scholarly journals Administrative and Legal Principles of Foreign Investment in Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 78-86
Author(s):  
H. O. Fedorov
Keyword(s):  
Foreign Investment ◽  
Local Level ◽  
Investment Project ◽  
Legal Regulation ◽  
Foreign Investments ◽  
Investment Activity ◽  
Legal Principles ◽  
Investment Promotion ◽  
Definition Of

The peculiarities of administrative and legal principles of foreign investment from the point of view of complex analysis have been considered, considering the current stage of historical development of the state system. Taking into account doctrinal research and own scientific achievements, it has been determined that nowadays it is extremely urgent to implement the whole set of practical measures aimed at achieving qualitative changes in the issues of attracting foreign investment and strengthening the control over the quality level of investments in the economy of Ukraine from the standpoint of administrative and legal principles. It has been determined and proved that it is expedient to apply the phased approach of administrative and legal regulation of foreign investment – two-step assessment of the quality of foreign investments. In particular, the investor should be evaluated at the first step. This means that the purpose and goals of his investment activity, as well as his investment, business and economic reputation must be assessed. The second stage begins with the evaluation of the investment project, the priority for the economic development of the territorial community, the level of innovation, environmental compatibility, payback period, value of investments, etc. The basis for this approach should be the system for evaluating the quality of the subjects and objects of the investment process. The result of applying this approach should be the definition of the quality of the investment project and definition of the priority for its implementation in accordance with territorial interests. In this regard, it would be appropriate to make a clear distinction between the functions and responsibilities of the institutions that are going to assess the quality of the investments. According to the author, it would be rational to expand the main directions of activity of the Ukrainian Center for Foreign Investment Promotion and to create a special department that would deal with the quality control over the relevant foreign investments coming to the Ukrainian economy. The same structures should be formed at the local level.

Legislation on Foreign Investments and Practice of Investment Dispute Resolution

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Stanislav Borodkin
Keyword(s):  
Foreign Investment ◽  
Ad Hoc ◽  
Foreign Investments ◽  
Sovereign Immunity ◽  
Investment Activity ◽  
International Treaty ◽  
National Courts ◽  
Doing Business ◽  
Definition Of

Russian companies doing business outside of the Russian Federation require special protection of their rights and lawful interests. Several methods of protecting foreign investor rights are available under the international law, including national courts and tribunals and commercial arbitrations (both institutionary and ad-hoc). International Center for Settlement of Investment Disputes is a special institution established to resolve the controversies related to foreign investments. It was created under an international treaty and its decisions are not subject to sovereign immunity. The article considers ICSID practice regarding the definition of an investment, since disputes are related to an investment activity, which is a topical question when dealing with the determination of the Center competence. While the analyzed cases do not have the power of binding precedents, when the arbiters elaborate on the definition of a foreign investment they use specific criteria that could be relevant for the national law. Since international practice has a more specific definition of foreign investments than the Russian law, the author suggests that the former be taken into consideration when a foreign investment is defined in Russian legal texts. It could ensure better protection of the rights of Russian legal entities abroad.

CONCEPT, ESSENCE AND LEGAL NATURE OF INVESTMENTS

2020 ◽  
Vol 16 (4) ◽  
pp. 137-141
Author(s):  
YURY SHPINEV ◽  
Keyword(s):  
Deep Understanding ◽  
Legal Regulation ◽  
Formal Logic ◽  
Economic Science ◽  
Investment Climate ◽  
Investment Activity ◽  
Scientific Methods ◽  
Legal Nature ◽  
Definition Of

Creating a favorable investment climate is one of the most important tasks of the economy, however, the legal regulation of investment activity in Russia has a number of serious shortcomings. The quality of legislation on investment relations depends on an objective and deep understanding of the legal nature of investments. In this regard, the author seeks to study various approaches to determining the legal nature of investments. The methodological base of the research was based on the methods of formal logic and concrete scientific methods, technical-legal and historical-genetic methods. The author's position is based on the current legislation and the opinions of legal scholars on the legal nature and essence of investments. Based on the analysis of current legislation, the author points out the problem of determining investments in normative acts and in legal science. Various approaches to the concept of «legal nature» and «legal essence» and opinions on the legal nature and essence of investments and investment contracts are outlined. The author's definition of the category «legal nature» is proposed. As a result, the author comes to the conclusion that in order to establish a unified legal and scientific definition of investments, it is necessary to determine their legal essence and legal nature, which in turn requires studying and describing the primary characteristics of investments in the context of economic science at the time of the emergence of this category.

scholarly journals Analysis of the Legal Regulation of the Internal Control System of Agricultural Organizations

2019 ◽  
Vol 6 (3) ◽  
pp. 43-49
Author(s):  
V. A. Mosentseva
Keyword(s):  
Control System ◽  
Internal Control ◽  
Local Level ◽  
Legal Regulation ◽  
International Markets ◽  
Agricultural Industry ◽  
Internal Control System ◽  
Agricultural Organizations ◽  
Definition Of

A comprehensive study of the sources of the regulatory framework of the internal control system in Russian agricultural organizations was carried out. The evolutionary and legal approaches to the definition of internal control in these enterprises are compared. The content of the supranational (international), national and local level of the hierarchy of legal acts of the organization of the internal control system for these economic actors is disclosed. The influence of the mechanisms of the digital economy in relation to the field of audit, including Organizing internal control systems in modern enterprises that must cope with new challenges and risks. The tends of agrarian digitalization are indicated, including the fact that the state, through the introduction of digital farm management platforms (digital field, digital flock, digital logistics), will thereby stimulate the agricultural producer; domestic producers of agricultural products are focused on increasing the volume and quality of their products on international markets through the use of modern technologies; centralization and unification of the main directions of the agricultural industry, taking into account the digitization of the economy as a whole.

scholarly journals Current Problems of State Regulation of Foreign Investment into Ukraine: Economic and Legal Aspect

2020 ◽  
pp. 140-150
Author(s):  
Roman HRYTSKO ◽  
Halyna HRYNYSHYN
Keyword(s):  
Foreign Investment ◽  
Structural Changes ◽  
Legal Aspect ◽  
Legal Regulation ◽  
State Regulation ◽  
Foreign Direct Investments ◽  
Foreign Investments ◽  
Investment Activity ◽  
State Management

The conditions and main shortcomings of state regulation of foreign investments are studied. The importance of attracting foreign investment for the successful development of Ukraine as an independent, democratic, social and legal state is substantiated. The categorical apparatus of the terms «investments» and «foreign investments» from the point of view of economy and law is revealed. The existing classification of investments is considered, modern forms of foreign investments are characterized. The assessment of foreign investment inflows in the dynamics and in terms of areas of economic activity is conducted. Ukraine's place in the international rankings is presented, which testifies the improvement of the investment climate and the growth of investment attractiveness of both the country as whole and business entities on their own. The main national and international legal acts regulating investment activity are described. The bodies of state management of foreign investments at the macro level are identified, instruments of state regulation of foreign investment are systematized (tax and customs benefits, subsidies, dotations and subventions, application of accelerated depreciation, mechanism of public-private partnership, state and local guarantees, licensing of certain economic activities, granting loans on favorable terms, etc.). The thesis is substantiated that the indicators of investment activity (in particular the indicator of the volume of attracted investments) are not only an indicator of economic development of a country or region, but are a criteria that evaluates the effectiveness of government activities in investing. In order to harmonize the Ukrainian investment legislation, a system of measures has been proposed that will promote structural changes in the investment sphere and stimulate the attraction of foreign investment in the country. Further improvement of legal regulation of foreign investment will increase the welfare of the state, provide favorable conditions and state guarantees, which will provide the establishment of appropriate organizational and legal norms of investment. Keywords: investments, foreign investments, capital investments, classification of investments, foreign direct investments, portfolio foreign investments, state regulation, instruments of state regulation of foreign investment inflows.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

The legal guarantees to protect foreign investment in Jordan

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamad Ali Helalat
Keyword(s):  
Host Country ◽  
Foreign Investment ◽  
Design Methodology ◽  
Foreign Investor ◽  
Foreign Investments ◽  
Content Type ◽  
Legal Principles ◽  
Bilateral Agreements ◽  
The Status ◽  
Investment System

Purpose This paper aims to indicate that the foreign investment system in Jordan includes many provisions that create an appropriate environment for encouraging foreign investments and grant a distinctive treatment for the foreign investor that allows them the status equal to the national investor. Design/methodology/approach This study deals with the protection provided by the Jordan Government for foreign investments to attract foreign investment by studying the guarantees given by Jordan including many legal principles that encourage investment. The legal guarantees for the foreign investor enhance the confidence of the foreign investor in the host country. Findings The system provides a lot of guarantees with respect to non-commercial risks to which the foreign investor may be exposed. Originality/value The paper also clarifies that the role played by bilateral agreements in the field of investments, as these agreements give foreign investments a measure of protection through the guarantees and they are considered as incentives for the investor.

scholarly journals IMPROVING METHODS OF FINANCING EDUCATIONAL INSTITUTIONS FROM THE LOCAL BUDGET

2021 ◽  
Author(s):  
Larysa Rybina
Keyword(s):  
Local Level ◽  
Educational Institutions ◽  
Economic Activities ◽  
Program Budget ◽  
Budgetary Institutions ◽  
Financing Mechanism ◽  
Local Budget ◽  
Definition Of ◽  
Budget Execution

The education system is a significant basis for the development of both society and an individual. With the help of education, the future development potential of the state is formed, both in economic and spiritual terms. It was revealed that today the financing mechanism of the school is closely related to its management system, due to which the methods of administrative distribution of financial resources prevail at the local level, the planning of expenses for the maintenance of the school is carried out on the basis of last year's expenses, and only protected items of expenditure are mainly provided with full funding. All this prompts school leaders to solve a significant part of financial problems at the expense of parents or sponsorship, and not by conducting effective financial and economic activities of the institution, responsible spending of budgetary funds. It has been substantiated that it is efficient to finance the school with the help of the target-oriented format of the local budget execution, which is constantly being improved. When developing a budget program, the main administrators of budget funds need to clearly understand how to measure the results of its implementation. It is to measure such results that effective indicators of the implementation of budget programs are used - indicators, on the basis of which the assessment and analysis of the effectiveness of the use of budget funds provided for the implementation of the budget program (subprogram) is carried out to achieve the goal of the budget program (subprogram) and the implementation of its tasks. The introduction of a program-targeted method of forming a school budget, focused on the result, as a mechanism for financing the activities of budgetary institutions, eliminates the shortcomings of the estimated financing method. The target-oriented method assumes the definition of the goal to be achieved as a result of the use of budgetary funds, and provides information on the quality of service delivery, the resulting social effect. The program-target planning method is at the heart of the results-based budgeting model, it involves the formation of a program budget that combines the requirements for the planned result and for the allocation of resources.

scholarly journals The Definition, signs and types of administrative and procedural guarantees.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-13
Author(s):  
Revista Dixi ◽  
Roman Volodymyrovych Shapoval ◽  
Tetiana Olexsandrivna Kolomoiets ◽  
Oksana Valeriivna Brusakova ◽  
Mikayil Vagif Oglu Garayev
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
State System ◽  
Legal Interpretation ◽  
State Institutions ◽  
Legitimate Interests ◽  
Characteristic Features ◽  
Definition Of ◽  
Direct Implementation

The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.

scholarly journals Components of good information and analytical support to public administration of regional development

2021 ◽  
Author(s):  
T. Melnyk
Keyword(s):  
Regional Development ◽  
Public Administration ◽  
Good Governance ◽  
Local Level ◽  
Legal Regulation ◽  
Main Body ◽  
Individual Element ◽  
Good Information ◽  
Quality Of Information

Problem setting. Effective public administration of regional development is essential for raising the living standards of citizens. In modern conditions, new requirements are put forward to the system of regional management. In addition, the limited resources available for this, as well as the novelty and complexity of socio-economic problems, force us to focus on new factors in the effectiveness of public administration of regional development. A significant part of the problems in this context are related to legal regulation, financing, staffing, the interaction of public and private sectors, the use of new management technologies, information and analytical support. Although all types of support to public administration are important and interconnected, but the information and analytical support allows us to determine the appropriate mechanisms and how they are used to achieve goals, what factors of regional development to focus on. Therefore, the quality of information and analytical provision is an important prerequisite for the effectiveness of the entire system of regional development administration. Recent research and publications analysis. The works of foreign and Ukrainian scientists are devoted to theoretical and practical problems of information and analytical support to public administration. V. Averyanov, V. Bakumenko, M. Volkova, D. Dzvinchuk, A. Degtyar, O. Karpenko, V. Kuybida, A. Semenchenko, Yu. Surmin and others made a significant contribution to the research. Thus, the works of V. Bakumenko and A. Degtyar are devoted to public administration decisions and factors of their effectiveness, including their information and analytical support. Mechanisms of information-analytical support of public administration bodies were studied by V. Averyanov, V. Kuybida, O. Karpenko. Furthermore, the author also relies on the research by S. Bila, S. Chernov, N. Černiauskienė on the factors of public administration efficiency. As for public administration of regional development, its economic component was studied by M. Volkova, but the issue of its good information and analytical support has not been disclosed by scholars and requires thorough research. Highlighting previously unsettled parts of the general problem. Efficiency and effectiveness, feedback, openness and transparency, accountability are the principles of good governance at the local level among others, abidance with which is possible only if they are provided with information and analytical support. Considering this, the purpose of the article is to determine the components of good information and analytical support to public administration of regional development. Paper main body. Information and analytical support to public administration of regional development includes the use of a set of interconnected methods, measures and tools by which the technologies of collection, selection, transmission, transformation, storage and display of information on the current state, forecasts and development goals of various spheres of life in the region are implemented to make  public administration effective. Assessing whether public administration in Ukraine is effective, scholars and practitioners note that the direct results of administrative work are difficult to quantify, and therefore it is expedient to use indirect indicators, in particular through the assessment of the management system and its elements. Consequently the good quality of information and analytical support to public administration is a transversal factor, which depends on the effectiveness of each individual element, and their interaction, and the effectiveness of the administration system in general. Conclusions of the research and prospects for further studies. Good information and analytical support to public administration of regional development means complying the requirements for making the most effective and adequate administrative decisions. Such support should be provided on a systematic basis, which includes the identification of all its important components  institutional, research, resource and financial, competence, technological and organizational, as was done in this study. Each of these components has its own semantic characteristics and can be used as criteria and a lever for the effectiveness of the system of good information and analytical support to public administration of regional development in the process of building such a system. In this context, it is expedient to study the relevant foreign experience, in particular of the European Union, and it is a subject to further research.  

Sign in / Sign up

Export Citation Format

Share Document