Economics and Law

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.