Petrova N. Administrative and legal principles of monitoring state aid to economic entities in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100357

Applicant for

Specialization

  • 081 - Право. Право

17-01-2022

Specialized Academic Board

ДФ 55.859.026

Sumy national agrarian university

Essay

The author argues the necessity of monitoring state aid as a system of regular observations on compliance with the requirements of the Law of Ukraine ―On State Aid to Economic Entities in order to ensure the effectiveness of the functioning of the state aid system in conditions of sustainable development in Ukraine, preventing manifestations of discrimination of individual economic entities and distortion of competition. The focus is on the conceptual basis for monitoring state aid to economic entities based on the theoretical principles of providing state aid to economic entities, organizational and legal security of monitoring in Ukraine and its legal and organizational standards in the countries of the European Union. The author also takes into account the current state of development of the economy for sustainable development of Ukraine, the need to ensure the economic feasibility of supporting economic entities at the expense of public resources for production of goods or implementation of certain types of economic activity, as well as equal rights and capabilities of economic entities to obtain such support and prevent a negative impact on competitive relations. It is suggested to apply the term ―public aid to economic entities instead of the term ―state aid to economic entities in the legislation of Ukraine, given that this term more accurately reflects the essence of such aid: first, it is provided at the expense of not only state, but also local resources (public resources), and second, its providers are the public administration authorities which include both state authorities and local selfgovernment. The author's definition of public aid to economic entities is formulated on the basis of the most significant identified and analyzed features. Thus, under the concept of ―public aid to economic entities , it is proposed to understand the economic benefits granted to economic entities by public administration bodies in the procedure provided by law in accordance with the principle of decentralization of power, and lies in transferring public resources (state or local resources) to separate economic entities or in the losses of state or local budgets in order to achieve national or regional sustainable development purposes. Monitoring of state aid to economic entities as a public activity of an authorized body is presented. It consists in regular compliance with the Law of Ukraine ―On State Aid to Economic Entities and is carried out by collecting, processing, analyzing and publishing information about state aid to economic entities. The purpose of state aid monitoring to economic entities, its principles, functions, methods, tasks are determined. Significant criteria of incompatible, inadmissible for competition state aid are used and characterized, which are used, including in state aid monitoring. It was concluded that the monitoring of state aid to economic entities is carried out in accordance with the administrative procedure established by law, which is divided into stages into compulsory and optional. Based on the study and generalization of foreign experience, as well as legal practice of monitoring state aid, proposals have been formulated to amend the Law on Ukraine ―On State Aid to Economic Entities , the Law of Ukraine ―On the Antimonopoly Committee of Ukraine , the Code of Ukraine on administrative offenses and other regulatory legal acts.

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