SPECIAL LEGAL MODE OF BUSINESS: CONCEPTS AND TYPES

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SPECIAL LEGAL MODE OF BUSINESS: CONCEPTS AND TYPES

Journal Title: Право та інновації - Year 2018, Vol 4, Issue 24

Abstract

Problem setting. The question of the regime of economic activity is today the key to business in Ukraine. On the state side, the interest in establishing certain business regimes and / or the establishment of a separate regime for the regulation of the activities of some economic entities is to achieve an optimal balance of interests of the state and business. To achieve this balance, the state, through the authorized bodies, may use different legal means to create an effective mechanism for legal regulation of economic activity in general. Analysis of recent researches and publications. In general, the problem of the legal regime has been given sufficient attention to the well-known theorists of law, such as N. G. Aleksandrov, S. S. Alekseev, V. M. Baranov, D. N. Bakhrach, V. V. Borisov, V. B. Isakov, A. V. Malko, N.I. Matusov, V.D. Sorokin, L. S. Yavich and some others. Some elements of the legal regime were analyzed in the writings of Ukrainian scholars, in particular, in works by S.V. Bobrovnik, V.V. Kopeychikov, A.M. Kolodiya, P. M. Rabinovich, and others. The concept of a special regime of management was reflected in the works AV Balyan, AG Bobkova, O.M. Vinnik, O.R. Zeldina, R.I. Zimenkova, V.K. Mamutova, Yu.V. Makogon, V.I Pyly, L.V. Taran and others. However, in conditions of constant change in business conditions, reorientation of the economy, financial and economic crisis, it is necessary to reformat the approaches to legal regulation of economic activity, legal regimes of their economic activity. Target of research. The purpose of this article is to identify the concept and features of a special legal regime of management, as well as its types and classification grounds. Article’s main body. Generally recognized among scholars is the understanding of the legal regime as a specific type of legal regulation of a certain sphere of social relations, aimed at solving certain problems, which uses a different combination of legal means. Traditionally, there are three types of legal regimes: the national regime, the most favored regime, the special regime For the first time in the Ukrainian legislation the notion "special regime of management" was introduced by the Commercial Code of Ukraine. The Code provides for varieties of special economic regimes (Section 8 of the Civil Code, Chapter 39-41), but there is no definition of the very concept of a special regime of management, its features, means of state regulation, which are an integral part of any legal regime, the criteria for demarcation on species, that is, the law does not fix in fact the basic tools of this regime. The types of special economic regimes management include: special economic regimes management in special (free) economic zones; concessions; exclusive (maritime) economic zone of Ukraine; on the state border of Ukraine; in sanitary and other protective zones, territories and objects that are especially protected; special mode of management in certain branches of the national economy; territory of priority development; special mode of management in conditions of emergency state, emergency ecological situation; special mode of management in conditions of martial law. Conclusions and prospects for the development. In the conditions of continuous changes and reformatting relations in the sphere of management, the emergence of new types of economic activity, the special legal regime of management should be considered as one of the main areas of national economic policy in the context of improving the implementation of economic activity in Ukraine, simplification of business in the state (including its initiation). That is why, at the legislative level, the possibility of modeling various types of SPP management with the help of the system of state regulation of economic activity, as well as the establishment of criteria for the delineation of legal regimes for the conduct of economic activity in Ukraine should be envisaged.

Authors and Affiliations

A. V. Matveeva

Keywords

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EP ID EP492744
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