LEGISLATIVE REGULATION OF RELATIONS IN THE ECONOMIC SPHERE: A COMPARATIVE AND LEGAL ASPECT |
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Author |
 Ostapenko Yu. I., assistant, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
27.05.2016 | Issues number |
2016 - № 2 (25) | Page |
133-148 |
Type of articles |
Scientific article | Code UDK |
346.13.(094) | ISSN print |
2411-5584 |
Abstract |
Problem setting. A matter of providing interaction between norms of the Ukrainian and foreign law is of considerable importance. To achieve this goal, it is expedient to determine general frameworks of legal regulation of the economic activity. These matters are not only of theoretical, but also of practical importance, since providing synthesis of juridical knowledge and legal systems remains one of the main aims of the law. That is to say, analysis of the latter is the substantiated necessity for prognostication of tendencies of the commercial legislation development. Recent research and publications analysis. Russian scientists, namely V. V. Bezbakh, M. N. Kuznetsov, M. H. Masevich, M. P. Mozolnyi, V. H. Ulianishchev et al. have significantly contributed to analysis of history of systematization of economic law sources. In Ukraine, this problematics has been researched by representatives of the Donetsk school of law, particularly V. K. Mamutov, H. L. Znamenskyi, P. H. Skrypnyk, V. A. Ustymenko. O. M. Vinnyk and D. V. Z adykhailo also have done researches aimed at development of the science. Nevertheless, these scientists have not pay considerable attention to the history of economic law formation, the influence of the latter on systematization processes of its regulation and modernization of the economic legislation in general. Paper objective. An article purpose is to indicate legislative experience of organizing and the structure of legal and legislative regulation of economic relations as those focused on the very commercial activity. A private and legal component of such regulation is organized on the monistic basis in some countries and one the dualistic basis in others. The private and legal component is based on the administrative and legal basis or as a whole on the economic and legal basis. Thus, there is a matter of correlation of national editions of lawmaking and requirements of a current stage of development of the very regulation subject — commercial relations of social and capitalistic actualization of the legal economic order as the legal value. Paper main body. Since system nature is inherent to economic relations, they can be characterized as a single organic object of legal and legislative regulation. However, the traditional structure of the law and legislation divide this object into separate branches and sub-branches of the law and legislation according to a set of criteria. As is known, symbiosis of a subject and financial, agricultural, natural resource, private, and public methods of regulation is a key structure- creating criterion for the law. It should be taken into account that such structuring is different in various countries and legal systems. Therefore, economic legislation is systematized sources of the law, which regulate economic relations between entities of the private as well as public law. A peculiarity of the economic law as an independent branch consists in complex nature, which is stipulated by close interdependence of public and private as well as private and legal mechanisms of regulation in this sphere and by existing branch and functional and complex components of a single mechanism of economic relation regulation. Conceptions of legislative regulation of economic relations in different countries consist of various components — systematized normative and legal acts or legislative sources. However, existence of micro- and macroeconomic relations resulted in unification of the legislative regulation basis at the macro-level. Although the economic legislation is based on norms and principles of public as well as private law, it also comprises unique legal systems. A tendency of rapprochement of norms regulating the economic activity in various countries is inherent to these legal systems. Integrational processes observed in the economy inevitably infringe strengthening «single vision» in the law of various countries. Blurring of distinctions in legal regulation systems is a result of this process. Legal integration processes occur due to the necessity of development of relations between economic entities of different countries, liquidation of hindrances in the national law, which restrain development of such relations. These components and their interaction are the most important elements of economic relation regulation. The necessity of analysis is stipulated by the fact that further development of systematization processes in one or another economic system depends on a type of economic complex, to which a source is belonged. A matter of providing the interaction between norms of the Ukrainian and foreign economic law is also significant. The author suggests determining general frameworks of legal regulation of the economic activity in order to settle this matter. These matters are not only of theoretical, but also of practical importance, since providing synthesis of juridical knowledge and legal systems remains one of the main aims of the law. That is to say, analysis of the latter is the substantiated necessity for prognostication of tendencies of the commercial legislation development. Conclusions of the research. 1. There is a problem of complex legislative regulation of an economic system as a single mechanism in the current economic dimension. A similar property is also inherent to the economic legislation. The economic legislation contains a general mechanism for regulation of organizational and economic as well as economic and productive relations. Obviously, an economic system as an object of legal regulation in many types of a macro-legislative order requires formation of complex mechanisms, which, in turn, will consist of economic and legal, agrarian and legal, financial and legal, natural resource, and other components of regulation. The author may suppose that certain macro-objects of legal regulation should form a complex single regime of legal regulation. These complex and inter-branch macro-objects comprise information, the economic activity, health protection, etc. 2. Processes of development of the law and its branches are similar to processes of development in other spheres of the vital activity. New models of legislative support of the economy substitute former ones. These new systems are improved or principally new systems, which are enhanced owing to own historical experience as well as the experience of more developed countries, where the law of the Roman and Germanic group is applied. 3. Thus, having researched the correlation of subjects of business, commercial, economic, and similar branches of the law and legislation, the author has substantiated inevitability of formation of inter-branch complexes in the system of legislation and law. In turn, these complexes are intended for creation of comprehensive legal support for peculiarly topical macro-objects. That is to say, the author may assert that the commercial law and legislation are logic results of development of the legislation in the sphere of economic relations. Short Abstract to an article Abstract. The article considers matters of historical experience of organizing a legislative system, particularly structuration of branches aimed at regulation of economic relations. The author has researched the correlation of subjects of business, commercial, economic, and similar branches of the law and legislation, using the comparative method. The author has substantiated inevitability of formation of inter-branch complexes in the system of legislation and law. In turn, these complexes are intended for creation of comprehensive legal support for peculiarly topical macro-objects. The author determines that the commercial law and legislation are logic results of development of the legislation in the sphere of economic relations. |
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Keywords |
Economic legislation, macroeconomic legislation, microeconomic legislation, commercial legislation, branch complexes of commercial legislation, functional complexes of commercial legislation. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
2-133-148 | ||||
Bibliography |
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Code DOI |
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19.04.2016