Economic and legal methodology of regulation of economic relations: no alternative phenomenon

Authors

  • D. V. Zadykhaylo Yaroslav Mudryi National Law University, Ukraine

DOI:

https://doi.org/10.21564/2225-6555.2021.2.243732

Keywords:

Economic Code of Ukraine, economic and legal regulation, systematization of legislation, organizational and legal forms of economic organizations, economic diversity, legal economic order

Abstract

The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation.

Hypothetically, the abolition of the Commercial Code of Ukraine cannot be equated with the abolition of only certain forms of property rights and certain organizational and legal forms of economic organizations. Such an action will lead to the undermining of the entire legal economic order by the universal basic algorithm of which the Commercial Code of Ukraine serves. After all, only it formed the types of economic relations, types of economic activity - commercial and non-commercial management, economic policy and legal principles of its implementation, state regulation of economic activity and a certain classification of its main legal means of influence, the system of economic entities, which provides ample opportunities choose a specific organizational and legal form from a wide range of options, features of the legal status of state and municipal enterprises - the basis of special legal regimes of the state and municipal sectors of the national economy and many other socially significant aspects.

Accordingly, the article raises the question of the economic effect of the introduction of the proposed bill, which should be taken into account and proposed for discussion, as its destructive potential is obvious.

The article also draws attention to the need for criminological examination of this civil bill, one of the large-scale results of which should be the transfer of ownership from the state and local communities to the ownership of legal entities - companies to the relevant public property

Author Biography

D. V. Zadykhaylo , Yaroslav Mudryi National Law University

Doctor of Law, Full Professor, Head of the Department of Economic Law

References

Zadykhailo, D.V. (2013). Pravovi zasady formuvannia ta realizatsii ekonomichnoi polityky derzhavy. Extended abstract of doctor’s thesis. Kharkiv [in Ukrainian].

Ostapenko, Yu.I. (2021). Rozvytok hospodarskoho zakonodavstva Ukrainy: systematyzatsiia ta vymoha zmistovnoi modernizatsii. Extended abstract of doctor’s thesis. Kharkiv [in Ukrainian].

Pro osoblyvosti rehuliuvannia pidpryiemnytskoi diialnosti okremykh vydiv yurydychnykh osib ta yikh obiednan u perekhidnyi period: proiekt zakonu Ukrainy vid 06.09.2021 r. № 6013. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=72707.

Hospodarskyi kodeks Ukrainy: Zakon Ukrainy vid 16.01.2003 r. № 436-IV. Data onovlennia: 16.08.2020. URL: https://zakon.rada.gov.ua/laws/show/436-15#top.

Published

2022-01-05

How to Cite

Zadykhaylo , D. V. (2022). Economic and legal methodology of regulation of economic relations: no alternative phenomenon . Theory and Practice of Jurisprudence, 2(20), 135–146. https://doi.org/10.21564/2225-6555.2021.2.243732

Issue

Section

COMMERCIAL LAW