Honcharenko O. Theoretical and legal principles of self-regulation of economic activity

The dissertation is devoted to the development of the scientific concept of self- regulation of economic activity. The research was carried out by defining and characterizing the concept, principles, types, forms and means of self-regulation of economic activity. The work contains a comprehensive analysis of theoretical and practical issues of institutional and regulatory self-regulation in the context of European integration. The dissertation analyzes the genesis of legal regulation and patterns of formation of self-regulation of economic activity at the corresponding historical phase in Ukraine. The study of self-regulation of economic activity through the prism of ideas of synergetics as a complex self-organized system is carried out. The advantages and disadvantages of self-regulation of economic activity, its concepts and elements are considered. The principles of self-regulation of economic activity are offered and their essence is revealed. Based on the establishment of various criteria, the types and forms of self-regulation of economic activity are identified. The dissertation determines that the legal economic order is called to provide the proper mechanism of economic activity self-regulation development in both normative and organizational forms. Corporate social responsibility in the context of self-regulation is studied in the thesis. The correlation of economic activity self-regulation and co-regulation is considered. The EU countries experience in its co-regulation is reviewed. The concept and legal nature of self-regulatory organizations are defined in the work. Types of SROs are studied. It is established that the main criterion for distinguishing self-regulatory organizations of economic and professional activity is subjective. The classification of SROs in Ukraine is substantiated: 1) depending on the status of SROs recognition by a public authority, the organizations that are recognized as self-regulatory by virtue of a direct instruction of the law (official); organizations that are not defined by law as self-regulatory; self-governing organizations with a special status (chambers of commerce and industry; stock and commodity exchanges); 2) by sphere, type, and branch of economic activity; 3) by powers granted by the state; 4) by regional coverage; 5) by mandatory membership; 6) by functional orientation; 7) depending on the use of economic activity self-regulation means; 8) depending on the use of dispute resolution methods. The order of SRO foundation, acquisition and termination of membership is determined. The issues of goals, tasks, functions and competence of SROs in Ukraine are explored. The problem of authority delegation by public administration bodies to SROs has been studied. The problems of supervision and monitoring the activities of self-regulatory organizations are described. The adoption of provisions on a transparent and open mechanism for supervision and monitoring by public administration bodies remains a required legislation improvement need. It is established that at the present stage of Ukraine's development the ideal model of self-regulation in most industries and economic activities would be a mixed one which consists in transferring certain powers of public authorities to SROs to regulate a particular market and at the same time subjecting SROs to self-regulation. Since Ukraine is being developed as a social state the leading idea implies socially oriented self-regulation regardless of its model. The result of the study is the development of proposals for current legislation of Ukraine. It is proved possible to balance the mechanism of "optimal combination" of self-regulation and state regulation by amending the Commercial Code of Ukraine and other acts of economic legislation by expanding the introduction of self-regulation forms (normative and organizational).