A GOVERNMENT MECHANISM OF THE MACROECONOMIC INFLUENCE AS AN INTEGRAL OBJECT OF LEGISLATIVE SUPPORT

Author

, professor, Kharkiv, Pushinska, 77

In heading

Law;

Signed print

21.11.2017

Issues number

2017 - № 4 (31)

Page

130 - 142

Type of articles

Scientific article

Code UDK

346:347.721

ISSN print

2411-5584

Abstract

Problem setting. Accumulation of traditional economic problems concerned with structure and infrastructure of the economy, a chronic investment and innovative shortage in the process of functioning of an economic mechanism, and many other problems leads to increase in social and political importance of a government macroeconomic policy as well as government macroeconomic regulation. At the same time, the state of legislative regulation of functioning of a respective mechanism does not absolutely adhere to contemporary requirements.
Analysis of recent research and publications. The author takes notice of considerable contribution of domestic scientists. V. O. Usatyi has developed problematics related to economic and legal support of a government industrial policy, V. I. Kukhar has focused on an investment policy, V. A. Yusupov has considered an international economic policy, Yu. Ye. Atamanova has developed an innovative policy.
All the mentioned and many others scientists have certainly taken notice of problematics of the very macroeconomic government regulation in the corresponding context of research. Nevertheless, neither ascertainment of the content of such mechanism of relations that emerge in the process of its functioning nor respective organizing of lawmaking activity concerned with the mentioned relations have led to development of the noticed problem as independent subject to legal research for the purpose of providing efficiency and legitimacy in the process of application of a corresponding normative and legal act.
Formulation of objectives. An article purpose is to actualize matters concerned with systematization of legislative support of relations related to macroeconomic government regulation, which should become a single mechanism of the government impact on the economic sphere.
The main material presentation. In many cases, the legislator only establishes an opportunity of application of some or other macroeconomic regulators and appoints certain executives, which are eligible for usage of corresponding powers. Macroeconomic regulation of the national economic system affect public interests of entrepreneurs, consumers, employees, investors, importers, exporters, citizens that have savings on banking deposits, and economic entities that plan own activity in the perspective. The necessity of thorough legislative regulation of all the aspects of such government activity is indisputable for the mentioned participators.
The government macroeconomic policy is the most complicated and responsible part of its economic policy. Correspondingly, it requires formation of a precise and integral legal mechanism for its implementation.
According to the current legislation of Ukraine, means and mechanisms of macroeconomic regulation are divided among economic, budgetary, tax, natural resources, and agriculture legislation in the context of their industrial affiliation. This fact objectively impedes consistency of their application. Contrary to requirements of Article 19 of the Constitution of Ukraine, the secondary legislation comprises a significant part of legal regulation of application of these means and mechanisms.
Consequently, it is expedient to form a single systematized multi-sectoral normative and legal complex, which would provide system functioning of the mechanism of government macroeconomic regulation in the regime of legitimacy. The author thinks that complex codification of the legislation in the sphere of macroeconomic government regulation of the national economy should be a legislative form of its practical application.
Conclusions. 1. According to the current legislation of Ukraine, means and mechanisms of macroeconomic regulation are divided among economic, budgetary, tax, natural resources, and agriculture legislation in the context of their industrial affiliation. This fact objectively impedes consistency of their application.
2. It is expedient to form a single systematized multi-sectoral normative and legal complex, which would provide system functioning of the mechanism of government macroeconomic regulation in the regime of legitimacy.
3. Macroeconomic law as a functional systematized multi-sectoral normative and legal module within the national legal system is entitled to structurally combine respective economic, agriculture, financial, labor, and social assistance legal institutions in the form of a single macro-mechanism of legal regulation. These institutions should ensure undertaking an effective macroeconomic policy aimed at support of essential internal and external balances and other macroeconomic features of functioning of the national economic system through active government regulation.
4. Potential private and public partnership may be considered as a separate form of macroeconomic regulation of the national economy under conditions of coincidence of a strategy of country development and corresponding holdings. Simultaneously, legal regulation of relations of private and public partnership may be considered as a type of the special economic regime oriented towards a certain target.
Short Abstract for the article
Abstract. The author pays attention to absence of legislative systematization of normative and legal acts, which would ensure system functioning of government macroeconomic regulation. Legal support of functioning of such mechanism is divided among sources of different branches of the legislation. This fact impedes precise and concerted functioning of the legislation. The author highlights the necessity of legislative substantiation of usage of certain legal means belonged to such mechanism in order to ensure legitimacy in the process of application of own organizational and economic authorities by the government. Therefore, the author actualizes a matter regarding formation of a primary virtual normative and legal complex for administration of relations related to government macroeconomic regulation to provide conformity and systematization of law-making activity in this sphere.

Keywords

government macroeconomic regulation, government macroeconomic power, economic system, integration and systematization of normative and legal acts, subject to legal regulation, public and private partnership.

Reviewer

External reviewer

Article in PDF

130-142

Bibliography

1. Usatyi, V. O. (2016). Hospodarsko-pravove zabezpechennia derzhavnoi promyslovoi polityky Ukrainy. Kharkiv: Yurait [in Ukrainian].
2. Kukhar, V. I. (2008). Hospodarsko-pravove zabezpechennia derzhavnoi investytsiinoi polityky v Ukraini. Extended abstract of candidate’s thesis. Kharkiv [in Ukrainian].
3. Yusupov, V. A. (2009). Hospodarsko-pravove zabezpechennia zovnishnoekonomichnoi polityky derzhavy. Extended abstract of candidate’s thesis. Kharkiv [in Ukrainian].
4. Atamanova, Yu. Ye. (2005) Innovatsiine pravo Ukrainy: problemy teorii ta systematyzatsii. Kh.: Vyd. SPD FO Vapniarchuk N. M. [in Ukrainian].
5. Zadykhailo, D. V. (2012). Hospodarsko-pravove zabezpechennia ekonomichnoi polityky
derzhavy. Kharkiv: Yurait [in Ukrainian].
6. Makroekonomicheskoe regulirovanie: rol gosudarstva i korporatsiy: uchebnoe posobie / V. M. Sokolinskiy (Ed.). (2010). M.: KNORUS [in Russian].
7. Zadykhailo, D. V. (2013). Pravovi zasady formuvannia ta realizatsii ekonomichnoi polityky derzhavy. Extended abstract of Doctor’s thesis. Kharkiv [in Ukrainian].
8. Zadykhailo, D. V. (2010). Kodyfikatsiia innovatsiinoho zakonodavstva: okremi kontseptualno-pravovi pidkhody. Visnyk Akademii pravovykh nauk Ukrainy – Herald of the National Academy of Legal Sciences of Ukraine, 4 [in Ukrainian].

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14.11.2017