TO DETERMINE THE LEGAL NATURE OF THE CONCEPT «SPECIAL REGIME» IN THE FIELD OF MANAGEMENT
DOI:
https://doi.org/10.33216/2218-5461-2022-43-1-80-90Abstract
The article is devoted to the problem of defining the essence of the category "special economic re-gime". In the conditions of martial law, this category needs a qualitative review and the introduction of appropriate changes to the legislation. On the basis of the analysis of economic legislation, the works of Ukrainian researchers - specialists in the specified field, the actual situation of economic entities in the conditions of martial law, as well as the correlation of the effectiveness of the national economic system with achievements in the defense sphere, conclusions were drawn about the need to revise the conceptual apparatus of economic law. It was determined that a clear understanding of the essence, main features and types of legal regimes as a general theoretical category contributes to the disclosure of the meaning of the concept of "special economic regime". It is emphasized that the concept of "legal regime" is one of the basic terms of most branches of national legis-lation.
Defects of normative and legal regulation in Ukrainian legislation are revealed: there are no definitions of the main concepts and their consolida-tion at the legislative level (in particular, the concept of "special economic regime" is not enshrined in the Economic Code of Ukraine), there are no criteria for assigning certain rules of economic activity to spe-cial legal regimes, and the types of special economic regimes, as well as criteria for their classification, need to be revised. From these positions, the author offers his own definition of the concept of "special legal management regime", as well as its specific characteristics. Amendments to the legislation in this area are proposed.
Keywords: regime; legal regime; special legal regime; legal regulation; economic activity.