Ostapenko I. Development of economic legislation of Ukraine: systematization and requirement of meaningful modernization.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101807

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

20-09-2021

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to research of processes of systematization and necessity of substantial modernization of the economic legislation of Ukraine. The issues of the history of development of modern economic legislation of Ukraine are considered and its comparative legal aspects are investigated. During the years of Ukraine's independence, its formation was burdened with a number of functional tasks, including the dismantling of the administrative-planned economic system, reproduction of basic institutions of market economy, ensuring the social nature of the economic system, adaptation to the innovative level of modern world economy. Under such conditions, the stages of development of economic legislation of Ukraine, its contradictory nature and complex connection with the requirements of modern economic policy of the state are studied. The problem of overcoming the destructive manifestations of the concentration of economic power on the part of oligarchic economic organizations has become especially difficult. The object of the dissertation was the subject of economic legislation of Ukraine, some of its constructions and legislative techniques, processes of adaptation and codification of economic legislation, directions of its necessary modernization, etc. The dissertation pays special attention to certain trends of socio-economic development, which are factors in the dynamics of the legislative process in the field of management. In particular, they define the economic policy of the state, the concept of sustainable development, the search for an effective model of macroeconomic regulation, the imperatives of economic security, the need to develop self-regulatory relations, ensuring the regulatory policy of the state and more. In this context, attention is paid to the need to form and implement mechanisms for transforming the provisions of economic policy into legal instruments of influence on the sphere of economic relations, on structural transformations in the sphere of management with appropriate systemic transformations of economic legislation. As a result, new institutes appear and processes of internal and external hybridization of institutions and sub-branches appear - innovative investment etc. There is a problem of creating an effective integrated legal mechanism for economic security, in particular in the investment and innovation spheres, which are actualized by external aggression against the Ukrainian state, development and legal detailing of mechanisms for introducing a system of self-regulatory processes in the economy. The paper draws attention to the processes of consolidation of legal material of economic legislation under the pressure of finding an effective national model of state macroeconomic regulation of economic activity in terms of the need to integrate the rules of "macroeconomic law", combining not only economic legislation but also budget and tax, natural resource and agricultural legislation, etc. The legal means of these branches of legislation should interact together in a single algorithm of state macroeconomic policy to achieve its goals in the field of management. In addition, a promising question was raised about the creation of an integrative normative entity "Economic Law", which has its own integrated subject of legal regulation and requires coordinated development and interaction between all its constituent elements.

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