Economic sovereignty and economic security of Ukraine (interrelation and mutual understanding) in the context of their doctrinal and legal support

Legal provision of economic security of the state. The relationship between the concepts of "economic security" and "economic sovereignty". Building a national model of economic security, creating a system of means of overcoming or minimizing threats.

Рубрика Государство и право
Вид статья
Язык английский
Дата добавления 26.07.2022
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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.

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