Economic sovereignty and economic security of Ukraine (interrelation and mutual understanding) in the context of their doctrinal and legal support
Analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of "economic sovereignty". Examines the national systems (models) of economic security of the state, including, in particular, American.
Рубрика | Государство и право |
Вид | статья |
Язык | английский |
Дата добавления | 03.07.2022 |
Размер файла | 38,5 K |
Отправить свою хорошую работу в базу знаний просто. Используйте форму, расположенную ниже
Студенты, аспиранты, молодые ученые, использующие базу знаний в своей учебе и работе, будут вам очень благодарны.
The American model is characterised by the main emphasis of national policy on ensuring a balanced system of tools and measures to counter internal and external threats. The security system of the domestic economic sector considers the main global threats and risks, the source of which are international economic processes. This model is the most utilitarian and is used by many developed countries.
When studying the US experience in building a system of economic security, we should pay attention to the following key aspects. First of all, the state is focused exclusively on the protection of national interests, i.e. public authorities work in such a way as to maximise the development of national producers, as well as provide maximum methodological, practical, stimulating support to businesses in their foreign economic activity. In this way, the United States carries out economic expansion through its enterprises and TNCs. “The main directions of the US national security policy are presented in the National Security Strategy in three main blocks: the formation of a secure international environment in America, ensuring an adequate response to threats and crises, proper preparedness of American society for unpredictable trends and future phenomena. Virtually every area involves measures to solve problems of economic security” [41]. It should also be noted that most of the mechanisms and tools of public administration actions aimed at ensuring economic security are provided in the United States by separate regulations.
Notably, the long process of finding effective ways to protect national economic interests has allowed creating an effective regulatory framework for economic security. US economic security is considered an integral and most important of the structural components of national security in the National Security Strategy and is implemented in the laws on certain aspects of its provision, in particular:
- General issues of economic security are concentrated in The Economic Security Act of 1996;
- improving the efficiency of national education and science is reflected in the law on education for economic security (The Education for Economic Security Act of 1999);
- issues of tax regulation, priorities of economic development, customs protectionism - in the law on economic security and reproduction (The Economic Security & Recovery Act of 2001);
- issues of the labour market, the fight against unemployment, economic protection of the population - in the Job Creation and Economic Security Act of 2002, etc. [42].
The Japanese model is the main regulatory emphasis is on ensuring the stability of social processes, the development of society and the nation. The economic system of the state is seen as a means of achieving social development goals and therefore requires balanced development and a certain level of isolation from global processes to prevent the export of economic crises and other negative manifestations of the global economic environment.
It should be emphasised that Japan is characterised by a certain isolation of its own society, traditions and its own economy from other economies in the world. Japan, on the other hand, is a clear example of successful globalisation, when Japanese corporations have introduced the practice of so-called “creeping globalisation”, which means the penetration of TNCs into all sectors of the international economy without exception. Such secrecy, on the one hand, contributed to the resilience of the Japanese economy during many global financial and economic crises, and on the other - constantly supported the growth of competitive advantages of national corporations in the almost complete absence of non-resident competitors.
Japan's economic security system is based on the following principles:
- preservation and increase of economic potential and economic power of the country;
- maintaining the domestic market of a country with a high level of purchasing power;
- creating conditions for the gradual globalisation of Japanese corporations, which will ensure national interests. This goal is achieved through the country's inflows of surplus profits from Japanese corporations received in global markets or abroad.
The Chinese model is common only in countries that are trying to build a socialist society. The concept of economic security is well known, based on the ideas and provisions of the structural rigidity of the economic system, its manageability, a high level of protection from external challenges and threats. The main condition of economic security is considered resources, capacity, stability, manageability. In fact, China's economic security is a synthesis of Confucian philosophy, reform and openness, the right balance between reform, development and stability [41]. However, China's current national policy in the field of economic security is based on market principles and the principles of free competition. However, this competition is carried out in a way that is not typical for most developed countries of the world, since the Chinese government largely acts as a guarantor for national producers, subsidises and subsidises a large number of sectors of the economy and directly enterprises, which creates additional advantages that are difficult for non - resident business entities to compete with.
Another feature of state regulation of economic security in China is the way to overcome the crisis. Unlike democracies, the Chinese government independently develops crisis management programs and scenarios that define the roles of even businesses, i.e. in China, the state independently manages the process of avoiding and minimising negative factors, rather than regulating it. This imperative way of ensuring economic security has its positive sides, but it is difficult to note its effectiveness in the future due to the spread of globalisation and the gradual intervention in Chinese markets of foreign TNCs. As a separate phenomenon in the context of the development of the notion of economic security, in our opinion, it is necessary to consider the provision of economic security in unions, associations of states, in particular in the EU.
The experience of EU countries shows that ensuring national economic security has the effect of securing a specific place in the global world that would correspond to its geostrategic significance and potential. In the EU, the concept of “economic security” depends on the position of this association in the world economic system. The EU dictates the importance of European integration to achieve a high level of competitiveness in the context of globalisation. According to the EU's strategic approaches to development, each EU member state has much less potential for economic resources than other developed countries, and the synergy effect of resource sharing increases the EU's ability to ensure a high level of economic security and competitiveness. Therewith, the ultimate goal of ensuring economic security in the EU is the formation of a fully integrated Europe with the same standard of living in all member states [43].
Examining the doctrines of most EU countries, it can be emphasised that the main task of security policy in national doctrines is to strengthen the European space of stability through the development of European integration and active EU neighbourhood policy with Eastern Europe, South Caucasus, Central Asia and the Mediterranean. Although here it is impossible not to agree with the opinion of A. Otsepek that each EU country applies its own concept of economic security, which has common provisions and goals with the EU concept [43].
For example, in Germany there is no separate law that would determine the principles of economic security. Ensuring economic security in practice is carried out through laws that regulate the main areas of market activity and give the state significant competence in the field of control. The main interests of the state in the field of national security, including its economic component, are presented in the form of an official directive of the Ministry of Defense. The leading means of ensuring the safe development of the economy in Germany include actions to maintain the civilised nature of market relations, ensuring a level playing field, preventing monopolisation in certain industries and maintaining the stability of the European currency.
In France, conceptual approaches to the model of economic security define it as the prevention of economic threats through the formation of new schemes, adaptations of norms and structures of international security and the creation of a network of cooperation, in particular between public and private sectors and between states [44].
Conceptual approaches to economic security in Spain are considered in the context of addressing this issue in the context of economic security throughout the EU. But, as A.I. Prilepsky rightly notes, the country has a system of ensuring national interests in the economic sphere. The scientist emphasises that its basis is: adaptive legal framework; unambiguous delimitation of the competence of ministries, departments and organisations in the implementation of regulations relating to economic development; the presence at each level of development of a legally approved program of economic priorities, which in theory could make it impossible to distribute targeted privileges; availability of special state control services [44].
For Ukraine, given its real economic potential and place in the system of global economic relations, the experience of such countries as Belgium, the Netherlands, Denmark, Luxembourg is indicative. They are deprived of the opportunity to influence the trends of international economic processes, and therefore must shape domestic security policy in such a way as to be maximally prepared and adapted to external economic threats [45]. The essence of the policy of national economic security in these countries is to form a system of indicators to prevent negative phenomena for the national economy with the development of appropriate scenarios for overcoming or avoiding them.
The conceptual foundations of economic security in Poland, the Csech Republic, Slovakia, and the Baltic States are based on the convergence of national interests with European ones, as well as political, economic, and institutional transformation in accordance with Western European standards. As evidenced by the development of these countries, the study of their economies in scientific papers [46], in the early 1990s, these countries have chosen almost the same model of economic security, which consisted of:
- assessments of the regional geopolitical situation;
- determination of strategy and vector of development;
- formation and implementation of a model of behavior, in particular in the economic sphere, in accordance with the trends of regional and global evolutionary process;
- the ratio of basic quantitative and qualitative indicators of development with global and regional standards;
- adjusting the course of economic reforms.
It should be noted that the successful provision of national economic security by EU countries depends on the stability and strength of their national economies. It is absolutely obvious that only a strong economy allows effectively protecting national economic interests in the context of globalisation and economic crisis. In view of this, the state must not only develop a national concept of security, based on world experience, but above all to reform the domestic and foreign economic policy to protect all economic entities. The protection of economic entities is an element of economic security at the micro level, but the degree of protection of enterprises and organisations in the economic sphere depends on economic security at the meso and macro levels.
Special emphasis should be placed on the fact that economic security in the EU is subj ect to regulation. The supranational bodies and institutions of the EU independently develop recommendations to the EU member states on taking certain actions aimed at eliminating the shortcomings of economic development or counteracting economic crises.
Although such recommendations are not binding, their utilitarianism and effectiveness are obvious, and most countries use them as elements of a national system of economic security. This does not mean a loss of economic sovereignty, but it is extremely effective from cooperation within the EU, as models and mechanisms for overcoming economic crises and negative trends in economic development are equally effective for all EU member states.
Thus, the experience of EU countries shows that ensuring economic security has a decisive influence on securing for the state a clear place in the global world, which would correspond to its geostrategic significance and potential. That is why today the adaptation of the experience of EU countries in ensuring economic security should become one of the priorities of Ukraine's foreign policy not only in terms of achieving stability and efficiency of the national economy, but also in terms of long-term national development strategy [42].
The systems of economic security inherent in countries with economies in transition are characterised by the presence of unsystematic fragments of national policy aimed primarily at stabilising economic processes after the independence of the state, changes in the political regime, etc. In our opinion, such a model of economic security is inherent in modern Ukraine, which indicates, rather, the low efficiency of state decision-making in the context of building an effective and efficient system of economic security and weak theoretical, methodological and regulatory support in this area.
Conclusions
Economic sovereignty is the ability of a state to make full use of a set of conditions and factors, measures and means (primarily legal) that ensure the independence of the national economy, its stability and stability, the ability to constantly renew and self-improvement for further economic development, despite or minimising negative external pressure of other participants in globalisation processes. The content of economic sovereignty is a sequence of policies of economic self-strengthening, the use of legal means and internal economic reserves and potential that contribute to the formation of an economically independent and self-sufficient state.
Economic security of the state is a certain state of the country's economy, which should ensure the ability to counter internal and external threats to the economic system of Ukraine, is the embodiment of the ability of the state to resist external economic pressure from other states, Interstate economic associations, TNCs, powerful market agents-non-residents and independently, independently implement their own economic policy, ensure the ability of national business entities to compete in foreign economic markets, maintain the balance of national economic interests, including legal means, this directly affects the state of economic sovereignty of the state.
The appeal to the national systems of economic sovereignty and economic security of individual countries of the world allowed determining the features of their functioning depending on the type of state economy and legal means to ensure the functioning of such systems, namely: American (characterised by the main emphasis of national policy on ensuring a balanced system and external threats); Japanese (emphasis is placed on ensuring the stability of social processes, the development of the nation); Chinese (corresponds to the socialist guidelines for the development of society); European (on the example of the EU), characterised by differences that are associated with the presence of different potentials of the economies of the EU, which leads to the existence of different approaches to the creation of national systems of economic security); States with economies in transition (including Ukraine) - is characterised by fragmentary national policy in the field of economic security of the state, rather weak theoretical and methodological and regulatory support in this area.
It should be important for Ukraine to understand that it is possible to achieve significant results in protecting the domestic economy only by creating an effective system of means to overcome or minimise existing or too potential threats, especially in the context of globalisation of trade and economic relations, when each state tries to export such threats from its own economic system to a weaker one. Instead, to strengthen its position on the world market, Ukraine must gradually become an important participant in the processes of ensuring international economic security.
Given the above, we can say that today Ukraine must simultaneously counter external economic threats and try to most effectively and quickly realise its own foreign economic ambitions by creating an effective mechanism (system) of legal support for economic sovereignty and economic security.
References
1. Zhalilo, J.A. (2001). Economic security of the state, enterprises, individuals in an integrated society. Current Issues of International Relations, 26, 24-27.
2. Serhiyenko, V.V., & Pyeshkova, A.S. (2016). Legal security of economic entities in Ukraine. Kharkiv: KhNEU named after S. Kuznets.
3. Abalkin, L. (1994). Economic security of Russia: Threats and their reflection. Economic Issues, 12, 4-13.
4. Bogdanov, I.Ya. (2001). Economic security of Russia: Theory and practice. Moscow: RIC ISPI RAS.
5. Senchagov, V.K. (2009). Strategic goals and the mechanism for ensuring economic security. Problems of Theory and Practice of Management, 3, 18-23.
6. Lundvall, B.-E., & Barras, S. (1998). The globalising learning economy: Implications for innovation policy, DGXII, European Commission. Bruxelles.
7. Anghie, А. (2004). Imperialism, sovereignty and the making of international law. New York: Cambridge University Press.
8. Schrijver, N.J. (1997). Sovereignty over natural resources: Balancing rights and duties. Cambridge: Cambridge University Press.
9. Chen, C.-J.J. (2018). Economic interests or national sovereignty public opinion on the cross-strait dilemma during the Ma Ying-jiu era. In A. Beckershoff, G. Schubert (Eds.), Assessing the Presidency of Ma Ying-jiu in Taiwan: Hopeful Beginning, Hopeless End? (pp. 90-108). London: Routledge.
10. Boerner, L., & Ritschl, A. (2009). The economic history of sovereignty: Communal responsibility, the extended family, and the firm. Journal of Institutional and Theoretical Economics (JITE), 165, 1, 99-112.
11. Villaroman, N.G. (2009). The loss of sovereignty: How international debt relief mechanisms undermine economic self-determination. Journal of Politics and Law, 2, 4, 3-16.
12. Lowe, A.V. (1985). The problems of extraterritorial jurisdiction: Economic sovereignty and the search for a solution. ICLQ, 34, 724-747.
13. Vernon, R. (1968). Economic sovereignty at bay. Foreign Affairs, 47, 1, 110-122.
14. Chun, C.K.S. (2012). Economics: A key element of national power. U.S. Army War College Guide to National Security Issues, 1: Theory of War and Strategy. Retrieved from https://www.jstor.org/stable/pdf/resrep12116.19.pdf.
15. Kundnani, H. (2011). Germany as a geo-economic power. The Washington Quarterly, 34(3), 31-45. doi: 10.1080/0163660X.2011.587950.
16. Cable, V. (1995). The diminished nation-state: A study in the loss of economic power. Dxdalus, 124(2), 23-53.
17. Strange, S. (1975). What is economic power, and who has it? International Journal: Canada's Journal of Global Policy Analysis, 30, 2, 207-224. doi: 10.1177/002070207503000202.
18. Cable, V. (1995). What is international economic security? International Affairs, 71(2), 305-324. doi: 10.2307/2623436.
19. Kahler, M. (2004). Economic security in an era of globalization: definition and provision. The Pacific Review, 17(4), 485-502. doi: 10.1080/0951274042000326032.
20. Bytyak, Y^., Yakovyuk, TV., Tragniuk, О.Y., Komarova, UV., & Shestopal, S.S. (2017). The state sovereignty and sovereign rights: The correlation problem. Man in India, 97(23), 577-588.
21. Yakoviyk, I.V., Shestopal, S.S., Baranov, P.P., & Blokhina N.A. (2019). State sovereignty and sovereign rigts: EU and national sovereignty. Opcion, 34(87-2), 376-385.
22. Varnaliy, Z.S., Burkaltseva, D.D., & Saenko, O.S. (2011). Economic security of Ukraine: Problems and priorities of strengthening. Kyiv: Znannya Ukrayiny.
23. Mazaraki, A.A., Korolchuk, O.P., & Melnyk, T.M. (2010). Economic security of Ukraine in the conditions of globalization challenges. Kyiv: KNTEU.
24. Senchagov, V.K., Gubin, B.V., & Pavlov, V.I. (2005). Economic security of Russia (2nd ed). Moscow: Delo.
25. Shlemko, V.T., & Binko, I.F. (1997). Economic security of Ukraine: essence and directions of maintenance. Kyiv: NISS.
26. Kutsyk, P.O., Kovtun, O.I., & Bashtyanyn, G.I. (2015). Global economy: Principles of formation, functioning and development. Lviv: Lviv Commercial Academy.
27. Balistreri, E.J., & Hillberry, R.H. (2017). 21st century trade wars. Retrieved from
28. https://www.gtap.agecon.purdue.edu/resources/download/8809.pdf.
29. Guo, M., Lu, L., Sheng, L., & Yu, M. (2017). The day after tomorrow: Evaluating the burden of Trump's trade war. Retrieved from http://cesi.econ.cuhk.edu.hk/wp-content/uploads/The-Day-After- Tomorrow_Evaluating-the-Burden.pdf.
30. Tkalenko, S.I. (2014). Economic sovereignty in the context of ensuring economic security of Ukraine. Strategy of Economic Development of Ukraine, 34, 52-60.
31. Skrypniuk, O. (2014). Problems of ensuring the state sovereignty of Ukraine at the present stage (constitutional and legal aspect). Bulletin of the National Academy of Legal Sciences of Ukraine, 2, 18-26.
32. Khapatnyukovsky, M.M. (2015). Economic sovereignty of Ukraine in the conditions of global imbalances (Doctoral thesis, Kyiv National University of Trade and Economics, Kyiv, Ukraine).
33. Gradov, A.P. (2005). National Economy (2nd ed). St. Petersburg: Pher.
34. Zhalilo, J. (2005). Economic strategy as a category of modern economics. Ukraine Economy, 1, 19-27.
35. Mykytas, V.V., & Tyutyunnikova, S.V. (2016). Economic sovereignty in the context of globalization: content and features of modification. Efficient Economy, 5. Retrieved from http://www.economy.nayka.com.ua/?op=1&z=4947.
36. Skakun, O.F., Tatsiy, V.Ya., Svyatotsky, O.D., & Maksimov, S.I. (2013). Economic dominant in legal doctrine: Theoretical economic and legal analysis. In O.V. Petrishin (Ed.), Legal doctrine of Ukraine: in 5 volumes (Vol. 1). ^. 154-197). Kharkiv: Pravo.
37. Mocherny, S.V. (2009). Economic theory. Kyiv: VC “Academy”.
38. Vatamanyuk, Z.G., & Panchyshyn, S.M. (Ed.). (1998). Economic theory: Macro- and microeconomics. Lviv: Ingereko.
39. Ashurkov, O.O. (Ed.). (2012). Economic sovereignty of the state and directions of its legal support. Donetsk: Yuho-Vostok.
40. Yedynak, V.Yu. (2009). World experience in solving the problem of ensuring economic security. State and Regions. Series “Economics and Entrepreneurship”, 3, 51-54.
41. Bilousov, E.M. (2017). Globalization challenges and their overcoming in the context of ensuring economic security of the state. In Innovative system and information technologies in modern science: All-Ukrainian scientific-practical conference (^. 12-20). Kharkiv: PZIR Research Institute.
42. Margasova, V.G. (2011). Foreign experience of ensuring economic security of the region. Scientific Bulletin of the Chernihiv State Institute of Economics and Management. Series Economy, 1, 53-61.
43. Bondar, A^. (2013). World experience of state management of economic security and its use in Ukraine. Public administration: improvement and development is included in the list of scientific professional publications of Ukraine on public administration. Retrieved from http://www.dy.nayka.com.ua/?op=1&z=775.
44. Ocepek, A. (2010). Economic security and the European dream / Marquette University. Retrieved from http://www.anselm.edu/Documents/NHIOP/Global%20Topics/2010/Ocepekpaper.pdf.
45. Prilepsky, A.I. (1999). Formation of a mechanism for ensuring economic security in the national economic complex (Doctoral thesis, Higher School of Privatization and Entrepreneurship, Moscow, Russian Federation).
46. Nye, J., & Keohane, R.O. (1977). Power and interdependence: World politics in transition. Boston: Little Brown and Company.
47. Ivaschenko, M.V. (2010). Customs administration and the need to form new approaches to its organization. Yurist - Pravoved, 6, 107-111.
Размещено на Allbest.ru
...Подобные документы
Consideration of sovereignty as a basic constitutional principles of state law (for example, the countries - members of the Commonwealth of Independent States). Legislative support in Ukraine national development in the socio-cultural (spiritual) sphere.
реферат [20,1 K], добавлен 13.02.2015The steady legal connection of the person with the state, expressing in aggregate of legal rights and duties. The Maastricht Treaty of 1992. Establishment of the European Economic Community. Increase of the number of rights given to the citizens.
реферат [22,5 K], добавлен 13.02.2015Problems of sovereignty in modern political life of the world. Main sides of the conflict. National and cultural environment of secessional conflicts. Mutual relations of the church and the state. The law of the Pridnestrovskaia Moldavskaia Respublika.
реферат [20,1 K], добавлен 10.02.2015The differences between the legal norm and the state institutions. The necessity of overcoming of contradictions between the state and the law, analysis of the problems of state-legal phenomena. Protecting the interests and freedoms of social strata.
статья [18,7 K], добавлен 10.02.2015General characteristics of the personal security of employees. Bases of fight against a corruption in the tax service of Ukraine. Personal safety of the tax police, concept, content, principles. Legislative regulation of non-state security activity.
реферат [24,7 K], добавлен 08.10.2012The concept and features of the state as a subject of international law. The sovereignty as the basis of the rights and duties of the state. Basic rights and obligations of the state. The international legal responsibility of states. Full list of rights.
курсовая работа [30,1 K], добавлен 17.05.2016The issue of freedom of the individual and their normative regulation in terms of constitutional democracy in post-Soviet republics. Stages of formation of the rights and freedoms of man and citizen. Socio-economic, ideological and political conditions.
реферат [24,9 K], добавлен 14.02.2015Determination of the notion of the legal territory of estimation. Sensor bases of information for legal estimating activity (estimation). Legal estimating abilities. Motivation of applied psychotechnics for legal estimating, and self-estimating.
реферат [19,3 K], добавлен 13.02.2015Characteristics of Applied Sciences Legal Linguistics and its main components as part of the business official Ukrainian language. Types of examination of texts and review specific terminology used in legal practice in interpreting legal documents.
реферат [17,1 K], добавлен 14.05.2011The attitude of Americans to the national symbols, their value. The meaning of the symbols and signs on the flag state. National anthem of the United States - the song "The Star-Spangled Banner". Bird-symbol of the United States is the bald eagle.
презентация [2,6 M], добавлен 15.06.2015Understanding the science of constitutional law. Organization of state power and the main forms of activity of its bodies. The study of the constitutional foundations of the legal status of the citizen, local government. Research on municipal authorities.
реферат [15,3 K], добавлен 14.02.2015The characteristics and structure of constitutional law of Ukraine, factors affecting its formation and development, the current trend. Reform and the direction of change of the legal branch of the state. Principles of functioning of constitutional law.
реферат [40,5 K], добавлен 13.02.2015Characteristics of the state apparatus Ukraine: the concept, content and features, fundamental principles of organization and operation of state apparatus. Structure of the state apparatus and its correlation with the mechanism of state.
курсовая работа [25,1 K], добавлен 08.10.2012Concept of development basic law. Protection of freedom through the implementation of the principle of subsidiarity. Analysis of the humanitarian aspects of the legal status of a person. Systematic review of articles of the constitution of Russia.
реферат [21,2 K], добавлен 14.02.2015Study of the problems of local government in Ukraine. Analysis of its budgetary support, personnel policy, administrative-territorial structure. The priority of reform of local self-management. The constitution of Palestine: "the state in development".
реферат [15,9 K], добавлен 10.02.2015Analyze general, special and single in different constitutionally legal systems of the countries of the world. The processes of globalization, internationalization, socialization, ecologization, humanization and biologization of the constitutional law.
реферат [17,4 K], добавлен 13.02.2015The official announcement of a state of emergency in the country. Legal measures that State Party may begin to reduce some of its obligations under the International Covenant on Civil and Political Rights. Ensure public order in emergency situations.
реферат [19,2 K], добавлен 08.10.2012Medicine in Ukraine. Health care reform: what doctors and patients should expect from. National strategy of health care reform. Changing the distribution of funds. Decentralization. The introduction of health insurance. Public-private partnership (PPP).
эссе [23,1 K], добавлен 21.09.2015History of infantilism. Formation of the civil society and development of the lawful state. About the new constitution of Serbia. Introduction of obligatory examination for all state and municipal officials of knowledge of Constitution of the Russia.
контрольная работа [20,1 K], добавлен 10.02.2015In world practice constitutional control is actually a develop institute with nearly bicentennial history. In this or that form it is presented and successfully functions in the majority of democratic states. Constitutionally legal liability in Russia.
реферат [51,3 K], добавлен 10.02.2015