STATE REGULATION OF THE NATIONAL ECONOMY IN THE CONDITIONS OF WAR (FOR EXAMPLE ELECTRONIC COMMUNICATION SERVICES MARKET)

Abstract

The purpose of the article is to systematize and generalize the features of state regulation of the market of electronic communication services under martial law. It is noted that the needs for regulation during the war may change depending on market conditions and the structure of the legal framework, shelling of critical infrastructure, cyber attacks, but the key components for effective regulation are the functional aspects of the regulatory body, its subordination, the analysis of the preventive and operational regulatory impact at decision-making, protection of the industry and protection of consumer rights, etc. The article presents the regulatory framework of the state regulation of the market of electronic communication services in modern and historical aspects. It was determined that the national regulator of the market of electronic communication services in Ukraine is the National Commission, which carries out state regulation in the fields of electronic communications, radio frequency spectrum and the provision of postal services (NСEС), the main functions of the regulator are given. The main directions of state regulation of the market of electronic communication services in Ukraine are considered. It is substantiated that the trends towards liberalization in the field of electronic communications are related to global processes and opportunities that regulatory bodies face as services expand, platforms and network operators converge. It was noted that responding to market behavior and the growing need to ensure the safety of critical infrastructure and protect consumer rights determines the use of appropriate regulatory tools, the choice and adoption of which is complicated for the industry regulator in the modern convergent environment due to military actions. The corresponding institutional structure is described. It was concluded that the institutional structure in the field of electronic communications is complex, it includes relations of industry regulation between the state and international institutions, relations between the industry regulator and the antimonopoly authority, during the years of independence, the regulatory system in the field of electronic communications of Ukraine has gone through many stages and, accordingly the object of regulation changed (electrical communications, telecommunications, electronic communications). In conclusion, it is stated that a certain dualism of the need for state regulation can be traced due to the inefficient functioning of market mechanisms, which, in turn, is due to the lack of the necessary institutional structure that would fully satisfy the needs of the national economy in wartime. It is emphasized that usually the state regulation of electronic communications is aimed at ensuring a competitive market structure in order to achieve advantages from such a structure, from the point of view of the consumer, lower tariffs, better quality and an expanded range of services, and from the point of view of the state and business entities – to achieve maximum market growth with an increase in volume, lower costs, development of new services. However, in wartime, aspects of security, preservation of infrastructure and protection against cyberattacks come to the fore. It was concluded that in the field of electronic communications, in the presence of significant network effects, important areas of state regulation appear in wartime, which are related to standardization and compatibility, which shape the nature of innovation and price competition, as well as ensuring the stable functioning of networks after shelling of critical infrastructure. In the absence of compatibility of security and market aspects, the benefits for consumers and the provision of competition in the relevant market are reduced, as well as the fulfillment of social functions historically inherent in the communications industry is impossible.