SPECIAL REGIME OF ECONOMICAL ACTIVITY UNDER CONDITIONS OF EMERGENCY STATE: IMPROVEMENT OF THE MECHANISM OF LEGAL REGULATION |
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Author |
 Serhieieva N. S., PhD. Student, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
24.10.2014 | Issues number |
2014 - № 4 (19) | Page |
159-169 |
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 But current legislation in the sphere of the problematic under consideration in this research is outdated and does not meet the actual situation that necessitates the development and improvement of legislation in this sphere.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 the present work 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 emergency state 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 the state of emergency were studied in the given paper. Systematic analysis of the current legislation governing legal relations involved allowed to reveal a wide range of unsolved problems, identify significant deficiencies and weak points and to suggest possible solutions. Particularly with relation to the problems concerning operation of enterprises under the state of emergency 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. The legislation must also specify the respective authorized bodies and their powers, property mobilization procedure, order of its utilization, compensation of expenses procedure, appeal of actions of bodies empowered to carry out economical mobilization, etc. Conclusions of the research. Existing normative base only partly regulates problems that businesses are facing or may face in future in the case of imposition of emergency state, legislative regulation of doing business under emergency regimes is significant and topical issue that needs scientific development of legislative mechanisms for legal regulation in the specified situations. |
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Keywords |
Special regime, special regime of economic activity, state of emergency regime, problems of law enforcement, systematization of legislation. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
4 159-169 | ||||
Bibliography |
none | ||||
Code DOI |
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19.09.2014