Economics and Law

3-12

Authors: T.S. Hudima

The legal status of the National Bank of Ukraine (NBU) is investigated. Based on the analysis, it is substantiated that the NBU can be considered as a state-owned entity (possibly, unitary), which is restricted in providing paid services in the banking market (in particular, it cannot provide the full range of paid services specific to a commercial bank ) and entity, which the state delegated the respective management and control powers to carry out the functions, enshrined in Art. 99 of the Constitution of Ukraine and Articles 6, 7 of the Law of Ukraine "On the National Bank of Ukraine". It is proved that imposing restrictions on conducting commercial operations in the banking market creates prerequisites for elimination by the NBU of possible anti-competitive influence on other economic entities — participants of the banking market. It is argued that the institute of delegation of authority, as a well-known to legal system of Ukraine as a tool for delegating authority from one entity to another, can be used to confer on the NBU (as economic entity) with a range of state powers in those areas of public relations, which currently fall within the competence of the NBU. The use of the institute of delegation of authority will lay the foundations for the formation of the legal status of the NBU by the legal methods and means currently existing in the legislation and the legal theory of Ukraine. Although the phrase "delegation of powers" is mentioned in both the Constitution of Ukraine (Articles 118, 119, 138) and the laws of Ukraine (in particular, the Law of Ukraine "On Protection of Economic Competition"), however, for the purposes of economic science the common understanding of this phrase it is absent, especially with regard to the legal basis and features of the delegation of powers to economic entities. This stipulates the objective need to make appropriate amendments to the text of the Economic Code of Ukraine. Given that relations between the state and economic entities require clear, balanced and extraordinarily prudent legal regulation, which, on the one hand, should promote free business and, on the other, should enable the state to influence these processes in order to achieve universal (public) goals, the legal status of the NBU is determined by the Constitution of Ukraine and special legislation needs clarification. Specification of legal status, in turn, will improve the mechanism of implementation of the legal responsibility of the NBU, provided for in Art. 64-1 of the Law of Ukraine "On the National Bank of Ukraine". In particular, it would be expedient to provide for the provision that the state is responsible for the obligations of the NBU that have arisen in connection with the exercise of the state’s delegated powers and for the obligations arising as a result of the implementation of its own business activity, the NBU is responsible its own property.

24-31

Authors: V.V. Poiedynok

On February 6, 2018, the Law of Ukraine No. 2275-VIII "On the Companies with Limited and Complementary Liability" was adopted. Quite unexpectedly, the legislator chose to decide therein on a totally unrelated matter, repealing Art. 207 of the Economic Code of Ukraine. Section 2 of the said article had provided some minimal possibilities of challenging unfair terms in business contracts. For the present moment, businesses in Ukraine, first and foremost small- and medium-sized ones, actually enjoy no protection against onerous or discriminatory contract terms, not being covered by consumer protection legislation. We heavily criticize the situation und undertake the analysis of the respective provisions of the UNIDROIT Principles on International Commercial Contracts (UNIDROIT, fr. Institut international pour l’unification du droit privé), the Principles of European Contract Law and the national legislation of Australia, New Zealand, United States of America, Great Britain, France, Germany and Sweden. We identify three approaches to treating unfair terms in business contracts: 1) businesses are explicitly treated as consumers for the purposes of legislation; 2) there are discrete controls of unfair terms in business contracts; and 3) pro-active preventive measures exist to bar the use and dissemination of unfair practices. The results of the research highlight the global recognition of the issue, that therefore needs to be addressed promptly by the Ukrainian legislator. A protection should be granted against any contractual term which has not been individually negotiated if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract. I adhere to the unified regime of dealing with unfair terms in business contracts as well as consumer contracts. The uniform "fair and reasonable" test should apply in both instances though naturally they may apply somewhat differently in a business context, the courts exercising more restrictive and rigorous approach. The courts are, inter alia, to take into account the size of the business, and whether it makes transactions of the kind in question regularly or only occasionally, in assessing the fairness of the terms complained of.

45-59

Authors: V.K. Malolitneva

The article is dedicated to the essence of the principle of proportionality in public procurement, which was determined by the several categories, in particular 1) the category of limitation of the contracting authority’s discretion at all stages of procurement, including the execution of the public contract. It means that every time the contacting authorities make a choice within the procurement procedure, they have to choose a measure that corresponds to the goal of the procurement avoiding the restriction of competition and excessive requirements for economic operators which create barriers in taking part in procurement and therefore infringe the principle of non-discrimination; 2) the category of coordination of actions of the legislator in terms of defining the legal framework for public procurement with the economic and legal purpose of such procurement; 3) the category of determining the limits of possible restrictions on competition which are stipulated by public interests. The principle of proportionality ensures the balance not only between the interest of contracting authorities and economic operators but also the public interests, namely the taxpayers, which often become the aim for which competition may be restricted in procurement. Given that principle of proportionality may act as an additional guarantee for the protection of economic operators against discriminatory requirements that are excessive or not objectively justified, the author suggests to define in the article on the qualification criteria in the Law of Ukraine "On Public Procurement" that such criteria should meet and be proportionate to the nature, volume and complexity of the goods, works and services that are the subject-matter of the procurement. The article gives special consideration to the role of the proportionality principle in the pursuit of horizontal objectives in public procurement. The author concludes that in order to provide an opportunity to successfully pass the proportionality test in determining the boundaries of horizontal policy implementation, public procurement should be recognized as a potential means of state regulation of the economy and the achievement of the relevant economic policy goals of the state. The article provides an in-depth analysis of the cases of the Antimonopoly Committee of Ukraine as an appeal body in public procurement on disproportionate qualification criteria in tender documents and procurement procedures. The author comes to the conclusion that often too formalized approach during the evaluation of tender offers according to the requirements in tender documentation could lead to situations when the main aim of the procurement, namely to deliver best value for money, is not achieved. In this context, the article provides arguments how the principle of proportionality could solve this problem. In addition, the author pays attention to the national courts as well as the Court of Justice of the European Union practice on proportionality issues in public procurement.

72-80

Authors: R.S. Kirin

The article is devoted to the analysis of approaches to determining the place of Law on the Bowels of the Earth in the systems of other branches of Law. The author presents the level structure of the Law on the Bowels of the Earth system based on the principles of differentiating the type of deed with respect to the subsoil (use, protection, safety) for the clan branches and the type of the Bowels of the Earth resource (mineral, geological, underground, geo-energetic), for direct industries. It is proposed to consider Law on the Bowels of the Earth as one of the direct industries of the 1st level in the external structure of the Environmental Law system, and as a general industry of the 2nd level of the internal structure of the system in which the clan branches of the 2nd level are distinguished (Supra-Resource Law, Supra-Defence Law, Subsurface Safety Law) and direct industries of the 2nd level (Mining Law, Geological Law, Underground Law and Geoenergy Law). Schematically, the peculiarity of the formation of the special parts of the patrimonial and direct sectoral elements of the structure of the system of Law on the Bowels of the Earth is that the former are formed by a vertical branch, the latter by a horizontal one. The construction of the newest structure of the system of Law on the Bowels of the Earth is based on the principles of differentiation of the type of activity (use, protection, safety) for generic industries and the type of Bowels of the Earth resource (mineral resources, geological, underground, geo-energy) — for direct industries. The evolution of the research of the features of constructing a sub-legal system shows that the basis for the substantive distinction between Law on the Bowels of the Earth and Mountain Law should be based on the definition of the qualitative homogeneity of their constituent elements. Details of systems of such direct sectoral subsurface elements as Mining and Geological Law are presented. Further scientific research should consolidate the above provisions based on the disclosure of the types, nature and content of both the Bowels of the Earth activities and their objectsubject composition.

90-99

Authors: M.V. Melnykova, Ye.S. Hradoboyeva

The principle of "quantity — quality — cost of services" in the housing and communal sphere of the city and the conditions for its realization in this article was considered. The features of the housing and communal sphere of the city were determined, which determine the quantitative, qualitative and cost characteristics of housing and communal services. The factors of positive and negative impact on the quantity and quality of housing and utilities were systematized. The economic and legal principles of setting tariffs for housing and communal services provided to residents of Uk raini an cities were generalized. The legislative, regulatory and legal framework for adjusting the cost of services depending on their actual quantity and quality was analyzed. The essence of the concept of "utility value of utility services" was described, which is the basis for the implementation of the principle "quantity — quality — cost of services". This principle is to achieve the optimum ratio "price (tariff) / cost", and requires consideration of factors that affect its implementation. The conditions for observance of the principle "quantity — quality — cost of services" in the housing and communal sphere of Ukrainian cities were determined. The particular attention was paid to implementing innovations for improving of the quality of water, electricity, gas and waste management services. The state of innovative activity of municipal enterprises providing utilities was analyzed. According to the results of the analysis, the low level of innovation implementation was determined, which negatively influences the implementation of the principle "quantity — quality — cost of services" and makes it impossible to ensure the optimal ratio "price (tariff) / cost". In this regard, the necessity of increasing the amount of funding from the local budget of innovative development projects, the introduction of resource-saving and energy-efficient technologies, as well as the modernization of communal infrastructure were justified. The role of associations of co-owners of apartment buildings (ACMHs) and management companies (managers of apartment buildings) in controlling the quantity, quality and cost of providing residential and communal services to consumers was emphasized. Further researches require the issue of economic and legal support for claim work by condominiums and management companies.

108-115

Authors: N.V. Vernihorova

The increasing pace of urbanization in the world makes modern cities important elements in the ecosystems of the planet. The main factor of urban development was their economic attractiveness as a center of public goods and great opportunities for market, public and economic supply. Being in an urban environment in a person automatically increases the level of needs, and these needs are fully met. Such vitality of cities for a person is conditioned by their excessive consumer functions in relation to the environment. The city can be characterized as an artificial parasitic system that requires as much natural resources as possible, leaving only waste. And most importantly, there is no limit to these needs, because that’s how the human economic system works. For the prospect of urban survival in the face of resource depletion and the great debt of humanity to the planet, it is urgent to rebuild cities into self-sufficient, productive systems. The main factors of increase of ecological footprint of cities are considered in the article. The role of land quality in the well-being of the country, the degree of yield, and therefore economic efficiency, is analyzed. The main measures and proposals for reducing the "ecological footprint" of cities are considered. The main advantages of urban agriculture are given, and recommendations are given on the implementation of ecological restructuring based on the principles of eco-urbanism and permaculture for Ukrainian cities. Priority for environmentally friendly technologies and systemic landscaping can significantly reduce the negative impact of the urban system on humans. Urban agriculture is able to significantly reduce the cost of transportation, the cost of human and material resources; to encourage the improvement of environmental conditions of the urban environment in order to expand the range of products grown.

124-139

Authors: S.K. Ramazanov, I.V. Zablodska, D.V. Zablodska

The article presents the integration model of sustainable development as a family of models for creation of integrated information systems of ecological economic and socio-humanitarian management of different socio-organizational systems and especially economic objects of technogenic character for ensuring the sustainable and viable development. The problem of sustainable development for the "hexagon" of main assets (capitals), supporting the vital activity of socio-ecological-economic systems is considered and defined: the concept of sustainable development, the system of sustainable development global dimensions, and the level of sustainable development.

3-23

Authors: K.I. Apanasenko

During last fifteen years a special body of legal norms which provide autonomic legal regulation of permissive relations in a sphere of an economic activity was formed in Ukrainian economic legislation. So it’s important to research what is the legal nature of this body of the economic legislation, to define its place in this legislation, to outline a system of sources of the legal regulation of permissive relations. The legal regulation of permissive relations in a sphere of an economic activity is provided by extensive system of sources. The main source of legal regulation is legislative acts of different levels. But nowadays there are an important and growing role of international conventions, judicial precedents of the European Court of Human Rights and Supreme Court of Ukraine. Law in a system of the permissive legislation can be classified in three blocks, there is an analogical quantity of by-laws acts. There is fundamental law for permissive legislation and special legislative acts. The author concluded on the formation of an intersectoral legal institute which regulates permissive relations in a sphere of an economic work. The author has given a scientific definition of the permissive legislation. Principles of permissive system in a sphere of an economic activity, principles of the state policy in this system, principles of an economic activity and principles of an economic system make an intensive influence on the content of the permissive legislation. The state of legal regime of some permissive documents indicates an absence of the legal certainty for subjects of appropriate permissive legal relations which exclude an effect of the principle of supremacy of law in appropriate segment of the legal regulation of permissive relations in an economy. The author proposed to supplement positions number 12 and 15 Economic Code of Ukraine. In particular the author proposed to integrate to the Code a norm about such instrument of the state regulation of an economic activity as a giving and cancellation (abolition, suspension or extension of an effect) of permissive documents.

34-38

Authors: O.O. Khudenko

The article is devoted to the powers and restraints of the Supreme Court in the adjustment of judicial jurisdiction. Judicial jurisdiction should be distinguished from judicial competence, since the latter is a generic concept that includes all the powers of the court (including the settlement of a dispute involving a judge, etc.). Judicial jurisdiction in Ukraine is divided into constitutional and general. Within the general judicial jurisdiction, economic, administrative, civil and criminal jurisdiction is allocated. The Law of Ukraine dated 03.10.2017 No. 2147-VIII, which fully updated the procedural codes, was able not only to fill in some of the gaps and to overcome the long-standing contradictions in the delimitation of judicial jurisdiction, but also to create completely new ones. Instead, the newly created Supreme Court was empowered to formulate a consistent judicial practice, including jurisdiction issues. The question is whether he will be able to concentrate the consideration of economic disputes within the courts of economic jurisdiction in such a way that he does not replace the legislator and does not violate or ignore the applicable procedural rules. It is concluded that economic jurisdiction in cases not expressly provided by procedural law can be extended for separate categories (subcategories) of disputes by the Supreme Court. The starting point should be the subject criterion (in particular, the nature of the disputed legal relationship), and the precaution should be the observance of legally established principles of division of jurisdiction. The Supreme Court should not only assert that the economic disputes belong to the economic jurisdiction, but also state the reasons for their non-civil or non-administrative nature.

49-57

Authors: О.A. Trehub

The present paper is dedicated to the research of legal regulation of biomass production and use as a source of energy. The main aim of this paper is to ground the offers for modernization of mentioned regulation based on principles and goals of sustainable development. It is shown that the role of biomass in moving towards sustainable development goals is mixed. On the one hand, biomass has significant advantages over both non-renewables and other renewables. On the other hand, unsustainable biomass production and use can negatively affect water and forest resources, biodiversity, climate, food security and agriculture. The analysis of the effective properties of legal regulation based on the provisions of the Law of Ukraine "On Alternative Energy Sources" and of the Law of Ukraine "On Alternative Fuels" is presented. The sustainability criteria for different types of biofuel established in EU legislation are considered. In particular, special attention is given to the new criteria stipulated by the Directive 2018/2001 of 11 December 2018 on the promotion of the use of energy from renewable sources. It is offered to develop and introduce in Ukraine the national sustainability criteria for biofuels produced from forest biomass considering the provisions of EU Directive and high demand for wood fuel in the country. The paper also proposes to adapt to the sustainability criteria of energy and related legislation (fo restry, land, agricultural and other). It is underlined that the introduction of sustainability criteria for biofuels can have a reverse side, associated with an increase in the export of biofuels in the European Union with their deficit in the do mestic market. In order to enhance domestic demand for sustainable biofuels, it is advisable to turn to effective stimulus, such as "green" tariff for electricity producers. The paper argues the need to establish a "green" tariff only for those biomass electricity producers that use sustainable biofuels.

64-78

Authors: T.S. Hudima

The article is devoted to the economic and legal analysis of the restrictive monetary policy of the state. It proven that modern monetary policy is conducted in violation of the principle of social equity and economic efficiency. Switching to inflation targeting (in line with the Monetary Policy Principles for 2017 and the medium term), raising the Central Bank’s discount rate and high yields of government securities all have a destabilizing effect on the public economic order and contribute to unfair redistribution. This is reflected in the reduction of lending, production development, jobs and increased migration processes. Wages that are rising against this backdrop (mainly among public sector executives) are exacerbating inequality processes in the country and are pushing for inflation, since growth is not due to productivity gains. The deepening of inequality processes, in turn, exacerbates inflationary processes and inhibits economic development. The absence of a statutory portfolio limit on government bonds owned by banking institutions and the National bank of Ukraine (NBU) leads to the overburdening of the assets of banks (in particular, state-owned ones) and the Central Bank by public debt. This, in turn, impedes the development of the capital market and lending, as well as contributes to the gradual loss of NBU control over the money supply and its own economic independence from the Government. It is found that the weakening of the principle of responsibility paralyzes the incentives for the NBU to pursue an effective monetary policy and for the economic entities (banks) to profit from innovation and efficiency. In the course of the analysis of the case law and the modern legislation, the absence of mechanisms for the implementation of its separate legal norms has been established. In this regard, ways of solving this and other problems identified during the study are proposed.

89-96

Authors: O.I. Kirian

Organization management is always a hot issue; The organization of this process is especially important in the conditions of constant changes, overcoming the crisis. The second direction in the management system, which always remains relevant, is personnel management. In the article, these issues are combined into one - it is a study of the place of personnel in the crisis management system. The urgency of the issue is in the specificity of the staff and as a resource of the organization, and as a subject of all management processes in it, on the one hand, and accelerating the continuous development and finding of domestic enterprises in a permanent state of risk of a crisis, on the other. The article notes that the majority of researchers pay attention either to the disclosure of the specifics of crisis management, or to personnel management, or to anti-crisis management of personnel. The place of the personnel in the crisis management, the effectiveness of their participation in the content and results of management, the significance is almost not considered. Therefore, the article reveals the participation of staff in each component of crisis management, its actions and the ability to cause a crisis at each stage of the development and implementation of relevant management decisions. A list of elements of crisis management, which are consistent and important in optimizing practical activities, namely, strategy, management, financial and economic activities, labour organization, marketing, information systems, manufacturing, resources and corporate culture are proposed. Each element can and is divided in crisis management at certain stages of its formation and implementation. The place of the personnel in the formation of the organization’s strategy is disclosed in more detail. This process was divided into preparatory stages (the choice of methods for assessing the state of the organization, the study of the environment and the resource base), the analysis of the organization itself (including media), and the formation of a strategy (with a choice of its content in several steps, involving a significant number of personnel). For each stage, a list of the main actions of personnel of certain departments, groups was provided; The possible ways and causes of the crisis in this process and the impact on the entire content and the result of the strategy implementation are identified It was proved that more problems arise due to the lack of a sufficient level of staff competence, the lack of interest of the whole team in its development, as well as the lack of communication between different groups of workers and between workers and management. The prevention of these and other highlighted problems not only explains the importance of personnel in ensuring effective crisis management, but also gives the heads of organizations a viable mechanism for forming personnel support for a stable enterprise.

107-114

Authors: L.V. Zharova

The research based on analysis smart city-initiatives in framework of sustainable development from to key approaches — are these initiatives can be sustainable and are they can stimulate sustainable development. The paper argues that applying variety of smart approaches in the cities, towns, local communities etc. allow to achieve economic development, attract investors, and mobilize local communities and create new jobs. The main results of research are developed methodology of community analysis and designed template for competitive map of the city (community). In particular the methodology of community analysis is a basis for policies, plans and programs through specifying goals and steps to achieve them accompanied by the description of the resources that are needed and proposal about access to these resources. The competitive map of the city that developing on bases of mentioned methodology will allow to reveal explicit and implicit competitive advantages of the territory, to choose the most needed at this stage of smarttechnology, to develop an up-to-date strategy with specific (measurable and achievable) goals. Thereby using the concept of smart cities allows cities, regardless of their size, to achieve economic development, attract investors, and mobilize local people and create new jobs. The smart platform allows to share data between all participants and stakeholders, this improves efficiency and stimulate changes. Openness to new technologies and technical solutions, despite the fact that cities are inert so they use systems and infrastructure much longer than people or enterprises, they can and must destroy these stereotypes by introducing new most effective for them technologies. Security should be a priority — network and data security, social and environmental security, and a guarantee of transparency and legality for all — residents, entrepreneurs, investors, etc. This thesis simultaneously highlights the need for confidentiality and a responsible attitude to the data. Citizen engagement and active communication will make the development of the city manageable, effective and sustainable, since the realization of all goals of sustainable development is directed at people and people. In addition, educational activities and multilateral communications will accelerate the identification and resolution of the city’s problems and provide welfare for all segments of the population.

3-16

Authors: R.A. Dzhabrailov

The cases of unequal practice of ensuring the observance of the equity principle in the sphere of social policy of Ukrai­ne are revealed. It is argued that the Constitutional Court of Ukraine, by providing an interpretation of the Constitu­tion and Laws of Ukraine on the implementation of social rights of Ukrainian citizens, defended the opposite position regarding the understanding of the grounds for the restriction or abolition of human and civil rights and freedoms. Due to the fact that the acts of the Constitutional Court of Ukraine do not have a retroactive effect in time, which significantly reduces the effectiveness of protecting the rights of Ukrainian citizens and their restoration on the equity principles, it is proposed to amend the Constitution of Ukraine, providing that laws, other acts or their certain provisions are deemed unconstitutional from the moment of their adoption and cannot produce any consequences other than those which are connected with their unconstitutionality. In the context of ensuring compliance with the equity principle in the field of taxation of income of citizens, it is proposed to amend the tax legislation of Ukraine by consolidating the provision on tax social benefits in the form of reducing the amount of taxable income to the minimum wage (in contrast to the current approach, which involves reducing the taxable amount income for a certain percentage, if such income does not exceed the subsistence minimum). In such circumstances, it is expedient to amend the Tax Code of Ukraine by providing for the provision of a tax social benefit in the form of reducing the amount of taxable income to the minimum wage. The introduction of this proposal will enable every citizen to benefit from the right to a tax social benefit at the same amount.

25-46

Authors: V.V. Reznikova, I.M. Kravets

The article is devoted to the classification of goods that are in economic circulation. The requirements for the classification of goods and their significance in modern market conditions of management are determined, which makes it possible to assess the rationality of the assortment of individual commodity groups, its conformity with consumer demand, and to plan the development of the range. By legal nature, the division of goods into several groups has been completed: "goods — property" (in this group particular attention is paid to excisable goods); "Information that is not subject to in­tellectual property rights"; "Goods — services"; "Goods — results of work". Different approaches to the term "property" in the national legislation are analyzed: Сivil Law, economic law, and also the approach developed by the practice of the European Court of Human Rights. With regard to information that is not the subject of intellectual property rights, it can be concluded that the information is materially embodied in business plans, marketing plans, investment projects, expert opinions, project proposals, reports, etc. The features of the services are distinguished in the article: the beneficial effect; inseparability from the source; unobservable, indescribable; immateriality; quality, differentiation of service quality; exclusivity; the impossibility of storing the service for the purpose of its further realization or use; inexhaustibility (regardless of the number of times it is provided, its own quantitative characteristics do not change). The article defines the criterion of the difference of work from the service. At the consumer’s cost and purpose, the goods are divided into: goods of production purpose; consumer goods; general purpose goods. Each of the selected groups is considered in detail. A detailed classification of goods and other possible criteria are proposed: on terms (terms) of use / degree of durability, in terms of tactics and strategy of promotion on the market, by type of consumption, by way of sale, by origin of goods, by channels of marketing — by significance for the national economy, on the degree of liquidity, etc.

56-63

Authors: K.O. Khrimli, O.Yu. Gostieva

The article states that the basis of legal regulation of investment activity is the legislative base of the country, which is regulated by state and regional authorities and affects investment attractiveness. The level of investment attractiveness of the country will depend on how effective the legislative system works. The authors of the article investigate the experience of legal regulation of investment activity in some foreign countries. The distribution of the studied countries is done on the same, which have a special single legal act regulating investment activity, namely: Poland, Hungary, Czech Republic, and those in which investment activity is regulated by a complex of normative legal acts, that is, the only special legislative act in such countries is non-available. These countries include Britain, Germany, France, Brazil. Summarizing the analyzed experience of foreign countries, the authors came to the conclusion that the legal regulation of investment activity affects the level of investment attractiveness of another country. For the legislation of Ukraine useful experience of Poland, the Czech Republic, Hungary, Brazil can become useful regarding the provision of foreign investments to the national regime, without limiting their activities. Also, it makes sense to borrow the experience of Germany and Hungary to grant special privileges and preferences to foreign investors, investing in depressed regions, that is, regions lagging behind their economic development.

70-77

Authors: O.R. Zeldina, O.Yu. Kurepina

The article deals with the study of the genesis of Ukrainian legislation on public or public procurement, which made it possible to distinguish legislative acts that have gradually changed the process of public procurement. The main differences between the Law on Public Procurement (currently in force) from the laws regulating procurement during the years of Ukraine’s independence are indicated, namely: increased value of the procurement subject for the mandatory application of the public procurement procedure; the number of procurement procedures from fifth to three has been reduced, namely: open tenders, which are the main procedure, competitive dialogue, negotiation procedure; a mechanism for electronic procurement and an electron system for appealing appeared; the terms of the procurement procedure were shortened; the possibility of using the electronic procurement system for tentative procurement became possible; a change in the system of public control and the prohibition of interference of citizens and public organizations in the procurement procedure; the number of types of offer security and performance of the procurement contract is reduced; the requirements to the form of the contract of purchase have been changed, if earlier the purchase law was fixed the form of the contract of purchase, then at this time the form of the contract of purchase is determined by the general legislation of Ukraine (Economic Code of Ukraine and the Civil Code of Ukraine) taking into account the specifics of the Procurement law. The authors singled out the four stages of the Ukraine’s legislation on state or public procurement from 1992 to the present. The legislation in force at the present time, characterized by a system of electronic procurement, due to the need to bring the Ukraine’s legislation with the EU legislation.

84-94

Authors: V.K. Malolitneva

Public procurement is one of the market-based instrument that could be used to achieve objectives of circular economy. The article is dedicated to circular public procurement which constitutes the special kind of "green" public procurement. Such procurement should play an important role in achieving the Sustainable Development Goals 2030, in particular Goal 12 — responsible consumption and production, which amongst the objectives determines the development of sustainable public procurement. The aim of circular procurement is to ensure that goods or materials at the end of their service life are reused in a new cycle. The author gives special consideration to the circular procurement models and the conditions under which procurement becomes circular and contributes to the achievement of sustainable development, in particular, the requirements for the design of the product, that is, technical specifications that allow the use of the product or materials in the new cycle (designed for durability, reparability and recycling), and the "circular criterion", that is, the requirements for the further processing of the product or materials after use. It should be noted that there is a tendency to make public procurement "green" in Ukraine which is mostly stipulated by the obligations under the EU-Ukraine Association Agreement. However, the progress in this direction is quite slow, because Ukraine perceives public procurement mostly as a tool for efficient use of state funds but not achieving the goals of various policies, including environmental protection and developing the circular economy. The present paper gives special consideration to the EU experience in the changing its conventional approach to procurement, which is based not on the model of sales of goods, but on the service-oriented model. The paper identifies that this experience and approach to public procurement could be valuable for Ukraine. It suggests potential ways to improve Ukraine’s legislation on the means for implementation environmental policy objectives within circular public procurement system in the context of the EU-Ukraine Association Agreement.

103-114

Authors: I.V. Zablodska, A.S. Noskova, О.M. Tatarchenko, Yu.A. Zavoyskyh

In order to ensure the well-being of the population, the united territorial communities should develop the forecast and program documents for social and economic development. To do it in accordance with the requirements of the Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine "On Approval of Methodological Recommendations on the Formation and realization of the forecast and program documents of social and economic development of the united territorial community" No. 75 dated March 30, 2016. The article presents an aggregated plan for the socio-economic development of the Lozno-Oleksandrivska territorial community for 2019-2021 in accordance with the requirements of guidelines. The vision of the Lozno-Oleksandrivska united territorial community is determined. Over the past five years the results of analytical research on the geographical location of the united territorial community, the description of adjacent territories, the demographic situation of the united territorial community, the labor market, the state of infrastructure development and dynamics and the features of socio-economic development over the past five years had been presented. It allowed determining the goals of development (economic, social and environmental) and the priorities of the Lozno-Oleksandrivska UTC development: production, investment, sportscultural and social. It was determined the main tasks / measures, the term of implementation and the sources of the plan of socio-economic development realization financing of the Lozno-Oleksandrivska united territorial community for 2019-2021 in accordance with the goals. It was constructed the mechanism of the socio-economic development plan realization of the Lozno-Oleksandrivska united territorial community and it was established a list of the socio-economic development indicators of UTC to monitor and evaluate the plan implementation.

126-132

Authors: K.I. Sieriebriak, L.A. Romanovska, D.V. Zablodska

Establishment of the factors destabilizing of enterprise financial condition is a very complex scientific and practical task that requires the use of an interdisciplinary approach, the involvement of specialists in Economics and Law. The article reflects the results of economic and legal support formation and use for establishing the factors of enterprise financial condition destabilization, which affect the non-payment of taxes, in particular value added tax. Economic and legal support in order to identify the factors of the enterprise financial condition destabilization including the economic (horizontal and vertical analysis of the company’s financial report, analysis of receivables and payables, the formula for calculating the adjustment in the Unified Register of Tax Invoices for the amount of tax) and the legal provision (Tax Code of Ukraine, Cabinet Resolution Ministers of Ukraine "Some issues of electronic administration of value added tax", the contracts for the provision of services, the acts of services rendered, the tax invoices, the receipts for the registration of tax invoice for the timing of debt repayment, accounts receivable and payable transactions, a list of completed work with a violation of the calculation period). According to the results of economic and legal support formation and use for establishing the factors of enterprise financial condition destabilization, it was determined that for violation of payment terms by contractors, as evidenced by the chronology of receivables and payables, there was a receivable, which made it impossible to fulfill the obligation of value added tax by the payer. Using of the economic and legal support for establishing the factors of enterprise financial condition destabilization is carried economic and legal support. It is allowed to establish the factors of financial condition destabilization of the real enterprise became the accounts receivable that arose owing to violation of contractual relations and incorrectness of contractual norm on establishment of calculations terms for the provided service.

143-154

Authors: A.I. Lyga

The sphere of housing and communal services in Ukraine was built during the time of the command and administrative system. For her satisfaction of consumer needs was a secondary factor. The policy of business entities in the field of housing and communal services is a monopoly policy confident in the impossibility of consumer loss. It is aimed at maximizing profits, even neglecting the quality of services and consumer rights. The article analyzes the preconditions and consequences of such a state of consumer policy of enterprises and the state in the sphere of housing and communal services. It is concluded that its grounds are not only inadequate competition in this area, but also the actual lack of a consumer rights protection system in Ukraine compatible and integrated into the relevant EU systems. Having examined the requirements of European legislation in the field of consumer rights protection, the Agreement on Association of Ukraine with the EU in this area, and changes in legislation that have to transform the housing and communal services market through increased competition, the author concludes that the current consumer policy of enterprises and the state in the sphere housing and communal services and the impossibility of its further functioning without significant reform. Changes should be based on pan-European principles, where "the consumer (his rights and needs) is at the center of any policy", while the state motivates business entities "to go beyond the mere adherence to legislation, to develop selfregulation measures, increasing their attention to customer service". Ukraine must also achieve compatibility of consumer rights protection systems with the EU. Since housing and communal services are only part of the consumer rights protection system, it is appropriate to build a bottom-up study. The author determined that the lowest component of the subsystem "Institutes of National Consumer Policy", and the "consumer self-regulation" component is the closest to the consumer. So, it is on this component that a whole system of protection of consumers’ rights in the sphere of housing and communal services should be built. For a qualitative development of the aforementioned system, it is proposed to build a complex model of self-regulation of housing and communal services enterprises through the integrated use of standards ISO 10001-10004. The author substantiates that it is the complex application of these standards that will allow to build a high-quality self-regulation system, to implement a substantial reform of the consumer protection system in the sphere of housing and communal services and to achieve EU-compatible systems in this area.

3-10

Authors: O.A. Belianevych

The article draws attention to the fact that norms-principles as specialized norms are not an independent normative basis for the emergence of economic legal relations, but they form a single regulator in combination with others - regulatory and security norms of economic legislation. The necessity of developing the doctrine of its principles, including the principle of proportionality, and their consolidation in the General Provisions of the Economic Code of Ukraine, which will direct the legal regulation of relations in the field of management, will be substantiated. Legislative consolidation of the principles of economic law, that is, providing them with the form of imperative norms, will approximate them to regulatory norms and they will serve as a means to overcome the gaps in the legal regulation of relations in the field of management through the use of analogy. The article gives a general description of the principle of proportionality and its role in ensuring legal economic order in Ukraine, the basis of which is (the order) is the optimal combination of market self-regulation of economic relations of economic entities and state regulation. Attention is drawn to the fact that state regulation of macroeconomic processes, as the only possible alternative to market fundamentalism at this time, should be based on the provision of Part 2 of Art. 19 of the Constitution of Ukraine. Since, in some cases, state regulation is carried out through the establishment of regulatory prohibitions and restrictions, the importance of the principle of proportionality for assessing the validity of those restrictions of freedom of business, introduced by the state, is substantially increased and substantially increased. The essence of the principle of proportionality is determined by the category of restrictions on the rights of participants in relations in the field of economic activity, which are established by law, based on the need to ensure public interests in the field of management, and should be dimensional with the objectives of legal regulation.

20-25

Authors: A.O. Mazalova

The article is devoted to problems of improving the content of public-private partnership (PPP) in Ukraine. The focus is on the implementation of public-private partnership projects. The issues of definition of the nature of public-private partnership are considered, problems of legal support of state-private-sector cooperation relations in Ukraine are defined and some suggestions on their elimination are proposed. It is noted that significant changes in the organization of production at the international, national and regional levels contribute to the active development of public-private partnership, which is an effective and promising instrument of economic and social development. The most widespread form of the implementation of such cooperation is a contract that has a special nature, and goes beyond the scope of the contract as a regulator of property relations. A special participant in such a contract is recognized as a power-holder — a public partner who has organizational and economic powers. Depending on the scope of application, such a contract will have different volumes and mechanisms of implementation. Taking into account the diversity of spheres of application of PPPs, such cooperation projects are conditionally divided into two groups: commercial and non-commercial cooperation, depending on the priority of such partnership — social or property interest. One of the features of the PPP is that it represents a form of individualization of a special economic regime for the solution of a particular investment project, which plays a unique public role. Therefore, it is necessary to find out what is its meaning — important or critical in each particular case.

32-37

Authors: E.S. Dmytrenko

The article deals with the peculiarities of disclosing information on the use of public funds by economic entities. The documents, which contain the main international standards of ensuring transparency and accountability of the use of public funds, realization of the right to information, budget and fiscal transparency, are analyzed. It is noted that the Laws of Ukraine "On Access to Public Information" and "On the Openness of the Use of Public Funds" regulate the mechanism of ensuring publicity, transparency and accountability of the use of public funds in Ukraine. It was clarified that the Law of Ukraine "On the Openness of the Use of Public Funds" specifies a list of subjects of disclosure of information on the use of public funds, which also includes administrators and recipients of state and local budgets, state and municipal entities. This Law also defines two groups of business entities of state and communal property in the sense of this Law. The norms of the Law of Ukraine "On Access to Public Information" have been analyzed. The information managers include those who occupy a dominant position in the market or who have special or exclusive rights, or are natural monopolies, with regard to information on terms of supply of goods and services and prices for them. It is noted that an important element of the mechanism under consideration is the availability of information on the use of public funds by economic entities. The attention is focused on the problems of publishing information on the use of public funds in Ukraine by business entities: imperfect norms of the Laws of Ukraine "On Access to Public Information" and "On the Openness of the Use of Public Funds"; the imperfection of monitoring and monitoring in this area. In order to improve the situation in this area, it is proposed to amend these laws and determine the scope of rights, responsibilities and responsibilities of information managers, as well as the procedure for monitoring and evaluation of the disclosure of information on the use of public funds.

44-50

Authors: V.A. Ustymenko, I.V. Zablodska, S.О. Burbelo, D.V. Zablodska, P.O. Saenko

The article substantiates the need for identification and positioning of the amalgamated territorial communities of Ukraine. It is determined that the identification of amalgamated territorial communities (ATCs) is a procedure for establishing the similarity / differences of ATCs using certain criteria and relevant characteristics, the combination of which reflects its uniqueness against the background of other amalgamated territorial communities. Positioning of amalgamated territorial communities is the existing or desired perception by society (stakeholders) of the benefits of ATCs, which can be achieved by the results of the implementation of the ATC development strategy and with the help of brand and / or identity. The structural-logical schema base for the development of methodological tools for the identification and positioning of the amalgamated territorial communities of the Luhansk and Donetsk regions has been developed. A list of complementary analytical procedures necessary for the development of methodological tools, which includes: guidelines for the identification of the amalgamated territorial communities of Ukraine; positioning maps of amalgamated territorial communities of the Luhansk and Donetsk regions; guidelines for the positioning of the amalgamated territorial communities of the Luhansk and Donetsk regions. When developing guidelines for the identification of the amalgamated territorial communities of Ukraine, it is proposed to use the maxmin principle to define criteria and characteristics. To build a positioning map of the amalgamated territorial communities in the Luhansk and Donetsk regions it is proposed to use a three-dimensional coordinate system.

58-67

Authors: Yu.S. Rohozian

In the conditions of deep regional disproportions and asymmetries, the most important task for the mezzo-level subjects’ development is the problem solution of forming a single economic space and mitigating the existing manifestations of differentiation between regions. To solve these problems, it is advisable to make decisions to activate and develop in terregional economic cooperation of those regions that are partners. Therefore, the task is to form a strategy for the development of interregional economic cooperation, which will become the dominant (basic) on the territory of the Ukrainian regional environment, the successful implementation of which through the monitoring process will help elimination or mitigation of regional development asymmetries. The purpose of this article is to reveal the essence of monitoring as one of the main stages of the dominant strategy implementation for the development of interregional economic cooperation. Attention focused on fact that all stages of the dominant strategy formation for the development of interregional economic cooperation have great importance, but it is from the results of a competent monitoring that the provisions of the strategy could be considered by effective or ineffective. Some provisions of the "Method for developing, monitoring and evaluating the effectiveness of the implementation of regional development strategies and action plans for their implementation" (Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated March 31, 2016, No. 79) are sup plemented and adapted for the development of interregional economic cooperation. The main stages of monitoring the dominant strategy implementation for the development of interregional economic cooperation and their features are identified: preparation for monitoring; collection of necessary information; information-processing, analysis of its results and making relevant decisions. Also the monitoring features of the dominant strategy for the development of interregional economic interaction are disclosed: necessity for information support; promotion of strategy positions in various target groups of stakeholders; recommendations for creating a special monitoring group, which will include representatives of various stakeholder groups, necessity for harmonize the provisions of socio-economic relevant programs not only inter-regional, but also regional and local level strategic documents, and the dominant strategy. Based on the proposed recommendations, a fragment of documenting the monitoring of the dominant strategy implementation for the development of interregional economic cooperation has been developed.

74-86

Authors: O.V. Melnikov, Ya.V. Kotliarevskyy, S.I. Knyazev, A.M. Shtangret

The article is focused on modern aspects of the development of the information sphere of Ukraine taking into consideration influence of constraining and stimulating factors. Thus, authors investigated the essence of those factors, some actual trends of it’s recent definition and applied socio-economic outcomes for state regulation. Consequently, a research methodology model was elaborated grounded on matrix form assessment of expert qualitative considerations towards analyzing finite set of factors.