STIMULATING LEGAL REGIME OF ECONOMIC ACTIVITY WITHIN THE SYSTEM OF ECONOMIC LAW: CONCEPT AND RELATIONSHIP WITH SPECIAL ECONOMIC REGIME

Scientific approaches to delineating the stimulating legal regime of economic activity as a key element of the special economic regime within the framework of Economic law are substantiated. A definition of the stimulating legal regime of economic activity is proposed as a system of legal norms aimed at regulating economic relations through the use of a complex of legally stimulating means, which pursue the goal of creating conditions for the implementation of state economic policies along its priority directions in a manner that ensures sustainable development of the state and society. Drawing upon theoretical developments within the field of Economic law, it is proposed to recognize the stimulating legal regime of economic activity as a sub-institute within the institution of the special economic regime, highlighting its structure. It is argued that the subject of the stimulating legal regime of economic activity, as a component of the special economic regime, is characterized by a certain specificity. Approaches prevalent in the economic-legal literature for defining the scope of the special economic regime, namely as parts of the state's territory, individual economic sectors, or types of economic activity, are deemed inappropriate for identifying the subject of the stimulating legal regime of economic activity. Particularly, the position is advocated that the scope of the stimulating legal regime of economic activity should encompass economic entities. It is argued that in order to achieve the objectives of the special legal regime of economic activity as a whole, and specifically the stimulating legal regime of economic activity, certain legal constructs developed within the corresponding institutions of economic law acquire particular features, which are enshrined in the legislative acts of Ukraine. Within the framework of the stimulating legal regime of economic activity, legal conditions are integrated into the content of economic contracts, which reflect means of state regulatory impact on economic activity (e.g., conditions related to state support) or determine the extent of guarantees of the rights of economic entities against potential changes in legislation, thereby creating regulatory safeguards. Emphasis is placed on the coordinated operation of legal norms constituting the content of the stimulating legal regime of economic activity, achievable through adhering to legal principles during the construction of specific legal constructs.