donetsk and Luhansk regions for the period up to 2030 contains a specific direction and measures to improve the quality of life of people, so the intensification of infrastructure development will increase the local economic effect.