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Article title Legal Status of State Regulators in the Field of Management
Authors
Valentyn Shcherbyna
Doctor of Law, Professor, Academician of the National Academy of Law and Economics of Ukraine, Honored Lawyer of Ukraine, Professor of the Department of Economic Law and Economic Litigation of the Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-4221-0965 vsshcherbyna@ukr.net
Magazine name Legal journal «Law of Ukraine» (Ukrainian version)
Magazine number 12 / 2025
Pages 35 - 44
Annotation

The article examines certain aspects of the legal status of state regulators – central executive bodies with special status, which exercise state regulation, monitoring and control over the activities of economic entities in certain spheres of economy.According to the results of a comparative legal analysis of the rules of laws and by-laws, deficiencies and differences in determining the legal status of national commissions concerning their formation, principles of activity, accountability, etc. were revealed. The criteria in which the central executive bodies refer to the commissions are indicated in the legislation of Ukraine.

As a positive fact, the definition in individual laws is marked, what is and what is determined by the special status of national commissions, and it is proposed to consolidate these features in other normative legal acts.

As stating the application in the legislation on state regulators of the regulators “regulatory body” and “Regulator”, it is proposed to abandon the term “regulatory body”, which in the Law of Ukraine “On the principles of state regulatory policy in the sphere of economic activity” indicate bodies and officials taking regulatory acts and use of the term “Regulator”.

The proposal was made regarding the feasibility of unification of the provisions on the types and procedure of application by regulators of administrative and economic sanctions for violation of the rules of economic activity in the relevant areas.

It is also proposed in the current Law of Ukraine “On Central Executive Bodies” in general terms, as well as in more detail in the special laws proposed to be adopted (for example, in a separate section of the Law “On Basic Principles of Regulation of Commercial (Business) in Ukraine”, or in the Law “On the basic principles of state regulators in the field of management”), to provide for norms that would unified the basic tasks, functions and powers of regulators and principles of their activity, regardless of the sphere of economy, to which their powers apply in the exercise of state regulation, monitoring and control over the activities of economic entities.

Keywords state regulation; state regulators; law on state regulators
References

Bibliography

Journal articles

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