Economics and Law

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.