IMPROVEMENT OF THE MECHANISM OF SPECIAL REGIME OF ECONOMICAL ACTIVITY UNDER CONDITIONS OF MARTIAL LAW

Author
, PhD. Student, Kharkiv, Pushinska, 77

In heading

 Law;

Signed print

 27.06.2014

Issues number

 2014 - № 3 (18)

Page

 195-205

Type of articles

 Scientific article

Code UDK

 346.12+346.5

ISSN print

 2218-8010

Abstract

 Problem setting. Economic system of our state requires improvement and creation of the effective mechanism for legal regulation of economic relations including conditions for businesses under the special restrictive legal regimes.
At the moment there are several statutory acts in Ukraine regulating economic legal relations during such periods. In addition to the Part 8 “Special Regimes of Economical Activity” of the Economic Code of Ukraine, legal rules regulating restrictive regimes are also set forth in the laws of Ukraine: “On the legal regime of emergency” of March 16, 2000; “On the legal regime of martial law” of April 6, 2000; “On ecological emergency zone” of July 13, 2000; “On preparedness activity and mobilization” of October 21, 1993. But current legislation in question is outdated and does not meet the actual situation that necessitates the development of legislation in this sphere.
Recent research and publications analysis. The problem of special legal regimes operation in various aspects is analyzed in the works of A. H. Bobkova, O. V. Butkevych, O. R. Zeldina, L. V. Taran. V. K. Mamutov, and others. But the main attention in these researches is given to the promotional special regimes, e.g. free economic areas, while issues of economic relations regulation under emergency regimes considering in this article have not been in the focus of scientists’ attention yet.
Paper objective. The objective of the article is to analyze current legislation in the mentioned sphere and to work out propositions as to improvement of mechanisms of legal regulation of businesses’ economic activity during the imposition of martial law regime as one of the restrictive special legal regimes.
Paper main body. The problems of legal regulation of organization and realization of economic activity under martial law were studied. System analysis of the current legislation in question allowed us to reveal a number of unsettled problems, identify weak points and gaps and suggest possible solutions. In particular it is necessary to work out rules regulating legal entity management, providing enterprises with raw materials base; to determine the nature of such economic activity — administrative or marketable, and legal status of an enterprise; to provide the procedure of assets exemption and simplify its restitution, etc.
Conclusions of the research. Existing normative base only partly regulates problems that businesses are facing or may face in future, legislative regulation of doing business under emergency regimes is significant and topical issue that needs scientifi c development of mechanisms for legal regulation in the specified situations.

Keywords

 Special regime, special regime of economic activity, state of martial law regime, problems of law enforcement, systematization of legislation.

Reviewer

External reviewer

Article in PDF

 3 195-205

Bibliography

 none

Code DOI

This post is also available in: Ukrainian

03.06.2014