{"title":"THE CONCEPT OF SELF-REGULATION OF ECONOMIC AND TRADE ACTIVITIES","authors":"H. Babadzhanian","doi":"10.32849/2663-5313/2022.1.02","DOIUrl":null,"url":null,"abstract":". The purpose of the article is to define the concept of self-regulation of economic and trade activities. Research methods . The work is based on general scientific and special methods of scientific knowledge. Result. The author has studied theoretical principles of self-regulation of economic and trade activity, i.e., concept, signs, types, and means. It is established that self-regulation of economic and trade activities is a unique, complex, and isolated system of rules under which the parties themselves choose and enforce conduct rules by relying on mutual good faith and integrity. During the analysis of the essence of “self-regulation”, the following types are distinguished: by the nature of interaction with the state (delegated, voluntary, and mixed), by means (contractual, corporate, and institutional), by consolidation forms (regulatory, organizational, and/or institutional).The research marks that most European countries, such as Poland, France, Italy, Germany, and others, legislatively settled the activities of self-regulatory organizations and the issue of self-regulation as a whole. The effectiveness of the functioning of self-regulation and the activities of self-regulatory organizations has been proved based on the legislative practice of the European Union countries. The author has studied contractual self-regulation and emphasized that the parties themselves can act as a kind of “legislators”, but within the limits determined by law. It is specified that the contract of delivery and the sale of goods are means of self-regulation, because they implement the principle of free will and allow the parties to determine convenient rules of conduct in contractual relations. Conclusions. It is stated that a systematic regulatory legal act which would clearly regulate social relations related to self-regulation as a whole has not yet been adopted. It is proposed to amend and/or supplement the Commercial Code of Ukraine and/or adopt the Law of Ukraine “On Trade” which would enshrine the term “self-regulation”, “self-regulation of economic and trade activities” and determine the principles of state regulation and self-regulation, as well as other issues of organization and implementation of economic and trade activities.","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"104 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Entrepreneurship, Economy and Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32849/2663-5313/2022.1.02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
. The purpose of the article is to define the concept of self-regulation of economic and trade activities. Research methods . The work is based on general scientific and special methods of scientific knowledge. Result. The author has studied theoretical principles of self-regulation of economic and trade activity, i.e., concept, signs, types, and means. It is established that self-regulation of economic and trade activities is a unique, complex, and isolated system of rules under which the parties themselves choose and enforce conduct rules by relying on mutual good faith and integrity. During the analysis of the essence of “self-regulation”, the following types are distinguished: by the nature of interaction with the state (delegated, voluntary, and mixed), by means (contractual, corporate, and institutional), by consolidation forms (regulatory, organizational, and/or institutional).The research marks that most European countries, such as Poland, France, Italy, Germany, and others, legislatively settled the activities of self-regulatory organizations and the issue of self-regulation as a whole. The effectiveness of the functioning of self-regulation and the activities of self-regulatory organizations has been proved based on the legislative practice of the European Union countries. The author has studied contractual self-regulation and emphasized that the parties themselves can act as a kind of “legislators”, but within the limits determined by law. It is specified that the contract of delivery and the sale of goods are means of self-regulation, because they implement the principle of free will and allow the parties to determine convenient rules of conduct in contractual relations. Conclusions. It is stated that a systematic regulatory legal act which would clearly regulate social relations related to self-regulation as a whole has not yet been adopted. It is proposed to amend and/or supplement the Commercial Code of Ukraine and/or adopt the Law of Ukraine “On Trade” which would enshrine the term “self-regulation”, “self-regulation of economic and trade activities” and determine the principles of state regulation and self-regulation, as well as other issues of organization and implementation of economic and trade activities.