Lavrenuk T. Principles of economic law: an instrumental aspect.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101981

Applicant for

Specialization

  • 081 - Право. Право

29-06-2021

Specialized Academic Board

ДФ 64.086.026

Yaroslav Mudryi National law university

Essay

The choice of a research topic is due to its importance for the science of economic law and law enforcement practice, since the principles of economic law, being the most important legal category and having a high relevance for law-making and law-enforcement activities, have not been the subject of separate comprehensive research on this topic. In the dissertation new results have been obtained in the form of scientific conclusions on understanding of the legal nature of the principles of economic law, their place and importance in the sphere of legal regulation, theoretical and practical approaches to the construction of the system of principles of economic law and enhancing their practical value. In this study, the principles of economic law are considered from the point of view of their economic basis and it is proved that the substantive basis of the principles of economic law, along with the fundamental and general principles of law, should be market economy principles, based on them economic principles, as well as the principles of economic and legal policy, which together make up a complex of structural-systemic connections. The paper explores in detail the relationship between the principles of market economy functioning and the principles of economic law. The author defines the concept of principles of functioning of a market economy and their list, defines and discloses the content of each of the proposed principles. It is proved that modern market economy type is characterized not only by the simple principles of market functioning (the principle of economic freedom, free interaction of supply and demand, free pricing, competition), which provide the conditions for its existence, and to them are added principles of more complex order, which should provide quality the level of functioning of a market economy in a society that develops on the basis of the axiological requirements inherent in our time. After the analysis and the offered list of principles of functioning of a market economy are carried out, their connection with the principles of management and, accordingly, principles of economic law is proved and investigated. The relation of the principles of management with the principles of economic law is discussed in detail. Attention is drawn to the distinction between the principles of economic law and the principles of management, which is that the latter determine the basics of economic activity, but the principles of economic law - the basics of its legal regulation. It is argued that principles of management influence the legal regulation of economic activity through the principles of economic law, when the relevant economic principles are embodied in the principles of law. And this is the perfect construction of a meaningful content of the principles of economic law. In doing so, the principles of management must be transformed into principles of economic law, taking into account not only their axiological importance, but also in accordance with the regulatory and instrumental nature of legal regulation. Principles of management set the standards for practical business activity and set the basis for its legal regulation through incorporation into the principles of economic law.

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