Article | Legal Principles of Self-Regulation of Economic Activities in Post-War Ukraine |
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Authors | OLENA HONCHARENKO |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 10 / 2023 |
Pages | 36 - 48 |
Annotation | The issue of self-regulation of economic activity, its interaction with state regulation and co-regulation will remain relevant for post-war Ukraine as well. As during the war and after it, the economy will need quick actions to reorient the market and import substitution, changes in the supply chain, restoration of enterprises, new productions, which will indicate the importance of the aspect of self-regulation. Therefore, the state will not always have time to respond to challenges that will constantly occur. The purpose of the article is to determine the legal foundations of the post-war economy of Ukraine, covering regulatory and organizational self-regulation.It was established that self-regulation of economic activity, both institutional and regulatory, will be relevant for the post-war stage of economic recovery. The direction towards European integration will lead to a strengthening of the role of self-regulatory organizations, since interaction with state authorities is defined in many EU legislative acts. Agrarian will become such a prominent area for revitalizing the work of SRO. It was concluded that the advantages of recognized organizations in the market of agricultural production in accordance with Regulation No. 1308/2013 are the financing of certain operational programs, the operational fund, the unification of production rules in a certain segment with the help of a state mechanism, receiving contributions for the development of rules, taking into account the recommendations of organizations by state authorities. Proposals regarding the draft Law of Ukraine “On Association of Agricultural Commodity Producers” have been submitted. It was concluded that increasing the role of professional associations (SRO) should also take place by introducing changes to the legislation on the protection of intellectual property. In the conditions of the war and after its end, an element of the policy of corporate social responsibility should be due diligence in checking the counterparties of companies for “russian traces”. Taking into account the European integration vector, it will be mandatory to publish non-financial reports for companies defined in accordance with the law.
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Keywords | self-regulation of economic activity; acquis EU; law; draft law; legislative procedure; implementation; self-regulatory organizations |
References | Bibliography
Dictionaries 1. Slovnyk ukrainskoi movy, t 3: Z (Bilodid I holova redkol, Hnatiuk H, Chertoryzka T red, In-t movoznavstva im O O Potebni 1972) (in Ukrainian). 2. Slovnyk ukrainskoi movy: t 5: N–O (Bilodid I holova redkol, Vynnyk V, Yurchuk L red, In-t movoznavstva im O O Potebni 1974) (in Ukrainian).
Journal articles 3. Honcharenko O, Neskorodzhena L, Iefremova I, Lomakina I, Malyshko I, ‘Development of the Concept of Corporate Social Responsibility: Practice in Ukraine’ (2022) 28 Comparative Law Review 385 (in English). 4. Vinnyk O, Zadykhaylo D, Honcharenko O, Shapovalova O, Patsuriia N, ‘Economic and Legal Policy of the State in the Field of Digital Economy’ (2021) 10 International Journal of Criminology and Sociology 387 (in English). 5. Honcharenko O, ‘Samorehuliuvannia hospodarskoi diialnosti v umovakh pravovoho rezhymu voiennoho stanu’ v Pravove zabezpechennia rynkovykh vidnosyn v umovakh hromadianskoho suspilstva: Zbirnyk naukovykh prats, vyp. 5 (Poliukhovych V, Bakalinska O red, NDI pryvatnoho prava i pidpryiemnytstva imeni akademika F H Burchaka NAPrN Ukrainy 2022) 117 (in Ukrainian). 6. Polyuhovich V, ‘Reformuvannya gospodarsko-pravovi osnovi regulyuvannya ekonomiki v konteksti еvroіntegratsіyi’ (2023) 22 Privatne pravo ta pіdpriеmnitstvo 178–83 (in Ukrainian).
Websites 7. Producer and interbranch organisations: The European Commission supports farmers’ participation in producer and interbranch organisations <https://agriculture.ec.europa. eu/common-agricultural-policy/agri-food-supply-chain/producer-and-interbranchorganisations_ en> (accessed: 14.04.2023) (in English). 8. Rekomendatsii dlia ukrainskykh orhaniv derzhavnoho upravlinnia shchodo nablyzhennia do prava YeS (Association4U 2018) <http://web.archive.org/web/20220123224432/ https://eu-ua.kmu.gov.ua/sites/default/files/inline/files/legal_approximation_ guidelines_ukr_new.pdf> (accessed: 14.04.2023) (in Ukrainian).
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