АДМІНІСТРАТИВНО-ГОСПОДАРСЬКЕ ПРАВО ЯК ПРАВОВА ОСНОВА ФОРМУВАННЯ ТА РЕАЛІЗАЦІЇ ЕКОНОМІЧНОЇ ФУНКЦІЇ УКРАЇНСЬКОЇ ДЕРЖАВИ

Abstract

The article is focused on clarifying the place of law norms, which are the basis for the formationand implementation of the economic function of the Ukrainian state within the legal system ofUkraine. The research is based on an in-depth analysis of national and foreign legal literature,primarily German one, focused on the system of law, the grounds for the division of law into publicand private, the system of administrative law as the branch of law, administrative and commerciallaw as the branch of Special Administrative Law.The purpose of the article is to substantiate the idea that administrative and commercial law isthe basis for the formation and implementation of the economic function of the Ukrainian state.The author has separately studied internal structure of this branch of Special Administrative Lawin order to single out new legal entities within its boundaries.System of methods. Generally scientific, special and legal techniques and methods of cognitionhave been used during the research. The historical method of cognition has been used whilestudying the history of the formation of views on the division of law into public and private.The formal and logical method has been used while classifying the criteria for dividing the lawinto public and private. The system and functional method has been used while studying the natureof the legal system and the structure of administrative law as the branch of law. The comparativemethod has been used to clarify approaches to understanding the system of administrative law inUkraine and Germany.Results. The use of the specified methods of scientific cognition made it possible: to state theexistence of the universally recognized theory of the division of law into public and private; tosubstantiate the need for strict adherence to this theory of the division of law while separatinglegal entities within those subsystems of law (branches of law, sub-branches of law and legalinstitutions); to emphasize the need to bring the system of administrative law in line with Europeancounterparts, which provide its inevitable division into General and Special Administrative Law; to single out new branches of law within the framework of Special Administrative Law, takinginto account the functional activities of public administration, as well as administrative and legalguaranteeing of the rights of individuals in the field of public administration.Conclusions. The conducted research allowed us to conclude that the formation and implementationof the economic function of the Ukrainian state is guaranteed by administrative and commerciallaw.The separation of this branch of Special Administrative Law is a logical consequence of: a) theapplication of the theory of law division into public and private to legal relations arising fromthe formation and implementation of the economic function of the Ukrainian state; b) thoroughreform of the system of administrative law of Ukraine, which provides the separation of newbranches of law within the Special Administrative Law; c) approximation of Ukraine to theEuropean administrative space, which stipulates bringing the national legal system in line withthe EU legal system.Administrative and commercial law, like any branch of law, consists of small legal entities thathave been formed within its boundaries. We offer to expand the list of institutions of administrativeand commercial law based on new institutions: a) the institution of forecasting and planning ofeconomic development of Ukraine; b) the institution of protecting the rights of business entitiesand consumers; c) the institution of state assistance to chambers of commerce and industry; d) theinstitution of management of economic activity within public sector of the economy.