Economic Code Of Ukraine Research Articles

GENESIS OF LEGAL REGULATION OF CONSUMER RIGHTS IN UKRAINE

The article examines the development of legal regulation of consumer rights in the basic legislation of the USSR and modern Ukraine. This was achieved through the definition of basic consumer rights in the global sense given to Consumer International and acts of International Law, as well as in the Constitution of Ukraine. The list of basic acts in this area in the modern period was supplemented by the Economic Code of Ukraine. In the context of consumer protection, this is justified by the fact that in contrast to the rules of Civil Law aimed at legal regulation of the general rights of consumers without taking into account the individual characteristics of consumers in the market, economic legislation aims to take into account such features. Possible violation of consumer rights and settlement of issues not regulated by private law. There are four main periods of development of law in this area. The period of origin of legal regulation (from 1922 to 1963) can be described as a period in which the rules of law were mainly aimed at protecting the interests of the seller, his counterparty was actually determined by the buyer-enterprise, the consumer in such legal relations was almost not taken into account. In contracts of sale performed functions uncharacteristic of it of the act of the economic legislation. The period of improvement of legal regulation (from 1963 to 1991) is characterized as economic-civil. During this period, there are legal norms for buyers (organizations) and buyers (individuals). Consumer rights and mechanisms for their implementation in this period are expanded, improved and concretized (with some rules and definitions were better than modern counterparts). The period of legitimization and development of legal regulation (from 1991 to 2014) can be defined as the period in which the formation of the main basic regulations in the field of consumer protection of Ukraine. But in the legal field the boundaries and the order of their legal application and interaction were not properly regulated. The current period of legal regulation (since 2014) is characterized by the proclaimed European integration aspirations of Ukraine. Despite the incompleteness of the period, its main trends show that these aspirations in the field of consumer protection remain declarations. Much more often under the "mask" of adaptation to the norms of European Law there are directly opposite processes. Basically, it can be described as a period of stagnation. Also in the article, the shortcomings and advantages of regulating the basic rights of consumers in the basic acts of law at each historical stage were analyzed and the dynamics of transformation of certain legal norms was studied. In addition, the possibilities of im proving the definition of rights enshrined in the Constitution of Ukraine were considered, the need to disclose the potential of the Economic Code of Ukraine in regulating consumer rights and their protection, as well as limited opportunities for regulation only within the Civil Code of Ukraine.

SOME ASPECTS OF THE LEGAL QUALIFICATION OF BALANCING RELATIONS OF THE GAS TRANSPORTATION SYSTEM

The article covers topical aspects on the management of relations arising in connection with the performance by the operator of the gas transportation system of Ukraine of the balancing function when implementing the activities of transportation of natural gas by the gas transportation system. It is argued that economic activity of transportation of natural gas by the gas transportation system is regulated by Section 32 of the Economic Code of Ukraine (EC). The activity of transportation of natural gas is covered by the definition of cargo transportation (Article 360 of EC) because under the contract for natural gas transportation in the pipelines the transposition of industrial and technology production is carried out. Accordingly, relations arising out of the contract for natural gas transportation are covered not only by Civil Code of Ukraine (CC), Laws of Ukraine "On transportation", "On pipeline transportation", "On the natural gas market" and other legislative acts, but also by the norms of the EC, in particular, in terms of legal regulation of cargo transportation and contracts for cargo transportation. In general, the system of relations on the natural gas market can be presented as a body of contracts of different types concluded by the participants of the natural gas market. Rights and obligations of the participants of the natural gas market as parties to relevant contracts are defined directly by the Law "On the natural gas market", as well as by the Gas Transportation Systems Code (GTSC) and by the Model Contract for Natural Gas Transportation, approved by the decision of the National Energy and Utilities Regulatory Commission (NEURC), other subordinate legislation. In its essence, the GTSC is an act of co-regulation of economic activity of the natural gas market by two participants: by NEURC as a regulatory authority in energy and utility and by an economic entity — an operator of the gas transportation system. Accordingly, it is hierarchi cally subordinated to acts of the higher normative level (EC and CC), special laws that regulate relations in the sphere of natural gas transportation, and cannot contradict them. This requirement of hierarchy is manifested, among other things, in the fact that subordinate legislation cannot change mandatory norms of acts of higher legal force, including legal constructions of sale and purchase contract and service contract. In this regard, it is argued that balancing of the gas transportation system and settling of imbalances of customers of gas transportation services shall not be considered as an object of legal relations on the provision of services within the meaning of general norms of Section 63 of CC on services.

Problems of legal regulation of delay interest as a type of civil liability for breach of monetary obligations in Ukraine

This article is devoted to the theoretical study of the legal regulation of delay interest as a type of civil liability for breach of mo -ne tary obligations under Ukrainian law. It is the contractual sanctions, that are one of the most important parts of the contract as theyinduce the parties to comply with their obligations. In addition, sanctions are of a dual legal nature – they are both means of ensuringthe performance of the obligations and a measure of liability for a dishonest contractor. Liability for breach of monetary obligations ischaracterized by conflicting legal provisions and ambiguous court practice. For example, under the Civil Code of Ukraine delay interestand a penalty are regarded as types of forfeit, while in the Economic Code of Ukraine forfeit is treated as a separate type of sanction.However, in the absence of separate definitions of each sanction in the Economic Code of Ukraine, it is unclear as to the meaningintended by the legislator in particular in the concept of “forfeit”. This situation complicates the understanding of legal concepts andrequires a regulatory specification of such provisions in legislative acts. Based on the theoretical analysis, it is necessary to develop scientificallygrounded proposals and recommendations for improvement of law making and law enforcement activities. The legal characteristicsand peculiarities of the delay interest as a type of civil liability are investigated in the article.As a result of a comparative analysis of the regulations in the Civil Code of Ukraine and the Economic Code of Ukraine, the followingdifferences and contradictions were summarized and noted: a) different approach to the definition of “delay interest”; b) unequalapproach to the question of types of obligations to which delay interest can be applied; c) differences in the calculating of delay interestfor breach of a monetary obligation procedures.In order to effectively resolve disputes, the author notes the need to implement unification of the Civil Code of Ukraine with theEconomic Code of Ukraine at the national level and to establish clear rules for the application of delay interest for non-compliance withmonetary obligations.

ПРАВОВІ АСПЕКТИ ГОСПОДАРСЬКО- ЕКОЛОГІЧНОГО РИЗИКУ ДІЯЛЬНОСТІ, ПОВ’ЯЗАНОЇ З ОБ’ЄКТАМИ ПІДВИЩЕНОЇ НЕБЕЗПЕКИ

The article is devoted to an actual topic on the economic and environmental risk of activities related to high risk objects. Such topic has not been practically investigated in domestic economic and legal science. The scientific article contains the key words related to the economic and ecological risk of the mentioned activity, substantiates its scientific and practical relevance in the context of legal support in the conditions of sustainable socio-economic development, as well as guaranteeing the ecological and overall safety of activities related to the high-risk objects. The author notes the research of scientists who have developed problems of economic, commercial, industrial, economic risk, in particular its legal aspects: Prof. A.G. Bobkova, prof. O.V. Bigniak, prof. O.M. Vinnik, prof. I.F. Koval, prof. V.L. Musiyaka, prof. V.V. Reznikova, prof. N.O. Saniakhmetova, prof. R.O. Stephanchuk and others. These scientists have revealed character and peculiarities of risks in economic activity. Some of them have also focused attention on the establishment of legislative restrictions on environmental safety of production, compliance with safety requirements for life and health of people. The author also points out the scientific works on legal environmental risk, highlights peculiarities of its legal nature. The article thoroughly and comprehensively presents the main results of the study, analyzes laws and other normative acts of Ukraine, the United Nations Conventions and documents of the European Union. This allowed the author to conclude on the presence of economic and environmental risk in terms of its adverse effects on the environment, life and health of the population. Based on the analysis of theoretical sources, evaluation of the domestic legislation, the author proposes the definition of economic and environmental risk, as a formal legal basis for the emergence of obligations of economic entities to eliminate the risk in the event of this risk, eliminate its consequences. He also proposes to introduce appropriate amendments to the Article 16 of the Constitution of Ukraine and the Economic Code of Ukraine, regarding the establishment of additional security guarantees for the security of economic activity related to high-risk objects.

ПРАВОВІ ПИТАННЯ РОЗВИТКУ ЕКОНОМІЧНОЇ КОНКУРЕНЦІЇ У СФЕРІ ЗАЛІЗНИЧНОГО ТРАНСПОРТУ

The article highlights the current problems of economic competition in the field of railway transport, as well as identifies areas for the development of relevant legislation. It is noted that the competitive rail freight market has currently being formed. Moreover, the tariff system and the public management in the field of rail transport have being reformed in accordance with EU legislation. The author supports the idea of separating the monopoly sector (the ownership of strategic infrastructure of railway transport), the potentially competitive sector (the market of freight mainline locomotives that includes the private mainline locomotives providing rail transportation) and the competitive sector (rendering services for the carriage of goods and passengers by rail). The author emphasizes that implementation of the competitive terms in mentioned area challenges the appropriate legal framework in order to ensure the demonopolization of the locomotive traction market, separating the functions of the railway operator and the infrastructure operator, formatting the tariff policy with incentives. The researcher concludes that a balanced legal policy is needed, taking into account the interests of the state, business, railway industry. In addition, it is necessary to create the adequate legal basis for the development of fair economic competition in the field of rail freight transportation. It is noted that the priority tasks are as follows: creating a national commission as an independent regulatory body for natural monopolies in the field of transport, in particular in the field of railway transport; adopting the specific Law of Ukraine "On Railway Transport", amending the Economic Code of Ukraine in terms of concluding commercial agreements on the organization of transportation, in particular electronic ones; supplementing transportation participants with new entities, such as the infrastructure operator, the railway transportation operator.

Pro-Subjective Enterprise Concept

The article is devoted to the enterprise concept theoretical framework development, which is objectified in both Civil and Economic codes of Ukraine. Thus, named concepts are fundamentally different. In particular, Civil Code of Ukraine recognises enterprise as an object. In the same time Economic code gives a birth to prosubjective enterprise concept. Nevertheless, both legal acts are aimed to regulate economical relationships, which results to doctrinal and practical needs to identify the optimal approach of understanding the nature of enterprise under the current legislation of Ukraine. In order to identify the place of the enterprise in the system of subjects of economic relations, the relevant concept is compared with other subjects of the economic relations (business entity; business organization) and with the intersectoral participant of business relations – a legal entity. Based on the analysis of these concepts, the Authors claimed a non-systematic approach to concept defining under the Economic Code of Ukraine and other shortcomings of legislative techniques in the definition of the enterprise under named act, which resulted in the absence of a clearly constructed system of subjects of economic law. Thus, the establishment of the place of the enterprise in the relevant system seems impractical

ECONOMIC COSTS ON THE CHANGE OF ORGANIZATIONAL AND LEGAL FORMS OF ECONOMIC DECREASE BY RECORDING OF THE CIVIL CODE OF UKRAINE AND CANCELLATION OF THE ECONOMIC CODE OF UKRAINE: TO DISCUSSION

Topicality. Today, the scientific environment discusses a legislative proposal to abolish the Economic Code of Ukraine and enshrined in the recodified Civil Code of Ukraine types of organizational and legal forms of management based on corporate rights. Aim and tasks The purpose of the article is to develop a methodological approach to determining the economic costs of bringing legal entities to their organizational and legal forms and constituent documents in accordance with the requirements of the recodified Civil Code of Ukraine through the abolition of the Economic Code of Ukraine. Research results. The number of legal entities that are registered in Ukraine has been determined, which should change the legal form of economic activity and types of economic expenses: obligatory, highly probable, and unlikely. Compulsory expenses include expenses of legal entities for state registration of changes in constituent documents, administrative fee, payment of notary services, printing expenses. In addition, many legal entities may incur expenses related to: payment of legal services of third parties on state registration of changes in the constituent documents, production of new seals and stamps, payment of additional duties for the employees of the company. It is through registration of necessary documents, holding general meetings founders, transportation expenses for visiting state registration bodies, payment for printing services, etc. For some businesses, the costs may be increased by the cost of services such as: re-licensing, re-contracting with counterparties, re-issuing leases of land and real estate, as well as the amount of downtime associated with a reorganization. Conclusion. According to the results of the costs calculation for the change by the legal entities of their organizational and legal forms and constituent documents in accordance with the requirements of the recodified Civil Code of Ukraine. It is established that each legal entity will spend almost three thousand UAH, and the maximum amount of expenses depends on the type of economic activity and the legal form of management, and thorough an analytical research is needed to calculate the real cost.

Budget Support for Active Aging Processes in the Context of the Sustainability of Public Finances

The article is devoted to the problems of budget support of active aging processes and sustainability of public finances of Ukraine. This problem is urgent because of the accelerating pace of demographic aging, cross-country migration, limited budgetary resources, which in their totality increase the burden on the younger generation, create financial risks for the government and households. This problem remains out of research focus in spite of the rising need to increase budget expenditures, maintain the long-term sustainability of public finances, enforce new regulatory measures on the labor market and the health care system, provide social and educational services, and reduce the poverty among the elderly. New approaches to citizen support should be in line with the European norms, which, in their totality, contribute to the active longevity of the population, reduction of the tax burden, relief of the pressure on the next generations and continuity between generations.
 The financial support of social services provided to the elderly is analyzed, with identifying its problematic aspects. In order to improve approaches to financing social services, a Matrix of Choice of Social Services for Active Aging and Forms of Financing is constructed. To expand the sources of funding for active aging processes, it is proposed to introduce co-financing of selected social projects by government and businesses.
 It is substantiated that the Sustainable Development Goals, as well as the provisions of the Active Aging Strategy, should be consistent and taken into consideration in formulating social and budgetary policies that need to be based on the targets of the Active Aging Index.
 In order to implement the budget mechanism “money goes after a person”, aimed to enhance the targeting of social assistance programs, amendments to the Budget Code of Ukraine, the Economic Code of Ukraine, the Laws of Ukraine “On social services”, “On improving the accessibility and quality of health care in rural areas” are proposed. Recommendations on using the compensatory mechanisms to enhance the ability of the government to provide the adequate financial support for active aging without breaking the sustainability of public finances are elaborated.

ДЕЯКІ ПИТАННЯ ЗАСТОСУВАННЯ МЕХАНІЗМУ КОНЦЕСІЇ В ПОРТОВІЙ ГАЛУЗІ: СУЧАСНИЙ ПОГЛЯД

The article examines the features of the application of the concession mechanism for seaports in modern conditions. Within the framework of the consideration of the issue, the sequence of the adoption of regulatory legal acts was established, with the help of which, ultimately, it became possible to use the concession of seaports. It has been established that the legal basis governing the application of the concession mechanism in the port industry is: the Law of Ukraine «On Public-Private Partnership», the Law of Ukraine «About Concession», the Economic Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine «On Natural Monopolies» and others. The characteristic features of seaports as objects of concession have been determined. The place of concession projects among the ways to improve the investment climate in the port industry is considered. The advantages and disadvantages of concession projects have been studied, the problematic points of their implementation have been identified. In addition, the value of the term of the concession agreement was established. The concession tender and competitive dialogue as a possible way to select a concessionaire were investigated by the method of comparison. The problematic aspects of transformation of lease relations in seaports into concession ones are considered. This is especially important since most of the port infrastructure facilities are leased. The necessity of using the concession mechanism in seaports has been established precisely within the framework of public-private partnership. The priority value of the concession among other types of public-private partnership is indicated. It was concluded that the concession is an effective mechanism for increasing investment income and developing the port industry. Along with this, the focus is on the need to find alternative ways of developing the port industry.

ECONOMIC CONTRACTS: NOTIONS, SIGNS AND CONDITIONS OF CONCLUSION

Purpose: the article deals with the theoretical and legal concepts of economic contracts, determination of their legal nature, special features and conditions of their conclusion. Methods: the study was conducted using scientific and classical knowledge methods. Using the method of generalization, an analytical study was carried out and the concept of «economic contract» was defined by scientists. Using the comparative method, the peculiarities of the conclusion of an agreement and features of economic contracts have been considered. Results: the own concept of an economic contract is provided. Different concepts of scientists have been analyzed; a subject, contents and essential conditions of economic contracts’ conclusion have been defined. Discussion: the issue of the lack of definition of the concept of «an economic contract» at the legislative level and in the Economic Code of Ukraine.

EVOLUTION OF THE BACKGROUND SYSTEM OF INTEGRATION OF DOMESTIC ENTERPRISES INTO THE WORLD ECONOMY: THEORETICAL PROBLEMS

Modern civilization processes are due to production processes. In any management system, the enterprise is its key element. The theoretical definitions of the essence of “production” and “enterprise” concepts in certain aspects do not coincide with the corresponding legal definitions. This clearly illustrates the dynamics of domestic legislation at the stages of the adoption of relevant laws of Ukraine from the “Law on Enterprises” to the Economic Code of Ukraine. Prospects for the integration of domestic enterprises into international production networks are significantly dependent on their ability to move to modern management standards, systematically coordinated with sustainable development processes based on innovatization, focused on the requirements of entry into the information society space. In Ukraine, during the period of state independence, the adoption as a national series of key international standards is implemented. But the unevenness of the evolution of the components of both constant and technological development is also determined. This gives rise to corresponding negative consequences and requires a search for mechanisms by which the characteristics of the harmony of the above components will be determined, on the basis of which it will be possible to effectively manage them in order to bring them to the desired state.

ДО ПИТАННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ДЕРЖАВНОГО УПРАВЛІННЯ ГОСПОДАРСЬКОЮ ДІЯЛЬНІСТЮ В УКРАЇНІ

The aim of this article is to consider the regulatory framework of state governance and management of economic activity in Ukraine the notion of relevant framework, the nature of the relations that such framework applies its effectiveness. The methods of formal logic are used: analysis, synthesis, induction, deduction, analogy, generalization. The author analyzes the notion of “legislative” and “framework”, based on she synthesizes and generalizes her own vision of the concepts of “legislative framework” and “regulatory framework”. Relationship about state governance and management of economic activity is delimited deductively. Conclusions are drawn about the effectiveness of the regulatory framework of the relevant direction of State’s activities with applying induction. The view expressed that the legislative framework should be included only laws of Ukraine and international agreements ratified by the Verkhovna Rada of Ukraine, the consent of which is binding on the Verkhovna Rada of Ukraine. Results and conclusions. It is emphasized on the need to delimit the terms “regulatory framework”, “legislative framework”, “law framework”. The ratio of the latter two concepts can be determined by analogy between the concepts of “system of legislation” and “system of law”. The author draws attention to the fact that the principle of the definition of the range of relations covered by the regulatory framework for state governance and management of economic activity is the understanding of the subject of such activity – the state, which is endowed with both powers of authority and economic legal personality. At first case, it is state governance, at second – state management. Therefore, the relevant regulatory framework unites sources that determine the rules of conduct for the state – the subject of power and the state – a subject with economic legal personality. It was also emphasized that the quality of the regulatory framework of state governance and management of economic activity in Ukraine depends on the proper implementation of the state regulatory policy in the field of economic activity, primarily the principles of the relevant policy. They defined by the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”: expediency, adequacy, efficiency, balance, predictability and take into account of public opinion. The latter may serve as criteria for regulatory acts in the field of economic activity, the discrepancy with them is indicates the poor quality of such legal act and the inexpediency of acceptance. At the same time, the quality of regulatory acts indicates the level of state regulatory policy as a whole, and their application effectiveness of state governance of economic activities. The author made a conclusion that in order to eradicate the practice of adopting regulatory acts on the same issues, relevant legislation should be primarily incorporated with subsequent codification. Those regulatory acts that management economic, in particular, organizational and economic relations, shall be codified within the Economic Code of Ukraine, those acts that govern administrative relations – in a special law and future Code of Administrative Procedures.

Щодо здійснення майнових прав товариств з обмеженою та додатковою відповідальністю однієї особи.

The article is devoted to the research of the exercise of the property rights of limited companies and additional companies of one person. Attention is paid to the performance of the sole participant of the functions of the supreme and executive bodies of the company at the same time; fulfillment of the function of the director on the basis of an employment contract with the company and without its conclusion; the exercise of property rights without the subject's determination of such rights; lack of separation of powers of a single participant as a participant (founder), supreme body of the company and executive body of the company. The provisions of the national legislation on property, property rights and subjects of their realization, which are contained in the Law of Ukraine On property valuation, property rights and professional valuation activity in Civil Code of Ukraine, Economic code of Ukraine, Law of Ukraine On partnerships limited and additional liability and certain other legal acts. The court practice of resolving disputes arising between public authorities and companies with limited companies and additional of one person in the case of performing a single participant functions of a director without concluding an employment contract with the company is analyzed. The existence of different approaches to understanding the essence of the relevant legal relationships is revealed. The own proposals for ways of solving the identified practical problems are substantiated. According to the results of the analysis, the proposals for exercising the property rights of limited companies and additional companies of one person are substantiated, namely: the proposed forms of confirmation of the authority of a single participant in the performance of the functions of the supreme body of the company and executive body of the company during the exercise of the property rights of limited companies and additional of one person; the proposed forms of exercising the property rights of limited companies and additional of one person are the sole participant in the performance of the functions of the supreme body of the company and executive body of the company.

Principles of Сommercial Law in the Commercial Code of Ukraine

Principles of Сommercial Law in the Commercial Code of Ukraine

Правові аспекти державного фінансового контролю щодо діяльності суб’єктів господарювання державного сектору економіки.

The article gives the legal characteristic of state financial control as one of state organizational instruments on economic entities’ activity of public sector of the economy. Problematic legal issues which arise by executing of such control were considered. According to the results of conducted research the propositions for improvement of legal support of state financial control on economic entities’ activity of public sector of the economy were grounded, namely: clarification of provisions concerning the circle of economic organizations which are admitted by economic entities of public sector of the economy and whose activity is the subject to state financial control; renewal of operational audit on the biggest economic entities’ activity of public sector of the economy and determination of such audit as a special form of state financial control which is different from state financial audit; formalization of the right of the body of state financial control to inspect the correspondence of actual income and expenses of economic entities of public sector of the economy to the indexes which are determined by annual financial plans of these entities; establishment of regulation according to which request in writing of the body of state financial control on rectifying violations of the legislation detected under state financial control, the measures which the subsidiary organization must take to rectify such violations should be mentioned; taking into account when conducting unified monitoring of the effectiveness of state property management of condition of response to entities of such management on the proposals and recommendations provided on the results of the implementation of state financial control. For implementation of given proposals, the introduction of appropriate changes to the Law of Ukraine “On the Basic Principles of Implementation of State Financial Control in Ukraine”, Economic Code of Ukraine and other normative legal acts was grounded.

: (Expediency of Relations Regulation in the Economy by the Economic Code of Ukraine: Foreign Experience)

Ukrainian Abstract: У статті вказано на регулювання відносин у сфері економіки в зарубіжних державах – комерційними кодексами у США, Японії, Південній Кореї, Бразилії та економічно розвинених європейських країнах. Проведено аналіз генезису господарського законодавства. Доведено конструктивність позиції вчених, що виступають за регулювання відносин в економіці Господарським кодексом України. В статье указано на регулирование отношений в сфере экономики в зарубежных государствах – коммерческими кодексами в США, Японии, Южной Кореи, Бразилии и экономически развитых европейских государствах. Проведен анализ генезиса хозяйственного законодательства. Доказана конструктивность позиции ученых, выступающих за регулирование отношений в экономике Хозяйственным кодексом Украины. English Abstract: The article declares regulation of relations in the economies of foreign countries – by the Commercial Code of the United States, Japan, South Korea, Brazil, and economically developed European countries. It discusses the genesis of economic legislation. It proved the position of scientists advocating the regulation of relations in the economy by the Economic Code of Ukraine.

Economic activities of legal entities: problems of theory and practice

The purpose of this article is to define the current view of the kinds of economic entities and their relationship with the types of legal entities and comparison with the appropriate forms of management. Starting position for research outlined issues is the definition of economic activities, establishing its relationship with the business personality of legal persons and civil juridical personality of the participants of legal relations. In economic activity refers to the activity of economic entities in the field of social production aimed at manufacturing and sale of goods, works or services of value character that have price certainty. The following analysis of economic legislation to determine the kinds of relationships covered by the concept of “economic activity”, which include economic and industrial (property and other matters arising between business entities in the course of economic activity), organizational and economic (relations between business entities and business organizational and economic powers in the management of economic activities) and internal relations (relations between structural units of the entity and the entity's relationship with its structural units. Thus, the question arises as to the limits of the concept of economic activity in general in identifying and determining the types of economic relations. Business and non-entrepreneur activity has the appropriate organizational forms, but these forms are defined as any. Thus, almost axiomatically accepted provisions entrepreneurial economic activity takes the form of companies and business enterprises and non-entrepreneur - non-entrepreneur companies. Instead, legislation defines enterprise as the organizational form of management, so enterprises can be created both for business and for non-entrepreneur (sole legally defined type of communal non-entrepreneur enterprise). In turn, recent research confirms the position that the company is not a form of non-profit activities. Thus, the analysis of legislation and scientific approaches to economic activity allows the following conclusions. First, the Economic Code of Ukraine aims to regulate business entities, i.e. their activities to create economic result that is valuable in nature and aimed at ensuring the existence of the market. Second, dichotomous division management on the business and non-entrepreneur activities require a certain view, given the nature of the activity, rather than on the legal form of the entity. Thirdly, it is necessary to outline the general principles of regulation of non-profit activities, given the current economic relations in the country. A promising area of reform of the legal regulation of economic activity, in our opinion, is not only an understanding of managing a business, reducing the number of regulatory acts and delimitation of economic law and civil law regulating the status of participants in legal relations. Fundamental principles of this process should determine the types of business entity as economic and legal category, and the legal form of legal entities, as civil category inability to legal identification.

Особливості цивільно-правової відповідальності залізничного перевізника за втрату вантажу

У статті проаналізовані теоретичні та практичні проблеми цивільно-правової відповідальності залізничного перевізника за втрату вантажу. Визначено основні підходи та позиції судової практики щодо вирішення окремих проблем відповідальності залізничного перевізника. Висловлена власна позиція стосовно проблем цивільно-правової відповідальності залізничного перевізника за втрату вантажу та запропоновано шляхи їх вирішення.

Щодо поняття адміністративно-господарських санкцій за правопорушення на ринку цінних паперів

У статті проаналізовано законодавство, судова практика, наукові напрацювання вчених з питань розуміння поняття адміністративно-господарських санкцій за правопорушення на ринку цінних паперів, висвітлюються особливості правового регулювання учасників ринку цінних паперів щодо яких застосовуються санкції, розглянуто види адміністративно-господарських санкцій з урахуванням поділу на заходи організаційно-правового та майнового характеру, досліджено ознаки, порядок та особливості їх застосування, сформульовано поняття адміністративно-господарських санкцій за правопорушення на ринку цінних паперів.