THE SENSE OF ECONOMIC ACTIVITY SELF-REGULATION AND ITS CORRELATION WITH STATE REGULATION |
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Author |
 Hovorun O. V., PhD. Student, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
26.12.2014 | Issues number |
2015 - № 1 (20) | Page |
193-203 |
Type of articles |
Scientific article | Code UDK |
346 | ISSN print |
2411-5584 |
Abstract |
Problem setting. The formation of a self-regulation concept is related to processes of the economic liberalization and the deregulation of an economic activity. At the same time, the self-regulation is considered to be an auxiliary or independent element of the state regulative impact on an economic activity. Recent research and publications analysis. Important theoretical issues of providing the economic activity deregulation and the application of some means of the state regulative impact on an economic activity are thoroughly considered in papers of many economists, among which are O. M. Vinnyk, D. V. Zadykhailo, V. K. Mamutov, V. M. Pashkov, O. P. Podtserkovnyi, V. A. Ustymenko, and V. S. Shcherbyna. Nevertheless, an activity of self-regulating organizations has not been subject to complex scientific researches. Paper objective. The paper objective is to research peculiarities and the sense of an activity of self-regulating organizations under conditions of the national economy deregulation. Paper main body. Peculiar properties of the legal self-regulation (as a form of the individual legal regulation) encompass an equal position of economic entities, the autonomy of their will, the self-dependent property responsibility, the absence of the state interference, and the independence of decision-making by subjects of law according to the principles of law. The self-regulation is performed not only under conditions of the consolidation of business entities into self-regulating organizations. The civil law indicates that the self-regulation may be performed: а) within a legal entity; b) with the use of a legal entity being a self-regulating organization; c) on the basis of an economic and legal agreement. The self-regulation is divided into voluntary, delegated, and mixed one. The mixed self-regulation contemplates that only a share of functions is delegated to selfregulating organizations, and a state mainly possesses compulsory authority. Conclusions of the research. There are two conceptual approaches to defining the correlation between the state regulation and the self-regulation: 1) the self-regulation is considered to be the continuation of the state regulation; 2) the self-regulation is contrasted with the state regulation. A definition of the self-regulation as an alternative to the state regulation is more reasoned. Self-regulating organizations obtains an opportunity of the self-regulation of relations in a certain field, and a state abandons to regulate certain relations. Since self-regulating organizations perform socially beneficial functions, the self-regulation should be considered to be a principle of the organization of interaction between a state and economic entities through the maintenance of the balance between public and private interests. |
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Keywords |
Self-regulating organization, economic self-regulation mechanism, state regulative impact. | ||||
Reviewer |
D. V. Zadykhailo, Doctor of Legal Sciences, professor, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. | ||||
External reviewer |
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Article in PDF |
1 193-203 | ||||
Bibliography |
none | ||||
Code DOI |
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27.11.2014