Economics and Law

3-11

Authors: V.A. Ustymenko, А.О. Soshnykov

The article aims to analyze the public procurement implementation within the ordinary conditions as well as the conditions of the prevention and liquidation of emergencies (in a special situation), including epidemics, based on the case study of coronavirus disease (COVID-19). The paper offers suggestions on solving problems in public procurement implementation under conditions of prevention and liquidation of emergencies. To achieve the aforementioned goal, both theoretical (analysis, synthesis, generalization) and empirical (observation and other) methods were used. Additionally, the comparative legal method was used for the analysis of international practices (the World Trade Organization, the European Union) and the experience of the individual EU member states on the implementation of public procurement in the context of tackling the coronavirus disease COVID-19. The article provides an in-depth analysis of the legislation of Ukraine and other countries to formulate an author’s vision of ways how to improve the legal regulation of public procurement aimed at preventing or eliminating emergency situations, in particular epidemics. The authors offer the following: to expand the opportunity of using the negotiated procedure for the procurement of supplies, works or services that are necessary not only to eliminate emergencies, but also to prevent them; to empower the Cabinet of Ministers of Ukraine and the National Security and Defense Council of Ukraine to introduce the negotiated procedure for the procurement of supplies, works and services in case of special conditions; to reduce the time for the negotiated procedure implementation (up to 1 day) when emergency or pressing need purchase is necessary (for example, to prevent an epidemic); to grant the right to the Cabinet of Ministers of Ukraine to establish a list of supplies, works or services for which one hundred percent prepayment may be provided in procurement contracts.

24-34

Authors: Е.М. Derkach

The article highlights the current problems of the transport system of Ukraine, as well as identifies areas for the development of relevant legislation. It is noted that current geopolitical conflicts, the challenges of world trade, the pandemic caused by COVID-19, have affected global supply chains, led to the transformation from traditional approaches for doing business to digital ones. It is highlighted that Ukraine as a logistics hub between the Europe and Asia faces the global economics challenges and needs to realize comprehensively its export and transit potential. However, according to the International Trade Administration data, only 25-30 % of the country's transit potential is currently used. In terms of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, Ukraine's transport system should ensure synergy of all modes. The current trends for smart-port infrastructure development, uberization in the transport industry, new mode of logistics management – 4th generation logistics (4PL) are being discussed. The author emphasizes that the development of domestic legislation on public-private partnership is the priority task concerning transport industry. In addition, the author states that the priority development areas’ model should be applied for developing ports and logistics hubs in Ukraine providing non-fiscal incentives. The researcher concludes that a balanced legal policy is needed, taking into account the interests of the state, private investors, the environment and society. In addition, the appropriate legal basis should be provided for the sustainable development of Ukraine's transport system. It is concluded that the priority tasks are as follows: The proposed steps are as follows: adopting the specific Laws of Ukraine “On Railway Transport”; “On Multimodal Transport”, “On Inland Waterway Transport”, forming an independent regulatory body for natural monopolies in the field of transport, providing fair economic competition in the field of rail freight transportation.

44-50

Authors: Yu.S. Rohozian

The article clarifies the substantive essence for the organizational and economic potential forming of the regional economy strategic development, identifies the strategic dominants of this process. It substantiates that the historically determined features of the administrative-territorial units’ formation in Ukraine characterize by a smaller number of institutions at the regional level of government, this is due to the lack of their institutional and organizational support to mitigate the already existing socio-economic imbalances. It determines that the development of innovative entrepreneurship is increasingly considered by foreign and domestic scientists as a formation factor for the competitive advantages of the regional economy in the strategic dimension. The importance of the innovative entrepreneurship development has been reviewed as a formation factor in the strategic competitive advantages of the regional economy for ensuring its organizational and economic potential. On this basis, the article has been considered the need to concentrate efforts on a set of property relations that form a competitive regional image, the used management forms and methods development, attracting new leading forces of a new (innovative) thinking format as well as improving the quality of human capital at the regional level. The theoretical foundations of the innovative entrepreneurship development in the regional economy system made it possible to build a conceptual model for the organizational and economic potential formation of the strategic regional economy development. The attention focuses on the strategic components of the presented model as the foundation for the regional economy development in the strategic dimension in the context of enhancing innovative entrepreneurship. It has been proved that the organizational and economic potential for the regional economy development is directly dependent on the implementation of the human development concept, therefore, it is advisable to integrate its elements into the strategic management system of the meso-level territories.

59-68

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

The article explores the possible ways of managing ecological security of the city based on the use of economic methods and legal tools. It was determined that the urbanization has a negative impact on the environment. Therefore, it is necessary to make decisions on managing ecological security of the city. The management of city’s ecological security includes both functional (planning, organization, financing, coordination, control) and situational (decision-making to stabilize the environment in emergency and crisis situations) aspects. In this case, the corresponding economic methods and legal tools are used. They aim at motivating or forcing the economic entities to plan and finance environmental protection measures in the city. To do this, the methods of economic regulation (taxation, lending, subsidizing, provision of subsidies and benefits, imposition of fines) are used. The economic methods are included in the economic mechanism for managing the ecological security of the city. This mechanism is connected with the legal mechanism for regulating environmental protection activities in the city. The legal mechanism includes legal tools (legislative acts, industry regulations, decisions and orders made by local authorities) for managing environmental security. The choice of economic methods and legal tools depends much on internal and external factors, principles of distribution of responsibility for caused environmental damage, the need to coordinate the interests of the process actors with the management of ecological security of the city. To promote environmental safety in the city the environmental projects, environmental cooperation, and environmental entrepreneurship are of great importance. Their implementation and development are carried out using the economic methods and legal tools. At the same time, both the environmental assessment of projects and the assessment of social consequences of the decisions are made. Besides, the changes in the economic and legal regulation of economically safe development of the city also should be justified on economic grounds. The most important condition for this is the coherence of economic methods and legal tools. This coherence is possible due to the availability of information support, the development of which should become the subject of further research.

77-88

Authors: A.O. Volkova

The article analyzes the current practice of providing temporary housing to internally displaced persons in post-conflict areas. It is noted that during the six years of internal displacement at the state level, a number of regulations have been developed that have provided internally displaced persons with the opportunity to begin the process of integration into host communities. At the same time, the full integration of internally displaced persons is slowing down due to the impossibility of exercising the right to housing guaranteed by the Constitution of Ukraine. It is emphasized that the uncertainty of further housing prospects still remains one of the most pressing problems for the majority of internally displaced persons, the comprehensive solution of which requires effective cooperation between public authorities and local governments. It is noted that to date, at the state level, official information on the housing needs of internally displaced persons and the number of internally displaced persons who have been provided with housing with the support of the state or local governments is still lacking. It is noted that the state housing policy, in terms of providing internally displaced persons with housing, should be based on long-term, systematic and consistent solutions, through the introduction of targeted housing programs for internally displaced persons at both state and local levels. For those internally displaced persons who do not have the opportunity to purchase housing, effective and transparent mechanisms for providing temporary housing should be in place at the state level. Emphasis is placed on the fact that until 2017, due to the lack of sources to finance the formation of housing funds for temporary residence, as well as the lack of vacant and, most importantly, habitable housing, the above funds at the local level were practically not formed, but where they were created – were not replenished. Attention is drawn to the feasibility of assessing communal property and potential objects that can be purchased, reconstructed for the accommodation of internally displaced persons. In order to ensure the realization of the right to temporary housing for displaced professionals from among internally displaced persons, it is proposed to provide local governments with the opportunity to determine the percentage of housing that can be provided to displaced professionals in proportion to the local budget.

95-100

Authors: O.M. Tatarchenko, I.M. Litvinova

The article presents a revised draft Concept of economic development of Donetsk and Luhansk regions, on the territory of which a system of stimulating the intensification of economic processes will be introduced, which can be further implemented in other regions of Ukraine. The Concept of economic development of Donetsk and Luhansk regions was proposed for discussion in October 2020 by the Ministry of Temporarily Occupied Territories together with interested central and local executive bodies with the participation of local governments. The Concept envisages the creation of three types of priority development territories (territories of communities adjacent to the demarcation line, throughout Donetsk and Luhansk regions, on the territory of separate industrial and recreational clusters, including innovation and industrial parks, with a special regime of innovation and investment activities). Five groups of measures for the implementation of the Concept of economic development of Donetsk and Luhansk regions have been identified: improvement of regulatory policy and introduction of authentic institutional and financial instruments; industrialization of the real sector of the economy and its innovative development; development of critical infrastructure and logistics; formation of a balanced regional labor market; formation of information and communication space of Luhansk and Donetsk regions. Based on the results of the Concept implementation, it is planned to develop an appropriate Strategy and action plan. This set of regulations will allow to form a territory of priority development with a new structure of the economy and to modernize industrial production on an innovative basis, increase the share of innovative enterprises in the real sector, increase exports and the share of highly processed products, overcome logistical constraints and increase a transit region potential, increase revenues to the local budgets of the amalgamated territorial communities of Donetsk and Luhansk regions, create jobs, increase incomes, leave the youth of the regions and involve them in solving problems of economic development of Donetsk and Luhansk regions.