Public administration and state regulation of economic activity in Ukraine: problems of legal regulation

Abstract

Problem setting. The article deals with the problematic issues of legal regulation of economic activity in Ukraine. At the same time, attention is focused on the need to distinguish between such categories as “public administration” and “state regulation”.

Analysis of recent researches and publications. In the doctrine of economic law the problems of determining the subject of economic and legal regulation, the legal status of participants in economic relations, the essence of organizational and economic relations have attracted attention, including at the level of individual monographs, such scientists as V. K. Mamutov, I. Yu. Krasko, I. A. Tanchuk, D. V. Zadykhailo, V. A. Ustimenko; V. B. Laptev, S. I. Bevz, O. M. Vinnyk, O. Yu. Illarionov, V. Nagrebelny, V.S Shcherbina, O. P. Vikhrov and others. However, even today the question of the sphere of relations that are the subject of economic and legal regulation, the relationship between the concepts of “economic management (economic activity)”, “organizational and economic relations” and “state regulation of economic activity”, and the understanding of individual researchers of organizational and economic relations that arise in the process of implementation of public administration and regulation of economic activity, as one of the types of economic relations, are insufficiently substantiated. Formulation of goals (purpose) of the article. The author of this article aims to determine: the scope of economic and legal regulation of public relations; relations that are covered by the concept of “organizational and economic relations” and are subject to regulation of commercial law; to differentiate “organizational and economic relations” arising from the management and regulation of economic activity.

Article’s main body. It is noted that the subject of regulation of the Civil Code of Ukraine includes two groups of economic relations: (a) economic relations that arise in the process of organizing economic activity; (b) economic relations arising in the course of economic activity. Legal definition of organizational and economic relations (Part 6 of Article 3 of the Civil Code of Ukraine) is based on the categories of “organization” and “management” of economic activity. However, none of these concepts is defined by a codified act. It is established that public administration should be understood, first of all, as the activity of public authorities on the practical implementation of the political course. These activities should be based on appropriate procedures that should ensure its legitimacy and protect the legitimate rights of citizens from illegal actions by public authorities and their officials. In essence, public administration is derived, on the one hand, from political activity, on the other – from the political course and traditionally these activities.

Conclusions. It is emphasized that the management of economic (commercial) activities includes forecasting, planning, financing, budgeting, taxation, lending, administration, accounting and control. The purpose of state regulation is to streamline the activities of business entities, provide economic processes with an organized nature, ensure compliance with laws, balance private and public interests, ensure public and state interests.