Legal Field Research Articles

Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services

The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the National Commission for Control over the Market of Non-Banking Financial Services), the formal-legal method (for establishing the content of legal norms), the formal-logical method (for identification of shortcomings in national legal regulation), comparative legal method (for studying the experience of other countries and determining the prospects for implementing their principles of activity in the national legal field). It has been studied that the special status of the commission is that it ensures the stability of the entire non-banking financial system of Ukraine, establishing the requirements that such institutions must meet, namely requirements for: liquidity, solvency, capital, asset quality, risk level of operations, profitability. The work examines the relationship between the commission and the National Bank of Ukraine, their cooperation in the market, which consists in the development of regulatory and legal acts and their approval. The need for the National Bank of Ukraine to delegate its powers to the National Commission for Control of Non-Banking Financial Services in relation to: registration of market participants, licensing of non-bank financial institutions, determining the procedure for issuing and canceling a license, approving the terms of operation of such institutions. In view of this, a new model of state regulation on the market of non-banking financial services was proposed in the form of concentration of all control functions on the market in a single operationally independent regulator - the National Commission for Control of Non-Banking Financial Services, which is in close cooperation with the National Bank of Ukraine and by the National Securities and Stock Market Commission. Also, the article emphasizes that regulation by the National Commission for Control of the Market of Non-Banking Financial Services should be complemented by a system of self-regulating participants in the market, which are an additional tool to state regulation.

Adjusting the Legal Profession’s Privacy Responsibilities to Keep Up with Technological Changes

Protecting privacy is rarely simple. Privacy is a right that has significant limitations, especially where legal actions are concerned. For example, there are situations in which privacy laws may be relaxed, especially when it comes to criminal activity. In these instances, information being shared may not necessarily be considered a breach of ethics. Moreover, there are situations in which a lawyer may be allowed to violate their duty of confidentiality, such as when they have confidential information that would prevent harm to another person. In these instances, it can be complicated for lawyers to assess the nuances of the situation, especially when their client shares information—in confidence—about criminal activity. Thus, an ethical lawyer must often consider how to properly and ethically use the sensitive and private information they obtain. The obligations lawyers have regarding information are very serious. A breach of privacy ethics could have a drastic impact on individual clients and on the practice of law in general. The legal profession remains fairly traditional compared to other industries, and as a result, modern technology is something many lawyers may not be especially knowledgeable about. Legal professionals may not understand the risks associated with this technology, especially when it comes to cyber security. However, they must learn about technology and the ways in which it may impact privacy in the legal field in order to uphold legal ethics.

Legal perspectives on innovations and intellectual property rights

The article focuses on the legal aspects of innovations and intellectual property. The relevance of the study arises from the fact that innovations are increasingly affecting human life. At the same time, the issue of copyright is quite acute since intellectual property in the modern information space is a resource that must be protected very carefully. Therefore, the legal aspects of innovations and intellectual property require a comprehensive study. The following research methods were employed in this paper: description, analysis and synthesis, comparison, generalization, and modeling. The article describes the importance of innovations at the present stage. It defines the essence of the "innovations" concept. The authors reviewed normative legal acts representing the legal aspects of innovation. They include the Law of Ukraine "On Innovation Activity," the Law of Ukraine "On Priority Areas of Innovative Activity," the Law of Ukraine "On Priority Directions of Science and Technology Development," the Law of Ukraine "On State Forecasting and Development of Programs of Economic and Social Development of Ukraine." The role of the state in regulating innovations in the legal field is disclosed. Normative legal acts in the field of intellectual property were systematized. The DSTU 3574-97 Patent Formulary is analyzed, covering its basic provisions, the procedure for compilation and design, as well as the DSTU 3575-97 Patent Research, including its basic provisions and the procedure for conducting it. The authors also analyzed the Law of Ukraine "On Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights," the Law of Ukraine "On Copyright and Related Rights," the Constitution of Ukraine, the Civil Code of Ukraine, Presidential Decree No. 299/2017, the Resolution of the Cabinet of Ministers of Ukraine "On the Formation of the Council on Intellectual Property Issues," and the "Patent Law Agreement."

Live Streaming of Court Proceedings in India: A Step Towards Strengthening the Access to a Transparent and an Accountable Judiciary

Objectives: The objective of this research is to analyze the efficacy of the adoption of Court Proceedings’ Live Streaming in India as a means to strengthen access to a transparent and accountable Judiciary. The research also aims to examine existing global frameworks concerning court proceedings’ live streaming. Methods: This research utilizes a comprehensive analysis approach, examining the implementation and impact of Court Proceedings’ Live Streaming in India and globally. It involves reviewing existing literature, legal frameworks, and case studies to understand the various dimensions and implications of live streaming in the legal and judicial field. Results: The analysis reveals that Court Proceedings’ Live Streaming has significant potential to enhance transparency and accountability within the judiciary. It allows real-time access to courtroom proceedings, aligning with the open justice principle. However, it also highlights various concerns such as balancing the right to privacy of parties involved, addressing copyright ownership issues, mitigating cyber security threats, and preventing the dissemination of false information. The research identifies potential safeguards and measures to address these concerns effectively. Conclusion: In conclusion, Court Proceedings’ Live Streaming represents a significant development in the legal and judicial field, providing unprecedented access to courtroom proceedings. While it has the potential to enrich constitutionalism and empower the masses, it also necessitates careful consideration of various legal and ethical concerns. By implementing appropriate safeguards and measures, live streaming can contribute to a more transparent and accountable judiciary while ensuring the protection of rights and interests of all parties involved.

La inteligencia artificial y la aplicabilidad en la administración de justicia: avances, desafíos y puntos de vista

The integration of AI in the legal field has generated an impact on the administration of justice, its influence on society and its potential to improve efficiency and access to justice. This study evaluates the feasibility and convenience of implementing AI systems in the administration of justice through a doctrinal and legal analysis, considering the potential of AI to optimize judicial processes and its implications in terms of legal certainty and procedural economy. The intersection of AI with law is examined, adopting notions of coding, algorithms and the adoption of Legal Expert Systems. The objective is to present an alternative to address saturation in the justice system, respecting the principles of legality and procedural economy. A qualitative bibliographic methodology is used to analyze the perspective of AI as a tool to reduce times and costs associated with judicial processes, concluding that its balanced and ethically responsible implementation could bring significant benefits, which requires a weighing of regulatory and ethical aspects to guarantee the respect for constitutional guarantees and avoid consequences, thus highlighting the growing relevance of AI in the legal field and its influence on the administration of justice.

Research on the Specificity, Orderliness, and Effectiveness of Legal Clinic Education

With the continuous development of legal education, legal clinic education, as one of the most practical activity-based courses, first originated in the United States. However, it is now being vigorously promoted and implemented in many law schools across universities in China. Many law schools have been running legal clinics for years with significant results. Through participating in the KINDALL Legal Clinic activities for three years, the author has gained a wealth of experience and conducted research to pursue a more valuable and engaging model of legal education. This research involves theoretical study and discussion, action research, and social practice, aiming to develop a "three-in-one" integrated model of legal clinic education. The findings indicate that this model makes legal clinic education more tangible, orderly, and effective. As a result, legal clinics play a greater functional role, becoming a tangible way for students to enter the legal field, an orderly platform for students to enrich their legal practice continuously, and an effective ground for students to display their talents.

인공지능기반 사전학습언어모델 적용방안에 관한 연구

Pre-trained Language Model(PLM) refers to a natural language processing(NLP) model that has been pre-trained using large amounts of text data. The PLM has the limitation of not being able to understand domain-specific terminology due to a lack of training data for terminology. Therefore, the need for a domain-specific language model modified through BERT- or GPT-based pre-trained learning has recently been emphasized. In this study, we analyze BERT's pre-training method and BERT-based transformation techniques (ALBERT, RoBERTa, ELECTRA) and propose a PLM that can be used in biomedical, financial, and legal domains. The biomedical-specific pre-trained learning model is designed to learn domain-specific language characteristics such as technical terminology, medical sentence structure, and medical entity name recognition in the biomedical field. It is mainly adjusted to be applied to biomedical tasks through transfer learning based on BERT's pre-training method and architecture. For this purpose, it is pre-trained with pre-trained biomedical text data, and this pre-training transfers domain-specific knowledge to the model through learning representations for biomedical-related texts. The finance-specific pre-trained learning model is a model that can understand and process financial terminology, financial market trends, and sentence structures and vocabulary related to financial products and services. It can be used to generate news articles about financial market trends and to extract key information by concisely summarizing long texts such as financial reports and corporate press releases. Additionally, finance-specific pre-trained models help financial analysts generate investment recommendations based on a company's financial condition, performance, and prospects. The legal-specific pre-trained model is a language model suitable for legal documents and is used for legal document classification, legal document summarization, and legal document similarity evaluation. The legal-specific pre-learning model was created by pre-training the BERT model on special texts in the legal field, and through this, it learns characteristics specialized for legal documents. The performance of the legal-specific pre-training model can be improved to solve legal-related tasks through scratch pre-training and additional pre-training using legal corpora.

IS LEGALESE A GOOD MEDIUM OF COMMUNICATION? - AN EMPIRICAL STUDY

India became independent 77 years ago. It marked a new beginning for the country. It became more nationalised in its approach. India started supporting local businesses and moving towards self-sufficiency. We gave ourselves a new constitution which mapped the development of our beloved multi-linguistic, multi-cultured nation. We started re-writing our laws adept to our needs. The language of the laws however, still remains the same. It won’t be wrong to say that each profession has its own language, certain terms that are privy to that particular group of people. The legal field also has a different language, also commonly known as the “legalese”. It is predominantly archaic English consisting of Latin and French terms. As a layman we deal with multiple transactions daily and end up following and breaking many a laws, intentionally or unintentionally, but mostly unintentionally. In the famous case of State of Maharashtra versus MH George, the court recognized an important principle of the nation- Even a stranger passing through the nation must be aware of the laws of our nation. It puts an added responsibility for Indian citizens to be aware of the laws of the nation. Some jurists claim the use of legalese is used in the drafting of laws because of the precision it provides. This article shows empirically how difficult it is to comprehend legalese and how it can be simplified while preserving precision to be made more accessible using plain language. One of the aims of the Indian Knowledge System is to make knowledge accessible. Language plays a pivotal role in education. Once the legal language is simplified it becomes easier not only to comprehend but also to translate it into multiple other regional languages of India. The article also shows how the simplified version of the law can be easily translated into a more comprehensive translation into “Hindi” language of the same provision.

Report on English-Chinese Translation Practice Based on Trados Computer Aided Translation: A Case Study of Procedure in Civil Cases in the U.S. Courts

This report focuses on the translation practice of parts of the text from "Procedure in Civil Cases in the U.S. Courts" using the Trados translation software. By comparing and analyzing the application of Trados in the translation process, this study aims to reveal the advantages and limitations of using computer aided translation (CAT) tools in legal text translation. The research finds that Trados significantly aids in the field of legal translation; however, its effectiveness is still limited by the translator's grasp of legal expertise. Therefore, this paper intends to offer practical suggestions and experience summaries for legal text translation and to discuss the pros and cons of CAT tools in specific fields. Through an in-depth analysis of Trados usage and a detailed examination of the translation practice results, this paper aims to provide feasible recommendations for improving the quality of legal text translation and to serve as a reference for the application of CAT tools in the legal field.

The Use of Social Media Among Indigenous Communities In Improving The Economy Towards The Progress of The Modern Era Based on The Republic of Indonesia Law No. 19 of 2016 Concerning Amendments To Law No. 11 of 2008 Concerning Electronic Information And Transactions

Social media, also known as social networks, is part of new media. It's clear that the interactive content in new media is very high. Social media, quoted from Wikipedia, is defined as an online media, where users can easily participate, share, and create content including blogs, social networks, wikis, forums, and virtual worlds. Blogs, social networks, and wikis are the most common forms of social media used by people around the world. Social media has a significant influence on societal changes regarding their personalities. The purpose of this research is to determine the implementation of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, the application of sanctions for social media users who harm others. This research study is normative juridical in nature as the main approach, considering that the discussion is based on legislation and legal principles applicable to issues of information technology crimes. The juridical approach is intended to conduct an assessment of the legal field, especially criminal law. Most social media users who intend to harm others in their use of social media will be ensnared by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), whether intentional or unintentional. The law should provide protection to internet users by thinking positively, having good intentions, and taking decisive action against cybercrime perpetrators. However, the legal system has not yet addressed all computer crimes through the Internet. The ITE Law is expected to provide guidelines in restricting the use of social media for the public.Top of Form

Exploring the Role of AI in Modern Legal Practice: Opportunities, Challenges, and Ethical Implications

Artificial Intelligence (AI) technologies have emerged as powerful tools with the potential to revolutionize the legal field. This paper explores the multifaceted implications of AI in law, examining its transformative impact on legal practice while addressing the ethical and regulatory challenges it presents. Through an analysis of key applications such as legal research, predictive analytics, document review, and automation, the paper highlights the opportunities AI offers for increased efficiency, accuracy, and access to justice. However, it also underscores the complex ethical considerations surrounding AI, including issues of algorithmic bias, transparency, accountability, and data privacy. Moreover, the paper emphasizes the importance of ongoing research and dialogue to navigate these complexities effectively, advocating for interdisciplinary collaboration between legal professionals, technologists, ethicists, and policymakers. By fostering a shared understanding and proactive approach to addressing ethical and regulatory challenges, we can ensure that AI technologies are deployed responsibly and ethically in the legal profession, ultimately advancing fairness, transparency, and integrity in the legal system.

Expectations and concerns regarding medical advertisements via large commercial medical platform advertising companies: a legal perspective

Advertising in the medical and legal fields, which are among Korea's leading professions, has increasingly utilized major advertising platforms such as LawTalk and UNNI—two of the most prominent and contentious platforms in their respective fields. While it is generally unproblematic for professionals like lawyers and doctors to promote public interest through advertising on these commercial platforms, the creation of a profit-driven structure has the potential to undermine their professional ecosystems. This article explores the issues associated with advertising in the medical field through large commercial platforms, drawing on notable examples from the legal and medical fields in Korea. Specifically, we analyze two of the most popular yet controversial platforms in these sectors, LawTalk and UNNI. In Korea, the format and method of advertising are legal as long as they do not involve referring or soliciting clients, thereby making platform advertising lawful when used solely for that purpose. Nevertheless, it is crucial to prevent medical advertising platforms from establishing market monopolies by skirting various profit regulations and laws. In response to these concerns, the Korean Bar Association has prohibited all advertisements by platform companies. The medical community should closely examine the rationale and process behind this decision. Given the significant social influence of large corporate platforms and the unique social responsibilities of the medical and legal professions, future platform advertising should be subject to distinct legal and institutional regulations that differ from those applied to general services.

Analyze the Importance of Diversity in the Legal Profession, Using the Example of the LGBT Subgroup

In recent years, the diverse professional backgrounds of legal practitioners have aroused research interest among scholars, as well as practitioners in the practice field. This essay focuses on LGBT subgroup in diversity, who are vulnerable to exclusion from others due to special gender identity and sexual orientation, and there are barriers to entering the legal profession. However, the entry of this group into the legal field may increase the diversity of the legal profession and contribute to the realization of justice, the formation of an ethical climate and economic benefits. In this regard, this essay provides suggestions on promoting LGBT groups to enter the legal profession from the perspectives of judicial policy, legal industry recruitment, and the establishment of a sense of belonging. This essay selects the diverse LGBT subgroup to discuss its importance in the legal profession and its significance to social development, which could fill the research gap to a certain extent.

Artificial intelligence in judicial adjudication: Semantic biasness classification and identification in legal judgement (SBCILJ)

History reveals that human societies have suffered in terms of social justice due to cognitive bias. Semantic bias tends to amplify cognitive bias. Therefore, the presence of cognitive biases in extensive historical data can potentially result in unethical and allegedly inhumane predictions since AI systems are trained on this data. The innovation of artificial intelligence and its rapid integration across disciplines has prompted questions regarding the subjectivity of the technology. Current research focuses the semantic bias in legal judgment to increase the legitimacy of training data. By the application of general-purpose Artificial Intelligence (AI) algorithms, we classify and detect the semantics bias that is present in the Chinese Artificial Intelligence and Law (CAIL) dataset. Our findings demonstrate that AI models acquire superior prediction power in the CAIL dataset, which is comprised of hundreds of cases, compared to a structured professional risk assessment tool. To assist legal practitioners during this process, innovative approaches that are based on AI may be implemented inside the legal arena. To accomplish this objective, we suggested a classification model for semantic bias that is related to the classification and identification of semantic biases in legal judgment. Our proposed model legal field uses the example of categorization along with the identification of the CAIL dataset. This will be accomplished by identifying the semantics biases in judicial decisions. We used different types of classifiers such as the Support Vector Machine (SVM), Naïve-Bayes (NB), Multi-Layer Perceptron (MLP), and the K-Nearest Neighbour (KNN) to come across the preferred results. SVM got 96.90 %, NB has 88.80 %, MLP has 86.75 % and KNN achieved 85.66 % accuracy whereas SVM achieved greater accuracy as compared to other models. Additionally, we demonstrate that we were able to get a relatively high classification performance when predicting outcomes based just on the semantic bias categorization in judicial judgments that determine the outcome of the case.

Organizational and administrative procedures for determining the damage and extent of damage to real property as a consequence of russian aggression

One of today's urgent needs is to provide compensation and indemnification to citizens of Ukraine for damage and destruction of specific categories of real estate objects caused by the military aggression of the Russian Federation. The state tries to protect the property rights of Ukrainians, guaranteeing them the right to compensation or compensation for destroyed or damaged property through national protection methods. In practice, we are still far from applying the procedure for obtaining compensation for damages. However, we must do everything today to record the relevant facts and prepare the necessary documents. Since war crimes do not have a statute of limitations, we are only at the beginning of the formation of practice in this direction. For this purpose, the theoretical principles were analyzed, and practical recommendations were given regarding organizational and management procedures for determining damage and real estate damage due to Russian aggression. Methodology. This research was conducted using an analytical method, which involved a comprehensive analysis of normative legal acts and Ukraine's institutional base. The focus was on the potential for creating a system to protect the property rights of individuals and legal entities in the aftermath of the Russian Federation's aggression. The research object was the legislators and normative-legal national and international documents pertaining to property rights protection. The research results show that in Ukraine, there are legal, institutional, and technical prerequisites for creating a system for calculating damaged and destroyed real estate caused by the Russian Federation's military actions. For the full functioning of the damage compensation system, the existing legislative and regulatory legal framework must be supplemented with legal acts that would allow the regulation in the legal field of the issue of institutional and technical provision of property rights, considering the international system of jurisdiction. Scientific novelty and practical significance. The main problematic tasks that must be solved to build and operate an effective reimbursement system of real estate value are defined. Considering that the solution to this problem is of international importance, the defined system of measures aims to improve the ways of solving this problem. Keywords: aggression, compensation, damages, compensation, property rights, regulatory acts, real estate.

Theoretical Approaches to the Concept of Legal Relations

A state governed by the rule of law establishes balanced legal relations. This article describes four scientific and theoretical approaches to the concept of legal relations, i.e., legal, subject-object, moral, and socio-psychological. According to the legal approach, legal relations are regulated by law. The subject-object approach defines legal relations as those that occur between subjects who possess certain rights and exercise them in relation to each other or to the objects in the legal field. According to the moral approach, society builds the system of law based on moral principles. This approach offers a step-by-step formation of law in the process of social development. Stage 1 shapes moral norms as a result of direct communication between community members. Stage 2 is associated with the individual assimilation of norms and the formation of morality. Stage 3 presupposes the arrival of legal norms. Stage 4 ends with the legislative consolidation of legal norms. The theoretical analysis revealed four socio-psychological processes in the development of legal norms: a) informal interpersonal communication yields moral norms, b) moral behavior patterns become internal, and moral consciousness appears; c) moral norms are exteriorized in the public consciousness, thus leading to legal consciousness; d) moral norms are legitimized, and legal norms become law. The socio-psychological approach considers such principles of legal relations as the sense of justice and equality.

Intelligent Contracts and the Principle of Contractual Freedom: A Classical Legal Examination in the Era of Emerging Technologies

The development of smart contract technology has garnered widespread attention in the legal field. This study, rooted in the principle of contractual freedom, delves into the impact of smart contract technology on the expression of parties' free will and analyzes the challenges it poses to legal rules and practices. Through a comparative analysis of smart contracts and traditional contracts, this research reveals the advantages of smart contracts in terms of contract design, execution efficiency, and transparency. While smart contract technology brings innovative changes to contract law, it necessitates profound reflections within the legal community and legal practice on how to strike a balance between free will and technological developments.

Features of the process of evidence in criminal procedure of the United States of America

Recent years have been marked by a great growth of comparative legal research in various branches of legal science, which are gaining a growing number of supporters. The given process makes it possible to show the originality of certain branches of law, their institutions, norms in different legal systems, to compare the data of a specific branch of law with similar branches in other legal systems, and to reveal national differences. The practical significance of the given activity lies in the study and generalization of both positive and negative legal experience of foreign countries. In today’s transparent world, with the growing importance of the international component in the fight against crime, a legal expert needs knowledge that goes beyond the national legal field for a reason, with the purpose of its proper use in the process of international cooperation in criminal proceedings between states in particular.
 Nowadays there is the process of convergence of various criminal procedural systems of the world. And in this regard, the Anglo-American system of the criminal procedure, the United States of America (hereinafter the USA) in particular, is quite interesting. The given system has distinctive features that are different from the national system and deserve attention. They are the sources of the US criminal procedural law which include judicial precedent, regulations and legal doctrine. The peculiarity of the given system is that it is based on adversarial proceedings and justice, it generates phenomena of the criminal procedure, namely the plea agreement, the jury trial, the concept of restorative justice, the discretionary powers of persons conducting criminal proceedings, etc. Yet another characteristic feature of the Anglo-American system of the US criminal procedure is the specifics of the implementation of evidentiary criminal procedural activity.
 The focus of the given article is on the study of the specificity of evidentiary activity, such as questions related to: the concept, classification, sources and properties of evidence in the criminal procedure of the United States of America, the peculiarities of the process of evidence at certain stages of the procedure, the legal position of certain subjects of evidence. The materials of the article are of both theoretical and practical value. They can be used for further scientific research on the peculiarities of national criminal procedural evidence, as well as for the proper understanding and implementation of its law enforcement criminal procedural activity.

Berlin techno goes intangible cultural heritage: Modern music, the cultural appropriation debate, and the International Convention on the Elimination of All Forms of Racial Discrimination

This paper argues that cultural appropriation can – but does not always – constitute a human rights incompatibility precluding a classification as intangible cultural heritage (ICH) pursuant to Art. 2(1) Sentence 3 of the Convention for the Safeguarding of Intangible Cultural Heritage (CSICH). To set up this argument, the paper first addresses whether and in how far the human rights compatibility test is exercised in the realm of the CSICH. Subsequently, it seeks to analyse whether cultural appropriation violates that test. To this end, the paper first develops an understanding of cultural appropriation informed by insights ranging from philosophy to anthropology. It then raises the question in how far cultural appropriation and protection therefrom is covered by the IHRL canon, most importantly the International Convention on the Elimination of All Forms of Racial Discrimination. Using Berlin Techno as an example, the aim of this contribution is to reveal the limits of cultural appropriation in the legal field and to initiate a legally sound discussion on the relationship between culture, appropriation, and human rights that has thus far been absent.

KEY ASPECTS OF THE TRANSFORMATION OF THE CHARACTER OF COMPETITION ON THE UKRAINIAN FOOD MARKET

The set of opportunities of an agricultural enterprise to create competitive advantages make up the potential of its competitiveness. However, competitive advantages, especially those that can be characterized as sustainable, are formed on the basis of the mobilization of the economic potential of the enterprise, which is a set of opportunities for the long-term implementation of the main activity of the business entity. Accordingly, the study identified the place and role of the potential of competitiveness in the structure of the enterprise's potential and its relationship with the economic potential. In turn, it was established that the components of economic potential are production potential in combination with commercial and sales opportunities, the basis of all types of enterprise potential is resource potential, and the potential of product competitiveness and enterprise competitiveness is based on the economic potential of the enterprise, contributing to the growth of the latter. Agricultural producers face many problems that can prevent them from growing and selling their products profitably. The problem of ensuring the effective economic activity of the studied subjects of agricultural production lies in the relative complexity of the relationships between them within the framework of the current market environment. the market environment of the functioning of commercial structures is not homogeneous, and the levers of state regulation do not have an unequivocal effect on all operators of one or another commodity market at the same time. To increase productivity and expand participation in market relations, they absolutely need appropriate mechanisms and policy measures. In the current situation, it becomes necessary for each manufacturer to analyze its competitiveness and develop effective means to increase it. An important condition for ensuring the competitiveness of enterprises is the effective use of resources, personnel qualifications, achievements of modern management, innovative, financial and informational capabilities of the enterprise, which together represent its potential. State determination of the legal field of existence of market participants requires a clear understanding of the relevant state of their interaction and the development trends of this interaction. The consequences of agricultural regulation policy and the manifestation of market forces in relation to the productivity and evolution of the food industry vary depending on the field, direction of production, etc.