国家外商投资政策形成的行政和法律支持机制

H.Y. Puzanova
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摘要

本文致力于界定国家对外投资政策形成的行政和法律支持机制的本质。在这种情况下,公共政策的形成阶段应该与实施阶段分开考虑,因为它有自己的特点。本研究的目的是确定外商投资国家政策形成的行政和法律支持机制的实质及其构成要素,并对这一概念给出作者的定义。研究方法。为了实现这一目标,既使用了一般的科学研究方法(辩证、分析、综合、结构-功能),也使用了特殊的方法(逻辑、法律、比较法)。在研究过程中,明确了影响外商投资国家政策保障机制形成的客观因素和主观因素。影响外商投资国家政策形成的客观因素包括:投资关系的经济性质;乌克兰的地理和文化特征。主观因素包括:全球化和国际金融机构的活动;政治力量的活动;民间社会机构的活动。主观因素,根据形成的领域分为外部(第一个)和内部(后两个)。认为国家对外商投资政策具有以下特点:一方面要以现行立法为依据,考虑经济规律;旨在建立、确保和保持良好的投资环境,特别是国民经济的增长;考虑到投资关系的国际法、公法和私法组成部分。结论。通过对现有学者关于国家对外投资政策在各个国家运作领域的机制性质和构成要素的观点的研究,可以将国家对外投资政策的行政和法律支持机制分为以下几个部分:主观性、实践性、方法论、功能性。
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MECHANISM OF ADMINISTRATIVE AND LEGAL SUPPORT FOR FORMATION OF STATE POLICY OF FOREIGN INVESTMENT
This article is devoted to defining the essence of the mechanism of administrative and legal support for the formation of state foreign investment policy. In this case, the stage of formation of public policy should be considered separately from the stage of implementation, as it has its own characteristics. The purpose of the study is to determine the essence of the mechanism of administrative and legal support for the formation of state policy of foreign investment, its elements and provide an author’s definition of this concept. Research methodology. To achieve this goal, general scientific research methods (dialectical, analysis, synthesis and structural-functional), as well as special methods (logical, legal, comparative law) were used. In the course of the research, objective and subjective factors of influence on the formation of the mechanism of ensuring the state policy of foreign investment were identified. The objective factors influencing the formation of state policy of foreign investment include: the economic nature of investment relations; geographical and cultural features of Ukraine. Subjective factors included: globalization and the activities of international financial institutions; activities of political forces; activity of civil society institutions. Subjective factors, depending on the field of formation were divided into external (the first of these) and internal (the last two). It is established that the state policy of foreign investment has such special features as: at the same time should be based on current legislation and take into account the laws of economics; aims to establish, ensure and maintain a favorable investment climate, in particular, and the growth of the national economy in general; take into account international law, public law and private law components of investment relations. Conclusions. Studying the existing views of scholars on the nature and elements of the mechanism of state foreign investment policy in various spheres of state functioning, the following components of the mechanism of administrative and legal support of state foreign investment policy, which can be combined into blocks: subjective, practical, methodological, functional.
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