Unfair Actions Research Articles

О двойных (множественных) косвенных исках бенефициарных владельцев в интересах подконтрольных корпораций

The current stage of economic development requires transparency of asset ownership, which implies disclosure of all levels of corporate structures and final beneficiaries. This trend can be traced in tax, anti-sanction, and bankruptcy legislation. Disclosure of the corporate ownership structure is the main prerequisite for the realisation of the beneficial owner’s right to sue in the interests of a controlled corporation. A formal legal approach that denies such a right creates an imbalance between the interests of investors and the economy as a whole, strengthens the agency problem, which negatively affects the activities of diversified holdings. The circumstances testifying to the violation of the subjective rights of the beneficiary are the unfair actions of the prevailing beneficiary and the management controlled by him in the context of a corporate conflict. The choice between the recovery of the reflected losses in favour of the beneficiary (parent company) and the recovery of losses in favour of the controlled company at the claim of the beneficiary is the main debatable issue. The domestic legal order generally recognises the admissibility of protecting the interests of beneficiaries when making insignificant corporate decisions at the operational level of the holding and making unprofitable transactions by management in collusion with a counterparty.

Insider Trading Analysis of the Indonesian Capital Market

Insider trading is one of the crucial issues in the capital market that can have a significant impact on market integrity and stability. In Indonesia, the practice of insider trading not only causes losses for investors who do not have access to insider information but can also reduce investor confidence in the capital market as a whole. Research This article will analyze and explain Insider Trading in the Indonesian Capital Market. This study uses notative juridical methods or normative law. The results of this study explain that Insider Trading in the Indonesian Capital Market is contained in Articles 95, 96, 97, 98, 99, and Article 104 which explain that insiders from an issuer of public companies that have inside information are prohibited from buying or selling affects, or companies that make transactions with issuers where they work. The prohibition on the use of insider information is more due to unfair actions against others who are completely unaware of the existence of the information. Investor protection is one very important way because if investors do not get enough protection, they are reluctant to make transactions on the exchange. Without a large number of investors, capital market activities will be weak, and the function of the capital market will not develop, the principle of openness as one of the efforts to protect investors. Such protection efforts will be realized if the implementation of information transparency or full disclosure obligations containing material facts in activities that take place in the capital market in accordance with the purpose of the principle of openness itself, namely to create a fair, efficient and orderly market that protects Investors and helps determine accurate market prices which are all intended for the benefit of Investors or potential Investors.

Методология исследования влияния недобросовестных практик микрофинансовых организаций на экономическую безопасность страны

Microfinance organizations play an important role in economic development, facilitating access to financial resources for small businesses and low-income populations. However, along with their positive aspects, there is a threat of unfair practices that can undermine the economic security of the country. The article considers methodological aspects of studying the impact of unfair practices of microfinance organizations on the economic security of the country. The authors analyzed the existing approaches to understanding the essence of unfair practices of microfinance organizations. The socio-economic consequences of these negative phenomena are highlighted. The methods of identifying practices and assessing their impact on the country’s economy are presented. Methods are described to assess the scale and consequences of unfair actions of microfinance organizations on the financial system. Within the framework of the development of the theory of economic analysis, a complementary approach is proposed to assess the impact of unfair practices by microfinance organizations on the economic security of the country, combining complex, functional and integral aspects. The study provides tools for assessing the negative impact of unfair practices on the economic security of the country and can be useful for shaping decision-making at the level of state and financial institutions.

Proposals for Differentiating Remuneration for Patent Holders in the Context of Limiting their Exclusive Rights in Healthcare

The paper discusses current issues of legal response to unfair or ineffective actions of patent holders in the exercise of their exclusive rights in the field of healthcare. As a legal response tool in these circumstances, the author proposes not only to limit exclusive rights in accordance with the rules of Art. 1360, 1360.1 and 1362 of the Civil Code of the Russian Federation, but also differentiate the amount of remuneration (commensurate compensation) due to patent holders. It is proposed to reduce the amount of this remuneration (up to its zeroing) depending on the presence of factors of dishonesty of actions or inaction of patent holders that affected the availability on the Russian market of pharmaceutical and medical goods, works and services in which the corresponding objects of patent protection are used. The proposed differentiation, on the one hand, will stimulate patent holders to take more active steps aimed at ensuring the availability of relevant pharmaceutical and medical goods, works or services on the Russian market. On the other hand, in law enforcement practice, it will respond consistently and more effectively to unfair actions or inaction of rights holders, which led to problems with the availability of highly socially important goods in the healthcare sector. At the same time, it is noted that it is unfair to equalize all foreign patent holders associated with unfriendly countries and to zero the amount of their remuneration in the situations specified in paragraph. 2 clause 2 of the methodology approved by Decree of the Government of the Russian Federation dated October 18, 2021 No. 1767 (as amended on March 6, 2022).

The Consumer Protection System Formation: Historical and Legal Perspective

The paper examines historical and legal aspects of the formation of the consumer protection system. On the basis of a number of provisions of the Laws of Hammurabi and the Laws of Manu, the Digests of Justinian, the author defines the features of protection of the rights of buyers from unfair actions of the seller. Taking into account the analysis of regulatory sources, the author draws a conclusion regarding a set of unsystematic norms and mechanisms and the absence of a consumer protection system. The situation began to change gradually only at the turn of the 19th–20th centuries when special legislation and state and public institutions ensuring consumer rights were developed. Referring to the provisions of the Law of the Russian Federation dated 7 February 1992 No. 2300-1 «On Consumer Rights Protection», the author notes the absence in its structure of special norms aimed at protecting the rights of consumers of financial services, which does not seem quite adequate to the economic relations that are developing in the financial market. According to the results of the study, the author concludes that at the moment there is a new stage in the development of the consumer protection system, involving both the formation of narrow-profile regulation for consumers, depending on which sphere they act as such, and the creation of specialized institutions to protect their rights.

Features of Recovery of Losses from Shadow Management in the Framework of a Bankruptcy Case

The article defines the features of determining the subject composition in the resolution of separate disputes in bankruptcy cases related to the recovery of losses from the former managers of the debtor. The cases of applying the presumption of control over the activities of a legal entity, taking into account the effect of paragraph 3 of Article 53.1 of the Civil Code of the Russian Federation and Article 61.10 of the Bankruptcy Law in relation to shadow managers, are investigated. In particular, on the distribution of the burden of proof in the presence of information about the shadow leadership and the consequences of such a statement. The author criticizes the incompleteness of the normative definitions of the concept of persons who have the actual ability to determine the actions of a legal entity, and believes that the consequence of this was the inability in practice to hold the shadow leadership accountable. Using examples from judicial practice, an approach is developed to differentiate the statuses of a nominal and shadow director. It is proposed to give an answer to the question of which of these persons is subject to prosecution. The decision is made by the author depending on the statement of their receipt of benefits arising from the commission of unfair actions. The cases are analyzed when the nominee director is not held accountable, despite the actual participation in the management body of a legal entity. It is concluded that the presumption of activity control is not applied in practice to shadow beneficiaries, which excessively complicates the process of holding them accountable. In order to ensure a balance between the “legitimate” persons controlling the debtor and the “shadow”, it is necessary to approach the burden of proof differently, in particular, to simplify the reclamation of evidence. To introduce the grounds for the occurrence of such a presumption.

The Principle of Estoppel in Civil Law as a Mechanism for Preventing Contradictory Behavior

The paper examines the legal nature of the estoppel principle, applied both as a result of unfair actions of the party and because of the party’s inconsistent behavior. The paper analyzes the possibility of applying the German principle of protestatio facto contraria (objection to the actual expression of will) and compares estoppel and the continental law principle venire contra factum proprium.The study classifies the rules of law regulating the application of the estoppel principle; two categories of norms are distinguished, namely, the norms related to the prohibition of unfair actions and the norms aimed at preserving the contract. The author compares the norms of the Russian civil legislation regulating the application of the estoppel principle and highlights the conditions under which its application is allowed. The paper discusses the possibility of applying the principle of estoppel in the absence of the party’s intentions to harm the counterparty. The author analyzes the court practice related to the prohibition of contradictory behavior. In particular, the author analyzes legal disputes caused by the parties’ references to the non-conclusion or invalidity of the contract, as well as related to the inconsistent refusal of the party from the contract. Additionally, the author identified the circumstances to be proved when referring the parties to the need to apply the estoppel principle. Based on the results of the analysis, the author proposes options for improving legislative regulation of the application of the estoppel principle. In particular, the author proposes to introduce the following criteria for analyzing the need to apply the estoppel principle: the degree of validity and reasonableness of expectations of the counterparty’s behavior; analysis of the counterparty’s behavior; a causal relationship between an inconsistent behavior of the party and the damage caused to the relying party; the degree of damage caused to the party as a result of the counterparty’s unscrupulous behavior.

Deciphering the influence of the macroeconomic environment on economic preferences: A comprehensive analysis of the Global Preferences Survey

This study investigates the nuanced impact of macroeconomic conditions on various economic preferences, broadening the scope beyond conventional risk preference analysis. Utilizing the Global Preference Survey data with a sophisticated nonlinear regression model, we reveal that favorable macroeconomic conditions boost patience, yet simultaneously reduce risk aversion, altruism, willingness to penalize unfair actions, and trust levels. These significant shifts in economic preferences, driven by macroeconomic scenarios, carry substantial implications for financial markets, investment behaviors, and the broader macroeconomy, necessitating in-depth exploration in financial research and policy design.

Abuse of authority as a ground for liability of bodies and persons performing the functions of business entities

The current state of legal doctrine and court practice on the issues of authority abuse as a ground for liability of bodies and persons performing the functions of business entities has been analysed. Since a business entity forms its own will and implements it through its bodies and persons performing the functions of its agencies, the relevant persons must adhere to the powers defined by law and the charter. If they act beyond their own powers, the will of such a legal entity is distorted and their own will, the will of individuals, takes place.
 The practice of bringing to justice members of bodies and persons performing the functions of business entities has now been established where such a legal entity is held administratively liable for an administrative offence committed by its authorised person. An example of this is cases involving liability for violations of the requirements of the legislation on the provision and disclosure of information in financial services markets.
 In general, it should be taken into account that the performance of a specific individual on behalf of a business entity in civil turnover does not change the independent nature of the will, behaviour and responsibility of such a legal entity for its actions in civil relations. It has been argued that, based on the general tenets of civil law, abuse of authority as a ground for liability of bodies and persons performing the functions of business entities has its own specifics of application. This is due not only to the actions (inaction) of such persons, but also to the counterparty’s (third party’s) awareness of the fact that the representatives of such a company act within the scope of their powers.
 It has been proved that the fact that a body and/or a person performing the functions of a business entity’s body committed unlawful, unfair actions or abused its authority is not the only and sufficient ground for invalidating transactions (agreements) concluded by this body on behalf of a legal entity with third parties. There is a need to prove that the counterparty knew (should have known) that the authority to represent the rights and interests of the business entity was limited by its body or a person performing the functions of such a body.

Supervision of the Bank of Russia over unfair practices in the field of consumer protection of financial services

The article is an analysis of the work of the Bank of Russia in the field of determining unfair behavior patterns in the financial market. The author examines the positions of the Bank of Russia and researchers on the identified signs of unfair actions in the behavior of financial market entities, and analyzes them. The article also examines the existing problems in this area and suggests ways to solve them. The research is relevant and can be useful for professionals in the field of financial regulation and for anyone interested in the security and stability of the financial market. In the article "Definition of unfair practices in the framework of the supervision of the Bank of Russia over the behavior of financial market entities." an analysis of opinions on the establishment of signs of unfair activity in the financial market was also carried out. The scientific novelty of the article lies in the fact that the authors conduct research and analysis of existing practices and scientific opinions on the signs of unfair practices that violate the rights of consumers of financial services. They pay attention to the problems associated with unfair practices. The authors propose a definition of unfair practices in the financial market. The authors analyze the signs of unfair behavior of financial market participants and offer new ideas and recommendations for effective detection and prevention of unfair practices. Their research contributes to the development of the field of consumer protection of financial services and can become the basis for further research and practical measures in this area.

On the issue of improving the bankruptcy procedure of the liquidated debtor

The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.

ВОПРОСЫ РЕАЛИЗАЦИИ ПРАВА НА ИНФОРМАЦИЮ УЧАСТНИКА ОБЩЕСТВА С ОГРАНИЧЕННОЙ ОТВЕТСТВЕННОСТЬЮ

The possibility of obtaining information about the functioning of the company is a priority right of the shareholder, due to its legal status. By making a material contribution, a shareholder of the company acquires the right to receive information about various areas of the economic and legal life of the company. The right to information provides the shareholder with the opportunity to exercise control over the company, and may also imply unfair actions, namely, to benefit himself or to dispose of the information received in order to harm the company. This article reveals the essence of the shareholder’s right to receive information from the company and familiarize himself with its documents, the procedure for its implementation, the processes for providing information, the significance of this right as a fundamental non-property right, the conditions for exercising the right, ways to protect the right and the effectiveness of protection methods are considered in detail. Also, after comparing the legislation of different countries on the right of the shareholder to receive information and the possibility of its implementation, the limits of this right, and proposals were made to further expand the right of the shareholders to receive information by improving the norms of national legislation. In order to provide a mechanism for the effective implementation of the shareholder’s right to information, it is proposed to use modern information technologies. In addition, after analyzing the existing problems of protecting the shareholder’s right to information in court, opinions were expressed regarding the unification of judicial practice on these issues.

ОСНОВНЫЕ ЗАДАЧИ И ПРИОРИТЕТНЫЕ НАПРАВЛЕНИЯ РАЗВИТИЯ АУДИТОРСКОЙ ДЕЯТЕЛЬНОСТИ

The article analyzes the state of the audit services market in Russia and discusses the main tasks of the development of auditing activities. It is noted that there is a need to expand auditing activities within the framework of the Eurasian Economic Union based on the use of international auditing standards. This is necessary to create a single market for audit services on the territory of the EAEU. At the same time, in modern conditions, many small and medium-sized businesses, non-public joint-stock companies have been removed from mandatory audit. At the same time, the introduction of the new FSB will require the compilers of the reporting knowledge of international accounting standards and professional judgment in the formation of accounting indicators for 2022. Therefore, the task of auditors is still to confirm the accounting statements, as well as to verify compliance of financial and economic activities with the basic laws, accounting standards, checking the completeness and legality of business transactions. Audit is also necessary to prevent falsification of accounting statements using various schemes in order to improve and worsen it, thereby misleading regulatory authorities, as well as owners, investors, banks, etc. Often, organizations show unreliable accounts receivable and accounts payable, do not conduct an actual inventory or do not create a reserve for doubtful debts, a reserve for inventory impairment. It is the auditors who can monitor the conduct of a genuine inventory, make inquiries to counterparties and identify the actual state of affairs in the organization. Thus, an effective and efficient internal control system is required to reduce the risks of misstatement of financial statements and prevention of a particular type of fraud or unfair actions, which can only be assessed by experienced auditors. The article also notes the need not only to audit the correctness of the preparation and confirmation of accounting (financial) statements, but also to audit the effectiveness of the use of funds and the compliance of costs with the established goals of the company

NON-TARIFF REGULATION MEASURES IN CUSTOMS LAW

Necessary to point out that the current system of tariff regulation is a prerequisite for the implementation of an effective customs policy and the implementation by customs authorities of the tasks of ensuring the economic security of the country. However, most countries don’t currently have the ability to actively respond to changes in the terms of trade by reducing or increasing tariff rates. Therefore, against the backdrop of a decrease in the customs and tariff protection of national markets, the role of non-tariff means of foreign trade policy is growing. It is non-tariff measures that are the main tool for protecting the domestic market and the country’s economy from unfair actions of foreign states in the field of foreign trade. The preference given to non-tariff measures is due to the fact that, unlike tariff measures, they do not constitute an additional tax burden for the population.
 Purpose. The article is devoted to the characterization of legal regulation of non-tariff regulation measures. The authors give classification to these measures and pay attention to their individual types: for example, product quotas.
 Methodology. he basis of the study is the dialectical-materialistic method of knowing objective reality and the general scientific and private scientific methods based on it (comparison, analysis, deduction, induction, formal-logical, comparative-legal, formal-legal, system-structural, interpretation method).
 The results of the study consist in the analysis of the term «non-tariff regulation measures», the formulation of their typology, the grounds for their application. The authors formulate a proposal for their codification at the supranational level.
 Practical implications. The results of the study can be applied in the field of customs regulation or foreign trade.

Analysis of the Experience of EU and USA in the Context of Improvement of the Ukrainian Legislation on Protection Against Unfair Competition in the Sphere of Intellectual Property

Keywords: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union
 Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.

Philosophy of Law in a Non-Legal University: to the Problem of Building a Master’s Program

The article analyzes the issues of legal education in non-legal educational institutions of higher education. The authors of the article believe that legal education is one of the constituent elements of the modern socialization of the individual. The level of legal culture of society as a whole depends on its successful solution. The authors pay attention primarily to the philosophy of law. Consideration of the place of this academic discipline in the system of teaching masters in the field of “theology” allows us to draw conclusions about the importance of the philosophy of law in higher education. The authors believe that the philosophy of law contributes to the formation of a holistic sense of justice and a holistic legal culture. The philosophy of law is focused on finding answers to such questions as: “What is the essence of law?”, “What is its nature?”, “What is the relationship between law and other social norms?”, “Is every law correct?”, “What is the path to legal law?”, “What is legal consciousness?” etc. These issues are especially relevant for specialists in non-legal fields of knowledge. The authors of the article believe that legal education in our country contributes not only to the transformation of our society into an active participant in the global legal system, but also becomes a factor in protecting civil society from unfair actions by various actors.

RISKS OF ORGANIZATIONS IN THE FIELD OF EXECUTING GOVERNMENT AND MUNICIPAL CONTRACTS

The article is devoted to studying the risks of executing government and municipal contracts. The article examines the regulatory framework governing the execution of government contracts. Based on the actual data, the article analyses the risks of organizations arising in the field of executing government and municipal contracts. The analysis of existing theoretical approaches in the field of government and municipal contracts execution made it possible to identify the main risks, which mainly relate to factors of the external economic environment, including financial risks, inflation risks, excess costs, etc. The analysis of the problems arising in an organization when conducting and executing public procurement has shown that the main problem can be identified as a complex legislative framework, in order to improve which the government makes changes almost every quarter. The article notes that the situation is aggravated by the fact that in Russia there is no single information portal on all changes to the law. Of course, there are legal web-portals, such as "Garant" and "Consultant Plus", but these portals host more general answers, they lack explanations on specific issues. The analysis of risks in the field of executing government and municipal contracts has shown that the main problems that organizations face are the following: lack of proper control by state authorities, increased corruption risks and revealed facts of unfair actions, which also complicate the process of public procurement in the country. Based on the research, the directions for managing external risks of modern organizations in the field of executing government and municipal contracts are determined.

Entrepreneurial attitudes as an element of the financial and economic culture of students

The transition to a market economy implied the creation of opportunities for individuals to realize entrepreneurial talent. Over the past thirty years, the interest of young people in doing business has noticeably decreased. At the same time, in the conditions of the labor market compression caused by the crisis, increasing competition for available vacancies, the idea of starting own business may be attractive. The article is based on the results of a large-scale sociological study, which included a mass survey of students of the Financial University under the Government of the Russian Federation, a series of semi-structured interviews with experts and focus group interviews with students. It shows how students feel about entrepreneurship, how right they are, according to experts, in their expectations, and how the discovered ideas and attitudes can affect the development of the economy. According to the survey results, a third of students think about their own business as a way to achieve financial well-being. Young people mostly do not see their relatives and friends as their business partners, since they prefer to conduct business on a formal basis, which they see as a certain guarantee against unfair actions of partners. At the same time, the results suggest that the protection of private property and, first of all, business, is clearly insufficient for young people. This corresponds to their ideas about the disinterest of key economic actors in fair market competition, demonopolization of the economy, reduction of corruption in the public administration system, judicial and law enforcement agencies. Experts express skepticism about the possibility of the majority of young people to open and keep afloat their business, and attribute this to a shortage of material and educational resources, and most importantly — of the social capital that corresponds to the specifics of the current economic system.

The ratio of will and expression of will in the issue of determining pre-contractual liability.

The subject of the study is aspects of the institute culpa in contrahendo, embodied in the novels of the Gc 2015. The main purpose is to demonstrate the significance of the correlation of the will and the will of the parties (the object of the study) in determining pre-contractual liability (PO) in cases where the contract remains valid; an appropriate legal technique is given to explain the restoration of the legal situation in accordance with the concept of the desired agreement, understood as a coincidence of wills (common will). In this regard, it turns out that the norms of the domestic Civil Code, defining the responsibility of the party for culpa in contrahendo while maintaining the validity of the contract, are insufficiently elaborated. In this situation, the theoretical construction of the software turns out to be so similar to the liability caused by a legal relationship from a specific contract that it is possible to determine both the independent position of this institution and within the framework of contractual liability, but not tort. One of the conclusions to which this study comes is the assertion that the nature of the agreement is bound by the will of the parties until the framework of the contract-transaction, at the request of one of the parties (termination of the contract, invalidation of the transaction) is not disclosed in order to legally fix the agreement itself as a single legal relationship linking the pre-contractual and contractual stages of commitment. The article also provides specific proposals for unifying the scope of liability in the form of losses caused by unfair actions at the negotiation stage, in particular, in the case when the concluded contract is not disputed by the injured party (that is, when the norms of Articles 178 and 179 do not apply).

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Abstract. Introduction. In terms of market transformations subjects high competitiveness of the agricultural sector is the key to obtaining high and stable profits and is the main condition for the development and functioning of the company. Achieving competitive advantage requires the analysis of environmental factors, emerging market space and adversely affect the competitive advantage of companies: the political situation, the level of solvency of buyers, unstable tax legislation, exchange rate, unfair actions of competitors, thereby ensuring further development of the agricultural business sector market environment requires improving ways to achieve competitive advantages with the development tools to implement them. Purpose. The study is disclosing how to achieve competitive advantages subjects agricultural sector indicating instruments for their implementation and the possibility of changing the state of the market environment. Results. Ways of achieving competitive advantages for big agribusiness entities will �cost leadership� and �state change of the market environment� while the �differentiation� and �innovative activity� is available to all agricultural producers products. The system of competitive advantages should be based on the need to establish a specific relationship in manufacturer of agricultural sector between how the planned achievement of competitive advantage, and those which fit better with the focus. Conclusions. In terms of market reforms in support of previous competitive advantages and create new entities of the agricultural sector should develop instruments implementing the system achieve competitive advantage because of their size. Further research perspective serves to develop methodological tools of analysis of the external and internal environments to achieve competitive advantages subjects agricultural sector according to the requirements of the market environment.