GOVERNMENT REGULATION OF ECONOMIC ACTIVITY IN THE MARKET OF ALCOHOL PRODUCTS

Author
, PhD. Student, Kharkiv, Pushinska, 77

In heading

 Law;

Signed print

 21.10.2016

Issues number

 2016 - № 3 (26)

Page

 236-247

Type of articles

 Scientific article

Code UDK

 346.54:663.5

ISSN print

 2411-5584

Abstract

 Problem setting. Taking into account the continuous change of the role of the government and law in the economy and the considerable scope of problematics of economic and legal frameworks of social and economic relations concerned with production and turnover of alcoholic beverages, the author focuses attention on solution of matters, which significantly influence efficiency of economic activity and the role of the government regulatory policy in this sphere, analysis of peculiarities of production and turnover of alcoholic beverages, specificity of legal relations in the industry, the legal status of its producers, etc.
Recent research and publication analysis. Scientific papers of numerous modern domestic and foreign scholars such as B. Averianov, O. P. Vikhrov, I. P. Holosnichenko, V. V. Dobrovolska, D. V. Zadykhailo, V. M. Koretskyi, V. K. Mamutov, V. H. Pylypchuk, A. O. Selivanov, S. H. Stetsenko, M. P. Strelbytskyi, O. D. Tykhomyrov, M. M. Tyshchenko, K. D. Ushynskyi, etc. are dedicated to matters of government regulation of different spheres of economic activity. The mentioned scientists consider evolution of the theory of law and economics. The authors prove that during many centuries the government regulatory role has continuously developed and evolved. Nevertheless, the scientists have taken no notice of analysis of theoretical views regarding the theoretical sense of economic and legal frameworks of production and turnover of alcoholic beverages and extrapolation of the role of the government and law in the economy to development the alcohol industry.
Paper objective. The article purpose is to determine legal forms of the government influence on economic relations in the context of needs of efficient functioning of the alcohol industry.
Paper main body. Peculiarities of the alcohol industry stipulate the necessity of economic and legal frameworks of production and turnover of alcoholic beverages. Although alcohol does not belong to a group of vital goods and excessive consumption of alcohol blights health and negatively influences welfare of a human, demand for alcoholic beverages is always high. Precisely these peculiarities stipulate a need of generalization of tendencies of the government effect on development of the industry and extrapolation to its economic and legal frameworks. Classifying a hierarchy of ways for formation of legal relations in the economic sphere and implementation of legal principles in the industry of production and turnover of alcohol in terms of descent of their sensual content and correlation between authorities and rights, the author indicates the following ways: a legal influence; legal frameworks; legal regulation of legal relations of the economic sphere in the alcohol industry.
Conclusion of the research. Thus, the author may draw the following conclusions:
1. These phenomena emerge in the industry of production and turnover of alcoholic beverages, because governments apply indirect methods rather than direct prohibition.
2. The author has determined that legal relations in the economic sphere emerging in the process of production and turnover of alcohol are relations regulated by norms of different branches of law, which arise between alcoholic beverage producers, between them and other types of business entities, between owners of such enterprises and their employees, and between public authorities and bodies of local self-governments concerning indicated objects (raw materials, alcohol, wine, land, labor, etc.) and endow their subjects with mutually casual rights and obligations in the sphere of production and turnover of alcohol.
3. The author defines the economic and legal frameworks as a process of formation of a particular institutional environment accompanied by state norms, rights and liberties, protection of property rights, providing free competition for functioning and conducing to development of business entities. The legal framework can be considered as the sensual content of a government strategy of development of the industry, economy, and society overall.
Short Abstract for an article
Аbstract. The article is dedicated to analysis of theoretical views regarding the role of the state and law in the economy and generalization of the government role in the theory of legal frameworks of the alcohol industry. The author has summarized the main tendencies of development of the theory of law in the 21st century and extrapolated them to the alcohol industry development. The article contains an author’s definition of the theoretical sense of a category «economic and legal frameworks of production and turnover of alcohol beverages».

Keywords

 Economic and legal frameworks, legal relations in the economic sphere, production and turnover of alcoholic beverages, the theory of the state and law, monopoly.

Reviewer

External reviewer

Article in PDF

 3 236-247

Bibliography

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07.09.2016