Efficiency of Administrative and Legal Regulation of the Ukrainian Foreign Economic Activity in Modern Conditions

Анотація

Foreign economic activity is one of the components of the overall activities of each country. In the national legislation, the country highlights its special aspects and directions. Introduction of legal regulation of all types of foreign economic activity in Ukraine, including foreign trade, economic, scientific and technical cooperation, specialization and cooperation in the sphere of the production, science and technology, economic relations in the field of construction, transport, freight forwarding, insurance, settlement, credit and other banking operations, the provision of various services, took place through the adoption in 1991 of the Law «On Foreign Economic Activity». The article deals with the problem of increasing the influence of administrative bodies on state structures and methods of exercising state power. Administrative law determines the competence of state executive bodies, and also contains acts of public administration that have an impact on individuals. Emphasis is placed on the fact that Ukraine is in an active phase of transformation, when the legal framework is changing, new rules of operation are being established, and new international relations are being created. The Government’s position is to establish constructive cooperation with business, intensify investment policy, reform the mode of legal regulation of commodity property relations in Ukraine in connection with WTO accession and the near future of negotiations on a «deep» free trade zone between Ukraine and the EU. The role of legal levers in the context of economic reforms in Ukraine cannot be overestimated. But in fact, administrative and legal regulation requires reforming its model in the foreign economic sphere, in particular, a significant change in the ratio of public and private law interests. An important factor in this reform is the external factor, i.e. the already existing legal regulation of market relations, which operates successfully in economically developed countries. So, Ukraine has an alternative — either to borrow international experience or to go its own way of trial and error. The author analyzes the possibilities, features and limits of administrative influence in the sphere of the public administration of the foreign economic activity. The direct borrowing of European scientific experience without taking into account national specifics was critically assessed, and it was emphasized that a new ideology, new approaches in methods and means of adapting national legislation to EU legislation are needed to improve the efficiency of administrative and legal regulation. The facts when administrative acts arise outside the exercise of formal powers of the administrative bodies are investigated. Some administrative procedures that significantly affect the implementation of the foreign economic activity and the ability to protect Ukrainian industry from cheap and massive imports of goods are considered. Specific proposals have been made to differentiate foreign economic relations, which tend to the sphere of public law and are the environment of administrative influence of the state, which is a party to these relations and foreign economic relations between the subjects of private law.

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