PECULIARITIES OF INTRODUCING SPECIAL ECONOMIC REGIMES IN THE CONTEXT OF A PANDEMIC AND MARTIAL LAW

Authors

  • S. Sieriebriak

DOI:

https://doi.org/10.33216/2218-5461/2023-46-2-248-259

Abstract

The article focuses on the issues of determining the content of legal regulation of the introduction of special economic regimes in the context of a pandemic and the legal regime of martial law. The author describes and analyzes in detail the system of regulatory and legal support for the introduction of special economic regimes both in general and in special conditions. In the context of a full-scale war on the territory of Ukraine, and given the predictably difficult post-war recovery period for our country's economy, it is the introduction of a special economic regime which may become a "catalyst" for the development of the de-occupied territories and the economy as a whole. Based on the analysis of economic legislation, works of Ukrainian researchers who are specialists in this area, the actual situation of economic entities in the current conditions, and the correlation of the effectiveness of introduction of special legal regimes of economic activity, the author draws conclusions about the need to revise certain fundamentals of economic legislation.
The author emphasizes the importance of conceptualizing the system of state guarantees of the rights of business entities in a pandemic and during martial law, as well as after a pandemic and in the post-war period. The author emphasizes the important differences in the mechanism of legal regulation of economic activity during a pandemic and martial law, and proposes to develop a clear strategy for introducing certain types of special economic regimes in the post-war period.
Special attention is focused on the shortcomings of the regulatory system in Ukrainian legislation: there are no definitions of basic concepts and their consolidation at the legislative level. The author proposes to amend the legislation in this area, in particular, to improve the mechanism for introducing state guarantees, to define the features of various types of special economic regimes, etc.

Key words: legal regime; special legal regime; state guarantees, pandemic, martial law.

Author Biography

S. Sieriebriak

Кандидат юридисних наук, докторант, Державна установа Інститут економіко-правових досліджень ім. В.К. Мамутова Національної академії наук України, м. Київ

Published

16.10.2023

Issue

Section

Статті