Economics and Law

3-8

Authors: V.S. Shcherbyna

The article explores the issues of defining the concept of legal regime of economic property and the list of elements that make up the content of the legal regime of the said property. It is emphasized that the definition of a legal regime by the totality of the elements it covers must first be combined with a "legal definition", that is, since it is a legal regime, the definition of this concept must necessarily include a legal (legal) component, what are the regulatory instruments — regulations and individual legal acts. In some cases, unless it is prohibited by law, a contractual instrument may be the regulatory instrument for determining the legal regime of property. Secondly, it is advisable to divide the elements that are included in the content of the legal regime of property into two groups: 1) static elements that can be considered as objects of the legal regime of property (types of property, its structure, legal title of property), and 2) dynamic elements (legal relations regarding the exercise of property rights, economic management rights and operational management rights, the acquisition of property and its disposal from the property sphere of the participant of economic relations, as well as the disposal of property by third parties). With this in mind, it is proposed to define the legal regime of economic property as established by the law and the owner of the property or the body authorized by him (both in an individual legal act and in the contract) a set of static (types and structure of property, its legal title) and dynamic (legal relations in order the acquisition, possession, use, disposal of such property and the recovery of property, as well as the disposal of property by authorized bodies and cre ditors).

19-27

Authors: A.Ye. Sanchenko

The presented paper, giving the reference to the 2030 Agenda for Sustainable Development aimed at transforming our world, underlines the internationally recognized foremost importance of human rights protection. The presently intensified economic globalization causes concerns in regard to responsibility of states and business entities to respect and safeguard human rights. Thus, the author presents the UN contribution into establishing the system of human rights remedies, that can and should be applied by states, subjects of economic activities and other stakeholders in order to ensure the rights of individuals in case of the business-related abuses and violations. On the basis of the UN experience and the current international practices, being actively elaborated after the adoption of the UN Guiding Principles on Business and Human Rights of 2011, the author indicates the essence and the content of the legal phenomenon of the system of remedies for rights protection. In particular, the paper provides some specific characteristics of the State-based judicial, State-based non-judicial and non-State based non-judicial mechanisms for protecting human rights in business. The judicial remedies, being the basic, need to be more efficient; the international community calls for more profound development of the State-based non-judicial remedies, paying significant attention to the role of the national institutions for the promotion and protection of human rights, incl. Ombuds-institutions. The system of the non-State based non-judicial mechanisms is described as an evolving matter; business entities, especially transnational corporations, are to incorporate them into their policies and practice, to ensure their responsibility to respect human rights. The advantages and shortcomings of all the above mentioned mechanisms are described in general. The UN requirement towards states and businesses to provide a complex approach — "a bouquet of remedies" is presented, also as a recommendation for Ukraine. The suggested conclusions underline the importance of implementing in Ukraine the UN Guiding Principles on Business and Human Rights in the overall context of realization of the Sustainable Development Goals. This includes the necessity to integrate the UN Guiding Principles into the national policy, strategic and legal acts in a number of areas, to establish a holistic and efficient system of remedies in cases of business-related human rights abuses and violations. The evident benefits for Ukraine and Ukrainians, provided the required international provisions are implemented, are identified.

37-45

Authors: A.Yu. Plokhovа

The article is concerned with the analysis of the features of the institutional component of the legal provision of ecological safety in coal mining. The author’s classification of the subject composition of the institutional provision of ecological safety in the activities of mining enterprises of the coal industry is presented, which is based on the priority of ecological safety requirements, the mandatory compliance with ecological standards, norms and limits for the use of natural resources in the carrying out of economic, management and other activities. The specified subject composition is represented by the following groups of authorities: 1) according to the level of provision of ecological safety: national, regional (basin), territorial (municipal, local), industrial (object, local), public; 2) according to the kind of competence: regulatory authorities, management authorities, organizational and regulatory authorities; 3) according to the scope of competence: general competence, special competence (authorities of complex (interdepartmental) competence, authorities of industrial (departmental) competence, authorities of functional competence); 4) according to the distribution of state power: legislative (representative), executive, judicial ones. It was established that the current state of the system of ecological safety authorities in the field of coal mining and the distribution of their powers cannot be considered optimal, since: the formation of the sole integrated state authority for environmental monitoring and supervision (control) with the transfer of all control functions to it did not take place in Ukraine; the legal status of the Ministry of Energy and Environmental Protection, in which almost all management functions are concentrated (monopolized), violates the principle of separation of economic, permissive and control powers. A system of principles is offered on the basis of which it is necessary to form the powers of the subjects of institutional provision of ecological safety of coal mining.

57-62

Authors: I.M. LITVINOVA, N.O. DERZHAK, D.V. ZABLODSKA

The article describes the vision of development strategy implementation of region with the help of program-target approach and taking into account the innovative aspect. It is established that the strategic goals, defined in the Development Strategy of any region, should be realized through a system of operational goals, which are aimed at solving the problems both for the region as a whole and for the individual territories – districts, territorial communities, cities, towns, villages. To achieve the strategic goals, the Action Plan is loosened, the formation of which uses technical projects that are important for the development of region, are in line with the strategy and must be implemented based on the powers of the regional executive bodies, local governments and the resources that may be involved. It is established that for implementation of Development Strategy of Luhansk region until 2027, four programs have been developed, within which projects of regional development are implemented. Plan for the implementation of the Luhansk Regional Development Strategy and the Luhansk Regional Development Strategy itself contain innovative elements: operational goals, objectives, indicators, technical projects, technologies, etc. The article provides a visualization of the implementation of program-based approach and innovative aspect in the implementation of the regional development strategy.

70-79

Authors: S.I. Karelin

In the article presents the information and communication components analysis for the territory development. The author analyses the information society paradigm in the course of information and communication technology development. The mainstream of the end of XX century is ICT growth and usage in all branches of economy and social life. The information using for human augmentation and development in different ways. The article deals with the theory of transformation from information society to digital society in the economic aspects. The attention was paid to national legislation about the national informatization program which was conducted mo re than 20 years ago. The old definitions and business process in this legislation make a barrier for development and growth of digital economy in Ukraine. The author proposed is using of Digital Agenda for Europe like a prototype for national legislation development. The scheme of the national information infrastructure is totality of electronic informational resources, automated informational systems, data development and collecting and data processing. The article is devoted to the analysis of ICT statistical indicators of Ukraine. The author analyzed and identified such groups of indicators as Mobile Communications, Fixed Telephony and Internet Access Broadband. Changing technologies are affecting the development of the ICT industry. Correlations of changes in technologies and investments in the sphere are revealed. A decrease in the labor market, along with the automation of this sector of the economy, was also identified. Further researches require the international experience in the usage of information and communication technologies for the development of the territories.

87-94

Authors: N.Je. Kuzo, N.S. Kosar

Solution to the problem of recycling and reducing the amount of household and other types of waste, their subsequent use as secondary raw materials, prevention of formation plays an important role in ensuring the sustainable development of the country. This problem is of particular importance in Ukraine, as the amount of waste here is constantly increasing and the area on which it is located is growing, there is a low level of recycling, landfills do not meet the requirements of environmental safety and pose a significant threat to the environment and human health. The solution to this problem is possible using the conception of ecological marketing by product manufacturers as well as trade agents and state authorities. The goal of this paper is to justify the means of ecological marketing, which are directed to the management of using of household and other types of waste as well as reducing their amount. It was found that ecological consciousness and habits of the population have significant impact to providing wastes separation and their recycling. It was detected that they are dependent on price for waste collection. Effective state-level communicative policy also can stimulate population to proper behavior related to household waste, reducing their amount and separation. The policy may include educational programs implementation through conducting ecology classes at schools and other educational institutions, implementation of ecological measures as events by municipal authorities, that will allow to engage young generation to solution of ecological problems, construct their ecological consciousness. Simultaneously engaging civil and religion organizations that can impact to behavior is important for constructing more responsible attitude of elderly people to solution of ecological problems. Domestic enterprises can play significant role in preventing of wastes producing. That will provide a bunch of benefits for society, customers, and enterprises. Recommended measures for ecological marketing were proposed in the article for manufacturers and trade agents for preventing of household and other types of waste.