History and present time of public regulator policy of Ukraine

Stages of development of state regulatory policy in Ukraine. The experience of its implementation abroad. Standards for preparation and decision-making at all levels. Improvement of legal regulation of economic activity in the field of entrepreneurship.

Рубрика Государство и право
Вид статья
Язык английский
Дата добавления 15.03.2018
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History and present time of public regulator policy of Ukraine

Abandonment from an administrative case an economy frame and passing to the market economy consists in the necessity of creation of corresponding legislative base that would give direction for further development of economy and society on the whole. Ukraine passed a few stages in development of regulator politics, beginning from 1991 and to present time. During this time large experience of introduction of regulator politics was turned out as one of key trends of public policy, legal adjusting of economic and administrative relations sent to perfection [1].

On the first stage of development of public regulator policy of Ukraine in the field of a menage (1991-1995) there was creation of the legal field for becoming of enterprise and creation of the State committee of Ukraine from assistance to the small enterprises and enterprise. In particular, Law of Ukraine from 07.02.1991 «About an enterprise» determined general legal, economic and social principles of course of business (enterprises) citizens and legal entities on territory of Ukraine, setting the guarantees of freedom of enterprise and him state support, and Law of Ukraine from 27.03.1991 «About enterprises in Ukraine» was sent to providing of independence of enterprises, determined them rights and responsibility in realization of economic activity, regulated the relationships of enterprises with other enterprises and organizations, Advices of deputies of people's, organs of state administration. Both these laws induced persons interested to the enterprise and establishment of own business, creating favorable terms for the accrued enterprises in taxation, crediting and others like that [2].

The second stage of becoming and development of government control in the field of a menage (1996-1999) was characterized by forming of conceptual principles of public policy from maintenance of enterprise, normatively-legal providing of his further development, and also determination of basic principles of politics of deregulation, simplification of order of taxation and input of the permissive system of entrepreneurial activity. Yes, on April, 3 in 1996 Resolution of Cabinet of Ministers of Ukraine was accepted «About Conception of public policy of development of small enterprise». on June, 28 of the same year Verkhovna Rada of Ukraine is accept Constitution of Ukraine, that is envisage freedom of enterprise, and on January, 29 in 1997 Cabinet of Ministers of Ukraine accepted Resolution «About Program of development of small enterprise in Ukraine on 1997-1998».

The aim of the indicated Program was providing of steady development of small enterprise as an inalienable sector of market economy and main catalyst of creation of new workplaces. She became one of mechanisms of support of small enterprise and by the catalyst of decision of problems of his development. It is very important that already the key social value of small enterprise is distinguished in this program, namely rapid creation of workplaces (what, besides, does not need the state financing) that are very important for the budget of our state [3].

The third stage of legislative registration of public regulator policy in the field of a menage (2000-2009) began edition with the aim of non-admission of narrowing of maintenance and volume of right for citizens on entrepreneurial activity, input of effective government control in the field of the enterprise of Decree of President of Ukraine from 22.01.2000 №89/2000 «About the input of single public regulator policy in the field of an enterprise», that defined a single public regulator policy in the sphere of enterprise as the activity, sent to the achievement of optimal level of adjusting of enterprise, removal of legal, economic and administrative obstacle in realization right on entrepreneurial activity, and also basic principle organization normative adjusting entrepreneurial activity [4].

For determination of legal and organizational principles of realization of public regulator policy on was September, 11, 2003 passed an act Ukraine «About principles of public regulator policy in the field of economic activity». Gave inuring this law to both the citizens to the business entities and public authorities new possibilities in relation to providing of procedural openness of public and planning of efficiency of imperious decisions authorities. The openness of power was determined by the not so much requirements of leaders of public authorities, how many requirements and maintenance of procedures that is certain this law and specify the order of actions of government bodies during making decision, list and maintenance of necessary information that must be promulgated.

And for this reason the requirements of regulator politics present the not so much instrument of public policy in relation to a small enterprise, how many mechanism of public policy in relation to an enterprise on the whole, and also mechanism of providing of transparency and openness of power, efficiency and objectivity of imperious decisions [5].

Following, fourth, the stage (from 2010 - to this day) is characterized by forming of the legal field in relation to an input in Ukraine of European approaches in the field of delegation of functions of the state to the subjects of menage, creation of favourable terms for development of enterprise, simplification of terms of establishment of business and exit from him, reduction of intervention from the state in economic activity of subjects of menage, simplification of the system of receipt of permissions, decline of pressure on business from the side of supervisory organs. By legal framework of collaboration between the state and private business on the basis of partnership, taking into account interests of parties Law of Ukraine became from 01.07.2010 «About state-private partnership».

In his state-private partnership is certain as a system of relations between state and private partners during realization of that to possibility of both partners unite, with corresponding distribution of risks, responsibility and receipt of positive end-point for a mutually beneficial collaboration on long-term basis in creation of new and modernizations of operating objects, that need bringing in of investments, and using such objects.

For the achievement of considerable reduction to the amount of subjects of menage, that carry out the activity illegally, after the acceptance of court and imperious decisions about their stopping, and also for providing of completion of process of including to the Only state register of information about operating subjects of menage, that is registered to July, 1, 2004 by Verkhovna Rada was passed an act Ukraine from 01.07.2010 «About making alteration in Law of Ukraine» On state registration of legal entities and physical person - businessman» in relation to simplification mechanism state registration stopping subject menage».

Together with it, by the State committee of Ukraine on questions regulator politics and enterprise on implementation of р. of 3 Plans of measures in relation to the input of the system of electronic state registration of subjects of menage on 2011, in obedience to resolution of Cabinet of Ministers of Ukraine from 21.05.2009 №551, Law of Ukraine was worked out «On making alteration in

Law of Ukraine «On state registration of legal entities and physical persons - businessmen» in relation to realization of electronic registration», that is accepted the Verkhovna rada Ukraine 19.10.2010. The acceptance of this law created terms for further simplification of registration procedures, reduction of corruption displays due to absence of contact of declaring with a state recorder and became an effective measure, as an imitation of registration case documents, in case of their loss, will lose sense, that, in turn, will increase guarantees in relation to the protection of property ownership of legal entities and their proprietors rights.

In addition, the order of receipt of information was considerably simplified from the only state register of legal entities and physical persons-businessmen, doing him maximally operative due to possibility of presentation of queries in an electronic kind. The ponder able benefit of input in Ukraine of mechanism of electronic state registration of subjects of menage is confirmed by practice of application of electronic registration of companies in many countries of European Union, that already witnessed the high efficiency [6].

However, with an acceptance on March, 22 in 2012 to Law of Ukraine «On development and state support of small and middle enterprise in Ukraine» new legal and economic principles of public policy are actually certain in the field of support and development of small and middle enterprise [7].

Thus, optimization of government control of economy for almost 2 decades tries to assist small enterprises and enterprise on the whole. As a main task herein comes forward: realization of state support and co-ordinations of development of enterprise, including small business, realization of strategy of public policy of development of public production, assistance to structural alteration of economy, forming of the system of measures in relation to providing of economic independence of Ukraine [8].

An input of the today's new going near government control of sphere of enterprise is one of main priorities of activity of executive bodies in relation to realization of economic reforms and removal of contradictions between a public situation and politics that became inadequate in present to the necessities of market relations tense.

The process of deepening of new reforms needs changes system of adjusting of sphere of economic activity, exception of excessive state interference. Because as practice of realization of public regulator policy testifies in the field of an enterprise, that expediency of her distribution on adjusting of economic relations needs legislative claim of positions that appeared and especially fixing of transparency of process of acceptance of state decisions. Because it must activate activity of publicly-legal institutes able to influence on reduction of administrative pressure of adjusting of sphere of economic relations and balance interests of public organs and subjects of menage [9].

And the primary objective of this politics must crystallize for such, namely: achievement of interests of business entities in the civilized legal environment by providing of minimum state interference with business, improvement of the legal adjusting of economic and administrative relations between regulator or other public authorities and subjects of menage, and in economic sense is a maximal decline of tranceaction and tax charges of small and midsize businesses.

Realization of this task will give a powerful push for development of enterprise, that largely will work out the problems of employment of population, will decrease social tension in society and will add possibility to develop those directions of economic activity, that beside the purpose to develop to large business or subjects state to the sector of economy. This activity economically active part of population it will become, in turn, by a push for an origin and realization of innovative foods, height of economy on the whole [7].

Such activity of economic development of reforms will become in turn, by the push of enriching of country due to the increase of enterprise, because in the conditions of financial crisis and chronic deficit of budget successful realization of regulator politics will add possibility to decrease loading on a budget not only due to reduction of volumes of financing of the government program of employment of population but also due to money of population, that will be brought over to development of own business. In this understanding regulator politics will perform the duty of instrument of realization of problems of employment of population, problems of investing in the economy of the state of money that is kept a population [9].

And also, a public regulator policy will define certain standards in relation to necessary procedures of preparation and making decision on all imperious levels. The self use of norms and principles of regulator politics in Ukraine will give an opportunity to provide passing of state administration to the new quality level. Coming from the principles of public regulator policy, envisaged by Law, the actions of all participants of regulator process that has long-term character must be sent to providing of balance of interests of subjects of menage, citizens, state. Forming of such balance depends on the acceptance of the self-weighted decisions from the input of new government controls taking into account maximally possible positive results due to the minimally necessary charges of resources [5].

A public regulator policy in the field of a menage contains a corresponding having a special purpose constituent - establishment of simple, clear, clear, only for all rules, has concrete reference-points on providing of right each on entrepreneurial activity, namely: avouching for every subject of menage defence of him legal rights and interests in relationships with other subjects and organs of public administration and sent to realization of conceptual ideas, objective interests of subjects of menage, society and state related to the achievement [9].

To Tom, the problem of effective participation of the state in the field of a menage has and today outstanding value and related to effectiveness, effectiveness of the measures actions, binding overs, carried out by her, achievement of the put aims. But, for today regulator politics in Ukraine does not come forward as an effective instrument of state influence on an enterprise. Confirmation of it is absence of clear practice of realization of public regulator policy, in accordance with what change in a legislation about an enterprise can be brought in only taking into account their efficiency. Any changes in an economic sphere must take place within the framework of the general conception in good time formed and accepted in the order set by a law.

It will not only do impossible realization of incompatible inter se measures of influence public organs on economic activity but also will assist adjusting of national discussion of projects of regulator acts and, as a result, forming of the proper public regulator policy taking into account efficiency of the economic - legal adjusting. And such measures must be recreation of near sometimes, so as realization of public regulator policy in the sphere of menage consists in organization and efficiency of legal relationships between regulator organs, organs of public administration and subjects of menage with the aim of providing of acceptance economically of expedient and effective regulator acts, reduction of intervention from the state in activity of subjects of menage and removal of obstacles for further development of economic activity.

Although, in times of development of our state the normative providing of public regulator policy of Ukraine in the field of a menage passed the protracted and difficult way of development, by a result what creation of more favourable terms became for the conduct of economic activity, input in Ukraine of European approaches in the field of delegation of functions of the state to the subjects of menage. A public regulator policy is given in the field of a menage need to both the state and businessmen, in fact she provides not only the procedural order of administrative activity, but also up to a point harmonizes public and private interests in the field of a menage.

References

regulatory policy entrepreneurship

1. Boc'ora L. А. the Financial mechanism of development of small enterprise in Ukraine: of dis…. can. economic of sciences: 08.00.08 / L. А. Boc'ora; Lviv national university by Ivan Franco. Lviv, 2015 - 272 p.s

2. Mescheryakov А.А. Regulator politics as constituent of providing of economic security in Ukraine / of А.А. Mescheryakov, С.В. Sopotyan // Announcer of Academy of custom service of Ukraine. are Series: Economy. - 2011. - №1. - С. 34-39.

3. Saniahmetova N. О. Adjusting of entrepreneurial activity in Ukraine: of dis. doct. sciences: 12.00.07 / N. О. Saniahmetova; Odesa state legal academy. Odesa, 1998. are 35 p.s

4. Rravc'ova Т.М. Administrative - legal principles of realization of public regulator policy in the sphere of menage: dis…doct.sciences: 12.00.07 / Т.М. Rravc'ova; National university internal businesses. - H., 2004. are 456 p.s

5. Poznyakova Н. І. Directions of realization of aims of regulator politics in the field of trading in light oil products in Ukraine / of Н. І. Poznyakova // the Economic magazine - ХХІ. - 2010. - №11-12. - С. 51-55.

6. Rlymenko О. V. Maintenance of the administrative - legal providing of regulator politics of Ukraine in the field of a menage / О. V. Rlymenko // Science and law enforcement. - 2014. - №4 (26). - С. 100-107.

7. Yuldashev. Х. Problems of perfection of public regulator policy in Ukraine: monograph / of О.Х. Yuldashev. - К., 2005. are 336 p.s

8. Litvinov О. V. Realization of public regulator policy by executive / of О. V. Litvinov, D.V. Lyapin // issues of the day of state administration: of coll. sciences. labours. - D., 2005. - Prod. 1 (19). - С. 153-170.

9. Rolesnicov О.А. History of input and legal providing of public regulator policy in Ukraine / of О.А. Rolesnicov // Announcer of the National university the «Legal academy of Ukraine by Yaroslav Mudryj». - 2012. - №2 (9). - С. 178-188.

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