МЕХАНІЗМ АДМІНІСТРАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ФОРМУВАННЯ ДЕРЖАВНОЇ ПОЛІТИКИ ІНОЗЕМНОГО ІНВЕСТУВАННЯ

Abstract

This article is devoted to defining the essence of the mechanism of administrative and legal support for the formation of state foreign investment policy. In this case, the stage of formation of public policy should be considered separately from the stage of implementation, as it has its own characteristics. The purpose of the study is to determine the essence of the mechanism of administrative and legal support for the formation of state policy of foreign investment, its elements and provide an author’s definition of this concept. Research methodology. To achieve this goal, general scientific research methods (dialectical, analysis, synthesis and structural-functional), as well as special methods (logical, legal, comparative law) were used. In the course of the research, objective and subjective factors of influence on the formation of the mechanism of ensuring the state policy of foreign investment were identified. The objective factors influencing the formation of state policy of foreign investment include: the economic nature of investment relations; geographical and cultural features of Ukraine. Subjective factors included: globalization and the activities of international financial institutions; activities of political forces; activity of civil society institutions. Subjective factors, depending on the field of formation were divided into external (the first of these) and internal (the last two). It is established that the state policy of foreign investment has such special features as: at the same time should be based on current legislation and take into account the laws of economics; aims to establish, ensure and maintain a favorable investment climate, in particular, and the growth of the national economy in general; take into account international law, public law and private law components of investment relations. Conclusions. Studying the existing views of scholars on the nature and elements of the mechanism of state foreign investment policy in various spheres of state functioning, the following components of the mechanism of administrative and legal support of state foreign investment policy, which can be combined into blocks: subjective, practical, methodological, functional.