THE GOVERNMENT LEGISLATIVE POLICY REGARDING IMPROVEMENT OF THE PUBLIC REGULATION MECHANISM

Author
, PhD. Student, Kharkiv, Pushinska, 77

In heading

 Law;

Signed print

 27.05.2016

Issues number

 2016 - № 2 (25)

Page

 230-246

Type of articles

 Scientific article

Code UDK

 346.656

ISSN print

 2411-5584

Abstract

 Problem setting. According to the Law of Ukraine «On Frameworks of Public Regulatory Policy in the Field of Economic Activity», the public regulatory policy in the economic field is a government policy direction aimed at improvement of legal regulation of economic relations as well as administrative relations between regulatory agencies or other government agencies and business entities, prevention of passing economically
inexpedient and inefficient regulatory acts, the decrease of government interference in the business entities activity, and elimination of obstacles for economic activity development. Nevertheless, from the point of view of some scientists, the legislative basis regarding legal regulation of the Ukrainian economy is not sufficient for development of entrepreneurship as well as strengthening its economic security. Neither of the national, regional, or local strategic program documents contains legal frameworks and mechanisms of providing
economic security of entrepreneurship. The domestic legislation does not guarantee appropriate physical protection of entrepreneurship. Moreover, there are many imperfections of the normative and legal basis, particularly absence of the appropriate consequence and systemacy of the law-making activity of government agencies, the legal vacuum or indefiniteness of some matters related to entrepreneurship regulation.
Recent research and publications analysis. Problems of providing public regulation of the economic activity were examined by domestic economists such as O. M. Vinnyk, O. P. Vikhrov, V. V. Dobrovolska, D. V. Zadykhailo, H. L. Znamenskyi, V. K. Mamutov, V. M. Pashkov, V. V. Reznikova, V. A. Ustymenko, V. S. Shcherbyna, etc. However, the above-mentioned researches do not consider this matter in the context of a legislative policy.
Paper objective. An article objective is to research the legislative policy regarding improvement of the mechanisms for public regulation of the economic activity and analysis of directions of the regulatory influence of the government on the economic activity.
Paper main body. Improvement of the mechanism for public regulation of the economy consists in changes of corresponding functions constituting a particular set of actions aimed at achievement of certain goals that face the government. All the functions, which capture the essence and a social purpose of the government, correlate with conditions, under which the government has to function. Evolution of the economic function of the government is undoubtedly concerned with assuming qualities of distinct regulatory actions under market conditions. The author determines adequate correlation between the public regulation of the economy and self-regulation being inherent to a market (the author means the deviation from total regulation within the command system). The author determines a level of centralization and decentralization in managing economic processes and formation of an effective mechanism of regulation under diversity of ownership forms.
Consequently, the mechanism of legal support is an inherent component of the legislative policy regarding improvement of the mechanism of public regulation of the economic activity.
Since all the above-mentioned measures of the public regulation of the economic activity are, or at least should be, legally fixed and substantiated, the author may confirm the legal essence of the considered concept.
In addition, the legislative basis is the main instrument of exercising control in the economic field. The government agencies determine legal norms of performing the economic activity through a legislative initiative. The legal norms can be permission as well as prohibition.
Conclusions of the research. Thus, the public support of the economic activity is a specific form of the public regulation of the economy containing a positive estimate of the business entities activity, which is applied in order to stimulate the rational activity and is expressed in the form of certain material and moral measures.
A concept «government support» should include government preferences, since this concept may encompass a subject being broader than preferring certain business entities (these preferences provide more beneficial conditions for the activity through transferring property or providing property benefits).
Forms of the government support for the national economy can be classified into the following categories: a) forms of the government support can be legal, economic, and organizational; b) forms of the government support can be tangible or intangible; c) forms of the government support can be free of charge (e.g., in the form of budget subsidies) as well as payable (e.g., budget crediting); d) forms of the government support for business entities can be divided into direct and indirect ones.
Short Abstract for an article
Аbstract. The author researches specificity of the public regulation of market relations in the context of the government legislative policy. The author considers development of the normative and legal support of the public regulation.

Keywords

 Legislative policy, public regulation mechanism, measure and instruments of public regulation.

Reviewer

External reviewer

Article in PDF

 2-230-246

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11.05.2016