Економіка та право (Sep 2018)
PROSPECTS FOR THE MODERNIZATION OF UKRAINIAN ECONOMIC LEGISLATION IN THE CONTEXT OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT
Abstract
The problems of determination of strategic and tactical priorities of modernization of domestic economic legislation in consideration of the concept of sustainable development as a universal imperative for constructing a new model of management by national economies are considered. Some prospective directions of modernization of the economic legislation of Ukraine in the context of implementation of the conceptual foundations of sustainable development in the legal system of the state are highlighted. Some theoretical positions concerning the deepening of doctrinal economic and legal developments from the investigated issue are formulated. In particular, it is noted that the legal economic order, which is mentioned in Art. 5 of the Economic Code of Ukraine should become a practical and comprehensive mechanism for the implementation of state policy in the field of economics, comprehensively covering not only the constitutional and legal principles contained in the content of the said legal norm, but also the inter-sectoral (referred to in the text of the Economic Code of Ukraine), sectoral economic law) the legal principles and principles of sustainable development. It is proved that under the influence of the conceptual foundations of sustainable development there should be transformations in the methodological basis of the construction of key elements and categories of economic legislation that will necessarily require an appropriate correlation with doctrinal developments within the framework of the science of economic law. Proposals on amendments to the Economic Code of Ukraine and certain acts of economic legislation have been prepared. In particular, the urgency of the issue of the implementation of the provisions of the concept of sustainable development in the principles of economic management and economic law is emphasized. In this regard, it is proposed to expand the list of general principles of management by amending and supplementing Article 6 of the Economic Code of Ukraine. It is proved that in the course of determining the legal framework of national economic policy, a conflict between the goals of sustainable development of Ukraine and other countries or their associations in the context of implementation of bilateral and multilateral agreements is occurring, which leads to a violation of national economic sovereignty. In connection with this, it is proposed to consolidate the principle of legal identity of the state at the constitutional level, which must simultaneously become one of the principles of sustainable development of Ukraine, realization of its strategy and tactics of driving changes in the socio-economic sphere.
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