State and local warranties as forms of state support of economic subjects

Abstract

Problem setting. The legal regulation of relations regarding the provision of state and local guarantees is carried out by the rules of both financial and civil and commercial law. At the same time, according to the fair warning of scientists, the priority of financial and legal regulation over the private law is observed, which is caused by the public-legal nature of the social relations analyzed. This is quite logical. It should be noted that all forms of state aid to economic entities enshrined in the Law of Ukraine “On State aid to economic entities” are characterized by certain features, not an exception state and local guarantees. In particular, the difference from the guarantee from other forms of state (public) assistance is that when it is provided, there is no obligation to make expenditures, that is, to spend funds in accordance with the approved budget program, and a contingent debt of a public entity providing this type of state aid is formed. , – guaranteed debt

Despite the fact that forms of state support have already been the subject of scientific research by such scientists as S.V. Glibko, D.V. Zadykhaylo, T.O. Melnik, V.A. Ryadinskaya, V.A. Ustimenko, and others, legal regulation of state and local guarantees in Ukraine needs careful analysis. In view of the above, the purpose of the article is to review the legal mechanism for granting state (local) guarantees.

Article’s main body. The doctrinal approaches to defining state and local guarantees are considered, the substantive characteristics of the latter are highlighted. The legal mechanism for providing this form of state support to economic entities is analyzed. It is emphasized that the provision of state (local) guarantees is a rather difficult form of support for business entities. In our view, the legal mechanism for providing them requires some adjustments. In particular, it is necessary to eliminate, so to speak, double standards in defining the terms of granting state guarantees.

Conclusions and prospects for the development. State (local) guarantees are characterized by a public nature, since the procedure for their provision is governed by public law; obligatory parties in the legal relationship for granting such guarantees are public authorities (in particular, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, etc.) and local self-government bodies (relevant city councils); the imperative order of their provision and the inequality of participants are enshrined.