ECONOMIC ACTIVITY DURING EXTRAORDINARY ECOLOGICAL SITUATION LEGAL REGIME OPERATION |
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Author |
 Serhieieva N. S., PhD. Student, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
22.05.2015 | Issues number |
2015 - № 2 (21) | Page |
196-206 |
Type of articles |
Scientific article | Code UDK |
346.12+346.5 | ISSN print |
2411-5584 |
Abstract |
Problem setting. Among other important tasks of Economic Law in Ukraine special attention should be given to the problem of improvement of legal regulation of economic relations at the time of the special restrictive legal regimes operation. Taking in account the present-day situation the legal regime of extraordinary ecological situation which is the subject of this research requires more effective regulatory mechanisms Recent research and publications analysis. The problem of special legal regimes in various aspects is analyzed by A. H. Bobkova, O. V. Butkevych, O. R. Zeldina, L. V. Taran, etc. But these researches are devoted to the promotional special regimes, while issues of emergency regimes in terms of economic law have not been in the focus of scientists’ attention yet. Paper objective. The aim of this article is to analyze current legislation and to work out propositions as to improvement of mechanisms of legal regulation of businesses’ economic activity during the operation of extraordinary ecological situation legal 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 legal regime of extraordinary ecological situation were studied in the 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. In particular, as a result of the analysis of the Law of Ukraine «On ecological emergency zone» the issue of proper protection of rights of individuals as well as legal persons was brought up since the procedure of realization of the measures mentioned in the law is not provided for by the legislature. Thus, there is an urgent necessity to work out legislative proposals directed at carrying out of measures provided for by Art.10 of the Law. Conclusions of the research. Analysis carried out in this work leads to the conclusion that existing normative base only partly regulates problems arising in the case of extraordinary ecological situation. Hence, legislative regulation of doing business under emergency regimes is significant issue that needs scientific development of legislative mechanisms for legal regulation in the specified situations. |
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Keywords |
Special regime, extraordinary ecological situation regime, systematization of legislation, extraordinary legal regime. | ||||
Reviewer |
Jarocki V. L., doctor of legal Sciences, Professor, member-correspondent of national Academy of Law of Ukraine, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. | ||||
External reviewer |
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Article in PDF |
2 196-206 | ||||
Bibliography |
none | ||||
Code DOI |
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19.03.2015