Article | Priority Directions for the Formation of a Legal Framework for Post-War Economic Recovery in Ukraine |
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Authors | VOLODYMYR USTYMENKO , RUSLAN DZHABRAILOV , TETIANA HUDIMA |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 9 / 2023 |
Pages | 9 - 23 |
Annotation | The article highlights that the legal system of Ukraine should contain methods and means of regulation that are adequate to the demands of the time, capable of quickly adapting the economy of Ukraine to the new market conditions and creating favorable competitive positions for domestic business entities. It emphasizes that achieving high indicators of economic development in Ukraine will undoubtedly be impossible if legal regulation lags behind the dynamic development of social relations in those sectors of the economy that have already undergone significant structural changes under the influence of war. The aim of the study is to substantiate the priority directions of forming a legal framework for post-war economic recovery in Ukraine. It is argued that during the period of post-war recovery, thanks to qualitative legal reforms in Ukraine, the foundation should be laid for compliance with the laws by the authorities, citizens, and business without causing conflicts of interest, imposition of erroneous values on society, complicating the implementation of normative prescriptions, especially during periods of revolutionary changes as a form of expressing fundamental changes both in the legal consciousness of citizens and in the construction of the legal system of the state. Emphasis is placed on the fact that shifts in the socio-economic sphere will be accompanied by a timely response from the state in the form of creating appropriate legislative frameworks capable of effectively regulating the actual formation of social relations groups. In particular, with the spread of digitalization in the economy, the state will focus on the most innovative areas, the legal regulation of which currently remains insufficient and inadequate to the demands of the times, including the IT technology sphere, the market of virtual assets, artificial intelligence, and so on. It is argued that the question of significant improvement of approaches to the development of constitutional principles of the economic system of Ukraine becomes strategically important for Ukraine’s development and overcoming controversial approaches to choosing a model of legal regulation of the economy. It is argued that in the medium and long-term perspective, the key problem of legislative regulation of social relations – the low effectiveness of legal acts – will be solved. Arguments have been made in favor of deepening legal transformations in the country by minimizing the risks of deviant behavior of citizens and opposing their interests to socially important goals of state regulation. This is seen as possible by laying the ideology of human-centeredness at the heart of key legislative changes. A general conclusion is drawn that the development of Ukraine should be based on the concept of stability and consistency of transformations, moving away from quick decisions with unforeseeable risks, and taking into account the experience of the EU in implementing reforms in strategically important areas of state activity.
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Keywords | legal framework; post-war recovery; economy; ideology of humancenteredness; constitutional principles of the economic system of Ukraine |
References | Bibliography Authored books 1. McKenzie R B, Constitutional Economics: Containing the Economic Powers of Government (D.C. Heath 1984) (in English). 2. Posner R A, Economic Analysis of Law (9th Edition, Aspen Publishing 2014) (in English).
Edited books 3. Kontseptsiia konstytutsiinoho zabezpechennia ekonomichnoi systemy derzhavy (iak osnovy zakonodavchoho zabezpechennia ekonomichnoi polityky) (NAN Ukrainy, Institut ekonomiko-pravovykh doslidzhen, Yuho-Vostok Ltd 2008) (in Ukrainian).
Journal articles 4. Buchanan J M, ‘The Domain of Constitutional Economics’ (1990) 1 Constitutional Political Economy 1–18 (in English).
Websites 5. ‘Vdoskonaliuiuchy pravove rehuliuvannia ekonomichnykh vidnosyn, potribno vrakhovuvaty suchasni potreby ta yevrointehratsiini protsesy’ <https://supreme.court.gov.ua/ supreme/pres-centr/news/1392581/?fbclid=IwAR1kc3dPvyQmpxdcyGVeTKNKIvqqtc C39Z0Gk2dczTtSPHftGL0hBYiWrpA> (accessed: 11.04.2023) (in Ukrainian). 6. ‘Viziia Viddilennia ekonomiky NAN Ukrainy shchodo povoiennoi rozbudovy Ukrainy’ <https://www.nas.gov.ua/UA/Messages/Pages/View.aspx?MessageID=9717> (accessed: 11.04.2023) (in Ukrainian). 7. ‘Yevrokomisiia predstavyla novyi biudzhet YeS: hroshi v obmin na verkhovenstvo prava’ <https://www.eurointegration.com.ua/news/2018/05/3/7081242> (accessed: 11.04.2023) (in Ukrainian).
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