The dissertation is a comprehensive study of the issues of legal support for self-regulation of economic and commercial activities, taking into account the intensification of the European integration vector, the military aggression of the Russian Federation and related factors of economic activity.
The relevance and scientific novelty of the study is due to the fact that after the declaration of Ukraine's independence, no systemic legislation was adopted which would regulate social relations related to self-regulation, self-regulation of economic and commercial activities, wholesale and retail trade, as well as the procedure for the formation, registration, operation and termination of self-regulatory organizations. The study has shown that for business entities, consumers and civil society, self-regulation is a useful and effective way to regulate relations in economic and commercial activities.
The theoretical foundations of self-regulation of economic and commercial activity, in particular, the concept, features, types, and means are investigated. It is established that self-regulation of economic and commercial activity is a unique, complex system of relations in which the parties independently create, choose for themselves the rules of conduct and fulfill them, relying on mutual good faith and integrity. Self-regulation of economic and commercial activities has its own peculiarities based on the type of trade (wholesale, retail, internal, external), the place of its implementation, commodity specialization in accordance with which the business entity operates, the parties to the contract, etc.
Considerable attention is paid to the interaction of self-regulation of the CTD with state regulation and co-regulation. The author proposes amendments to the Commercial Code of Ukraine which would consolidate the principles of self-regulation of economic and commercial activities. The regulatory means of self-regulation of the CTD include: civil contract, commercial contract, model contract, memorandum, customary business practices, constituent documents of enterprises, local acts of self-regulatory organizations, codes of ethics, codes of practice, etc. Organizational or institutional means of self-regulation include self-regulatory organizations, public associations, business associations, exchanges (commodity exchanges), chambers of commerce and industry that represent the relevant participants in the SCA. In Ukraine, there are currently organizations in the SCA sector that have certain self-regulatory functions, but are not recognized by the state as SROs, for example: Association of Retailers of Ukraine (acts as a professional association in the retail trade), Association of Agricultural Producers (acts as a public association in the field of agricultural production), etc. The author singles out ADR (negotiation, mediation, international commercial arbitration) as a means of self-regulation, given the importance of their use for dispute resolution in the SCA.
The author studies the types of restrictions on self-regulation of the CTC, which include: 1) depending on the form of economic and trade activities (restrictions in wholesale, retail trade, public catering, etc.); 2) depending on the means of self-regulation of economic and trade activities (restrictions on contracts of sale, supply, contracting of agricultural products, lease, barter, leasing, etc; restrictions on the establishment and operation of public associations, business associations, exchanges, chambers of commerce and industry); 3) restrictions on the activities of SROs depending on the sector of economic and commercial activity.
