Economics and Law

17-24

Authors: A.G. Bobkova

The article considers the state of use of the results of legal research in the field of economics on the basis of the analysis of abstracts on the specialty “law” and found that the overwhelming majority of such results are aimed at updating legislation. The normative-legal acts concerning preparation of doctors of philosophy and doctors of sciences concerning such signs of scientific results as practical value and the possibility of their use in normative activity and the corresponding problems have been analyzed. Attention is drawn to scientific literature on the impact of the results of legal research on norm-setting activities and emphasizes the lack of correlation between them. Are proposed ways to increase the practical value of the results of legal research in the field of economics and the use of such results in normative activities. Among such areas is the coordination of such research by developing and adopting a state target interbranch program of legal research in the field of economics, clarifying the legal principles for adopting such a program, clarifying its objectives, terms of action. The following direction is justified by the establishment of requirements for conducting such research and their results on the basis of the provisions of the Law of Ukraine "On the Principles of State Regulatory Policy in the Field of Economic Activity", in particular on the mandatory stages of elaboration of the existing normative and legal acts and the justification for their updating or adoption of new normative legal act. One more direction to increase the level of use of the results of legal research is proposed to consider the establishment of a requirement for the use of the "batch" principle in the preparation of proposals for the improvement of legislation, the essence of such a principle is disclosed and attention is drawn to the expediency of using the experience of the Republic of Belarus on this issue. It is proposed to recognize the practical value and use of scientific results as one of the main features of both the dissertation itself and the process of its protection, for which to develop and make appropriate changes to the normative legal acts regulating the process of certification of applicants of higher qualification.

47-55

Authors: М.М. Dutov, V.V. Sydorenko

It’s been over 20 years since the scholars could coin such term as Energy Law. The purpose of the present Article is to examine what the nature of Energy Law is today, twenty years on. By means of analysis of the provisions of the regulatory and legal documents the seven core principles of the Energy Law were determined; they were crucial in the establishment of the Energy Law itself and also are the basis for development of its future principles. The purpose of this article is to analyze the fundamental principles of energy law, which are based on modern European and International Energy Law by analyzing the provisions of European and international regulatory documents, which are the basis for shaping the future norms of Energy Law of the European Union and Ukraine. The two main targets to be pursued by the present article are intertwined and interdependent. The first is about development of a concept for scholars and experts what the essence of Energy Law is and how it may be made comprehensible both for the law specialists and specialists of other domains. The second target is to describe of the core principles framework which influenced the establishment of the Energy Law and will play a pivotal role in its future development. It is supposed the core principles framework should be the center for the Energy Law despite the absence of the unified legal regulatory document consolidating those principles. The present article will be definitely useful for the scholars and experts engaged in the establishment of the Energy Law, its enhancement as well as its practical application and usage in the court practice.

64-69

Authors: V.A. Ustymenko, N.Yu. Polishchuk

Today, the world is on the threshold of a digital revolution that will affect all spheres of public life. The application of cryptocurrencies and blockchain technology has gone a long way since its introduction. Now it has reached a new milestone as it gets implemented in the energy sector. Blockchain and cryptographic technology have the potential to radically change the energy industry of the usual. Blockchain and cryptocurrencies are changing the energy sector and in the article is considered how it will affect the energy industry. Blockchain systems and cryptocurrencies no longer require either intermediaries or a central authority. But it is still difficult today to put such models into practice. In addition, there are a number of legal and regulatory requirements that blockchain projects must also comply with. Cryptocurrency is one of the most relevant topics when it comes to digitalization. On the basis of the analysis of the foreign practice of the use of cryptocurrency in the electric power industry, the prospects of implementation of such projects for Ukraine and their legal support are analyzed. Emphasized the advantages of blockchain and cryptocurrencies and demonstrates the mechanism of their work. The situation regarding the definition of the legal status of cryptographic goods in foreign countries and Ukraine is analysed. The main points to be solved in the course of approval of the right regulation of cryptocurrencies in Ukraine are determined. Foreign and certain domestic experience of using the blockchain technology and cryptology in the field of electric power industry indicates the prospect of further development of this direction. In the implementation of such instruments, it seems that it will allow accelerating the payments in electricity supply relations, will allow them to be more transparent, and at the same time protected from unauthorized interference, enhance the culture of contractual relations.

78-83

Authors: A.А. Butyrskyi

The realization of bankruptcy property in a liquidation proceeding in a bankruptcy case is the "culmination" of the whole case, since it is at this stage that the property of the bankrupt withdraws from its ownership, and the creditors will finally be able to obtain real satisfaction of their claims. The realization of property in the bankruptcy procedure raises many issues, which is conditioned, on the one hand, by the complexity and simultaneously imperfection of bankruptcy laws, and, on the other hand, by the attempts of certain persons (creditors, bankrupt, bankrupt parties, etc.) to challenge the results of the auction for the sale of property, even if for some reason, thus calling into question the lawfulness of acquiring the property by the buyer at the auction. The purpose of the article is to study the problem issues that arise during the realization of bankrupt property in a liquidation procedure. The article is devoted to problem issues that arise during the realization of bankruptcy property in a liquidation procedure. The issues of withdrawal by the economic court of arrests from the property of the bankrupt, imposed within the framework of criminal proceedings, are being investigated. The judicial practice on contesting the results of the auction the bankruptcy case is analyzed. It has been emphasized that in the bankruptcy procedure, bankrupt parties do not even play a secondary role. In this regard, the question remains as to the extent to which a bankrupt party participant in a bankruptcy case is entitled. If he is given the right to challenge all court decisions taken in the bankruptcy case, this will lead to the consideration of such a case for years and will not contribute to the timely consideration of the bankruptcy case. It is emphasized that the court should not blindly apply the rules of legislation and in any case cancel a court decision in the case of a violation that does not directly concern the complainant. It has been established that neither the current version of the Law of Ukraine "On restoring solvency of a debtor or recognizing it as a bankrupt", nor new Code of Ukraine on bankruptcy procedures, unfortunately, don’t resolve all the problems that arise during the most vulnerable stage of proceedings in bankruptcy proceedings — under the time of sale of bankrupt’s property in a liquidation proceeding. The practice of applying the relevant norms shows their inability to adequately regulate the issue of selling the debtor’s property, which, of course, cannot contribute to improving the investment climate in the country.

95-102

Authors: M.V. Khudenko

The current legislation does not contain any prohibitions on the realization by individual entities (individuals) of commercial non-commercial activities, but it does not provide such an opportunity. We believe that individuals who require legal regulation of the possibility of non-commercial economic activities are persons who carry out independent professional activities, namely lawyers, notaries, arbitration managers, private performers and others. There is no direct reference in the Economic Code of Ukraine to persons engaged in independent professional activities, either as participants in economic relations or as economic entities. Accordingly, representatives of the economic law science did not cause significant interest to nature of independent professional activities. Individuals engaged in independent professional activities currently have only a special tax status, but a scientific community are not recognize them as economic entities by a par with other ones. It is substantiated the impossibility of fully transmitting independent professional activity to entrepreneurial or noncommercial economic activity. The purpose of receiving income for individuals who engaged independent professional activities is secondary, but present. It is established that by its nature independent professional activity is in the middle between entrepreneurial and noncommercial economic activity and therefore it can be called mixed (on the criterion of the purpose of profit). Recognition of independent professional activity as a type of economic activity should be go with the normative fixation of persons engaged independent professional activities as participants in economic relations and as economic entities.

115-125

Authors: A.O. Akhromkin, A.Ye. Akhromkin

The article identifies the main reasons for the slowdown of public-private partnership. The basic provisions of the current legislation on the implementation of public-private partnership, namely: the principles, scope, forms and so on were investigated. The project "Energy bridge" Ukraine-European Union", which aims to create the conditions for the integration of the united energy system of Ukraine to the European energy system and for the implementation of which should be involved the following regions: Khmelnitskiy, Zaporizhzhya, Rivne. The implementation of this project will affect the regional energy policy of these areas. The unified electric power system of Ukraine provides the centralized power supply to domestic consumers, interacts with the power systems of neighboring countries, providing export and import of electricity by main and interstate power supply lines. It was established that the implementation of the regional energy policy is associated with the solution of the most pressing problems of the functioning and development of the regional energy supply system, and the main problem that should be solved by the regional energy policy is to achieve a balance of electrical loads and electricity consumption. Based on forecast balance of the united electric power system electricity of Ukraine it was established that Khmelnitsky, Zaporizhzhya, Rivne regions have a strong technical background for the high performance of the maximum electrical load of power sources. However, their regional energy policy in the conditions of the project "Energy bridge "Ukraine — European Union" should include the measures that will be aimed at improving the schemes of the electric network and improving the technical condition of their elements.

133-142

Authors: Ye.S. Gradoboieva

The article examines the current situation with enterprises of the urban economy providing housing and communal services (HCS), generalizes the features and contemporary problems facing their activities, and gives their classification. It was determined that one of the main features of enterprises of the urban economy that provide HCS is their multiple activities. They are managed, depending on the type of services provided, both in the competitive (potentially competitive) markets (including service markets for managing apartment house, household waste, production and supply of heat energy) and in the markets of natural monopolies (in particular, centralized water supply and sanitation, transportation of thermal energy, disposal of household waste). This causes the difficulties in providing the economic and legal support for the state regulation of activities of the economic entities — providers of HCS and the relations arising from their provision, as well as the ramification and bulkiness of the relevant legislative and regulatory framework. Here is analyzed the current legal framework for regulating the activities of enterprises of the urban economy, namely for regulating the issues of ensuring conformance of the quality of housing and communal services to the established standards, procedures, terms of the relevant agreements and the requirements of current legislation, as well pricing and tariff setting. Based on the conducted analysis, the conclusion was made about the need to improve it. The priority directions of the state policy regarding the economic and legal support for regulating activities of enterprises of the urban economy providing housing and communal services have been identified. In particular, they include the assistance in providing the openness of the current activities of enterprises of the urban economy and the transparency of tariff setting for their services; realization of the rights of consumers to receive high-quality housing and communal services under the economically justified level of tariff. The ways of improving the regulatory and legal framework are offered for regulating activities of enterprises of the urban economy that provide housing and communal services. Relevant proposals on amendments and additions to the current legislation were specified, and the expected results were characterized. Further studies should be aimed at determining the organizational and economic tools and developing an effective mechanism for the practical implementation of the changes declared by the legislation in the legal relations between the "state — performers of housing and utilities services — consumers" for each type of services.