关于乌克兰国家治理和经济活动管理的监管框架问题

S. Bevz
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引用次数: 0

摘要

本文的目的是考虑乌克兰国家治理和经济活动管理的监管框架的相关框架的概念,这种框架适用于其有效性的关系的性质。运用形式逻辑的方法:分析、综合、归纳、演绎、类比、概括。作者在对“立法框架”和“监管框架”概念进行综合和概括的基础上,分析了“立法”和“框架”的概念。对国家治理与经济活动管理的关系进行了演绎界定。结论是关于国家活动有关方向的管理框架在应用诱导方面的有效性。该意见表示,立法框架只应包括乌克兰的法律和乌克兰最高拉达批准的国际协定,这些协定的同意对乌克兰最高拉达具有约束力。结果和结论。它强调需要界定“管理框架”、“立法框架”、“法律框架”等术语的界限。后两个概念的比例可以通过“立法体系”和“法律体系”概念的类比来确定。作者提请注意,界定国家治理和经济活动管理的监管框架所涵盖的关系范围的原则是对这种活动的主体——国家的理解,国家被赋予了权力和经济法律人格。首先是国家治理,其次是国家管理。因此,相关的监管框架统一了决定国家行为规则的来源-权力主体和国家-具有经济法律人格的主体。会议还强调,乌克兰国家治理和管理经济活动的管理框架的质量取决于经济活动领域国家管理政策的适当执行,主要是有关政策的原则。乌克兰法律“关于经济活动领域的国家管理政策原则”规定:方便、适当、效率、平衡、可预测性和考虑到公众舆论。后者可以作为经济活动领域的监管行为的标准,与之不符表明此类法律行为的质量较差,难以接受。同时,监管行为的质量反映了国家监管政策的整体水平,以及国家对经济活动治理的应用效果。作者的结论是,为了消除对同一问题通过管制法的做法,有关立法应首先与随后的编纂相结合。管理经济,特别是组织和经济关系的规范性行为应在《乌克兰经济法》内编入法典,管理行政关系的规范性行为应在特别法和今后的《行政程序法》中编入法典。
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ON THE ISSUE OF REGULATORY FRAMEWORK FOR STATE GOVERNANCE AND MANAGEMENT OF ECONOMIC ACTIVITIES IN UKRAINE
The aim of this article is to consider the regulatory framework of state governance and management of economic activity in Ukraine the notion of relevant framework, the nature of the relations that such framework applies its effectiveness. The methods of formal logic are used: analysis, synthesis, induction, deduction, analogy, generalization. The author analyzes the notion of “legislative” and “framework”, based on she synthesizes and generalizes her own vision of the concepts of “legislative framework” and “regulatory framework”. Relationship about state governance and management of economic activity is delimited deductively. Conclusions are drawn about the effectiveness of the regulatory framework of the relevant direction of State’s activities with applying induction. The view expressed that the legislative framework should be included only laws of Ukraine and international agreements ratified by the Verkhovna Rada of Ukraine, the consent of which is binding on the Verkhovna Rada of Ukraine. Results and conclusions. It is emphasized on the need to delimit the terms “regulatory framework”, “legislative framework”, “law framework”. The ratio of the latter two concepts can be determined by analogy between the concepts of “system of legislation” and “system of law”. The author draws attention to the fact that the principle of the definition of the range of relations covered by the regulatory framework for state governance and management of economic activity is the understanding of the subject of such activity – the state, which is endowed with both powers of authority and economic legal personality. At first case, it is state governance, at second – state management. Therefore, the relevant regulatory framework unites sources that determine the rules of conduct for the state – the subject of power and the state – a subject with economic legal personality. It was also emphasized that the quality of the regulatory framework of state governance and management of economic activity in Ukraine depends on the proper implementation of the state regulatory policy in the field of economic activity, primarily the principles of the relevant policy. They defined by the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”: expediency, adequacy, efficiency, balance, predictability and take into account of public opinion. The latter may serve as criteria for regulatory acts in the field of economic activity, the discrepancy with them is indicates the poor quality of such legal act and the inexpediency of acceptance. At the same time, the quality of regulatory acts indicates the level of state regulatory policy as a whole, and their application effectiveness of state governance of economic activities. The author made a conclusion that in order to eradicate the practice of adopting regulatory acts on the same issues, relevant legislation should be primarily incorporated with subsequent codification. Those regulatory acts that management economic, in particular, organizational and economic relations, shall be codified within the Economic Code of Ukraine, those acts that govern administrative relations – in a special law and future Code of Administrative Procedures.
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