Economics and Law最新文献

{"title":"ECOSYSTEM PAYMENTS AND CONSERVATION OF FOREST ECOSYSTEMS OF UKRAINE: ABROAD EXPERIENCE AND MARKET PRICING","authors":"V. Antonenko, O. Sukhina","doi":"10.15407/econlaw.2023.04.079","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.079","url":null,"abstract":"Environmental issues are too important for the modern world, especially for Ukraine. This topic, despite its relevance, is far from complete. One of the most effective methods of solving these problems is environmental taxation, which makes it possible to introduce regulatory levers of influence on consumers of Natural Resources. Different countries have developed their own approaches to the implementation of tax methods in the mechanism of environmental relations between the state and its counterparties. At the same time, other alternative schemes of these relationships are being introduced. Environmental tax rates in Ukraine lag behind European ones (which is an additional, too influential reason for slowing down in solving environmental problems), and given the European choice of Ukraine, it is relevant to review the current environmental tax rates. This is exactly the goal set in this study. The economic interests of the state and its counterparty consist in determining the amount of ecosystem payments for natural resources, the essence of which is their intended purpose ‒ the preservation, reproduction or restoration of ecosystems, their potential and functions. The authors prove that the current procedure for determining the cost of natural resources through their prime cost is fundamentally wrong and erroneous in its essence, since it does not meet their regulatory purpose. The fundamental reform of the sphere of environmental taxation should take into account: first, the presence of state ownership of Natural Resources in Ukraine; second, the definition of environmental payments as the cost of ecosystem services provided by the relevant ecosystems; third, the need to introduce market elements in the pricing system for these services. Using the example of forest resources, the author's own approach is justified and our own methodology for determining ecosystem payments as the cost of ecosystem services provided by these resources to their consumers is proposed. The cost of ecosystem services for forest ecosystems consists of the cost of assimilation services (absorption of harmful substances by forest ecosystems – carbon dioxide) and the cost of oxygen-producing services (generation of oxygen by them). This ensures that not only and not so much the level of cost of Natural Resources is taken into account, but also, importantly, the use value of ecosystem services provided to consumers by ecosystems. However, the cost of Ecosystem Services determined in this way should be considered as the minimum allowable (basic) level of their price. In the future, to respond to the ratio of supply and demand in the ecosystem services market, it is proposed to apply additional elements of the tender pricing procedure, which brings the process of estimating the cost of these services closer to fairer pricing. The authors believe that the mechanism of tender adjustment, provided that the auction price increases above the minimum allowable (basic) level, is","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"149 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"STRATEGIC PRIORITIES OF THE ECONOMIC POLICY OF THE POST-WAR COUNTRIES OF THE BALKAN REGION","authors":"S. Shults, O. Lutskiv, Е.P. Shults","doi":"10.15407/econlaw.2023.04.057","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.057","url":null,"abstract":"The article highlights the peculiarities of the post-war reconstruction of the countries of the Balkan region, on the territory of which military operations took place. The analysis of losses and destructive consequences for the economy of Bosnia and Herzegovina, Croatia and Serbia, as well as trends of structural transformations in terms of sectoral division, was carried out. Based on the assessment of the differences in the structure of the economy of the developed countries of the European Union (EU) and the countries of the Western Balkans, conclusions are made regarding the possibilities of bringing the structure of the economy closer to European standards in the post-war and modern periods. The system of measures implemented by post-war countries in the field of attracting financial resources of international aid is characterized, and the analysis of the features of the use of sources of international financial support, the distribution of donor funds and grant support funds in the reconstruction of the economy of the Balkan countries is carried out. Based on the analysis of the economic development trends of the Western Balkan countries in 2016-2021, the priority areas of reforms that the countries under study need are determined. Attention is focused on the need to solve the problem of reducing the differences in the rates of economic growth of the Balkan countries, expanding economic integration within the macro-region and ensuring convergence with the EU member states. After analyzing the experience of the post-war reconstruction of the countries of the Balkan region, a number of institutional changes should be noted, which were aimed at the implementation of measures to bring them closer to the EU and increase the possibilities of attracting financial resources of international aid through program and grant support tools. A detailed analysis of diversified sources of international financial support was carried out, both in terms of the countries that participated in military operations, and in the Balkan region in general. Summing up, the analysis of the experience of the post-war recovery of the economy of a number of Balkan countries shows that its success is the result of a purposeful policy of structural reforms and consistent regulatory measures of the state to achieve the defined goals and priorities of economic recovery. It is noted that in the conditions of the war and after its end, Ukraine should take into account the experience of restoring post-war economies in order to speed up this process and avoid mistakes.","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"293 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139183037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“SAFE HARBOUR” IN THE PROPOSAL FOR CORPORATE SUSTAINABILITY DUE DILIGENCE DIRECTIVE","authors":"V.V. Poiedynok","doi":"10.15407/econlaw.2023.04.022","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.022","url":null,"abstract":"Over the last decade, the mandatory legislation that requires large companies to conduct due diligence for the social, environmental, and ethical risks within their economic activities and to manage those risks efficiently has been rapidly expanding across Europe. On 23 February 2022 the European Commission unveiled a proposal for a Directive on corporate sustainability due diligence. Following numerous amendments adopted by the European Parliament on 1 June 2023, the proposal now enters negotiations with the EU Council and member states for further refinement. The proposal introduces mandatory human rights and environmental due diligence (mHREDD) which establishes provisions for corporate liability when companies meeting the employee number and turnover criteria specified in the proposal fail to adhere to due diligence obligations, causing otherwise avoidable harm. The adoption of mHREDD transforms the prevention of harmful impacts on human rights and the environment from a voluntary practice of companies into a normative standard of their conduct. Therefore, compliance with the Directive's requirements will become part of a company's compliance as an internal process aimed at ensuring adherence to existing norms and rules. A large proportion of companies targeted by the proposal, while appearing cooperative, seek to weaken the future rules through the corporate lobbying. Among the tactics used to undermine the law is lobbying the so-called “safe harbour” exemption. With a “safe harbour” exemption, the legislature sets out criteria that, if met, could exclude liability and the corresponding ability of claimants to bring action. In the context of the proposal of the Directive “safe harbour” means that a company shall be released from all legal actions upon proof that it had carried out a legally valid due diligence assessment. Safe harbour exemption is contrasted with the use of due diligence as a procedural defence, which the defendant company can plead and seek to prove in court. The proposal’s implications are important for Ukraine considering its status as a candidate country for EU membership. Ukrainian companies, unlike those in the EU countries, lack experience of operating within the framework of corporate social responsibility and non-financial reporting to build upon, and the culture of corporate sustainability is in its nascence. A “safe harbour” approach, under which when the company has seemingly complied with the due diligence process (which might be a mere “tick-box exercise”), it will not be held liable for the harmful effects of its activities, will have devastating impact for the development of corporate sustainability tradition in Ukraine.","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"44 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"METHODOLOGICAL APPROACHES TO DETERMINING THE ECONOMIC EFFICIENCY OF INSOLVENCY LAW","authors":"O.O. Gavryliuk, V. Ustymenko, V.A. Filatov, I. Parasii-Verhunenko, V.M. Makhinchuk","doi":"10.15407/econlaw.2023.04.003","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.003","url":null,"abstract":"Insolvency law is an essential part of the legal system in any country. It serves a dual function – restoring the solvency of debtors and removing inefficient economic entities from the market. The effectiveness of insolvency law has a direct impact on a country's investment attractiveness and economic growth. This is why international economic organizations conduct assessments of national insolvency mechanisms using various approaches to define and evaluate effectiveness criteria. Despite the existence of an insolvency indicator developed by the Organization for Economic Cooperation and Development (OECD), the international Doing Business ranking by the World Bank became a catalyst for bankruptcy legislation reform in Ukraine in 2021. It is worth noting that each approach to evaluating the effectiveness of this area of law has its advantages and disadvantages in terms of accuracy and objectivity. The final assessments may be distorted due to biases of the compilers, which led to the cancellation of the Doing Business ranking in 2021. For Ukraine, the assessment of the effectiveness of insolvency legislation is crucial, given the importance of this institution in ensuring economic efficiency during both wartime and peacetime. It helps identify directions for improving legal regulation, including aligning Ukrainian legislation with European Union standards. This highlights the need to develop specific criteria for evaluating the practicality of legislative changes to enhance the efficiency when applied to all participants in the insolvency or bankruptcy proceedings. It should stimulate economic growth and harmonize Ukrainian legislation with European Union standards. This research analyzes various aspects of the effectiveness of insolvency legal mechanisms in Ukraine using the methodology of economic analysis of law, which has received insufficient attention in empirical studies and legislative work in Ukraine until now. The research findings will be a significant contribution to promoting effective regulation of debtor solvency restoration and preventing bankruptcy. They will also stimulate economic growth and harmonize Ukrainian legislation with European Union standards. Through the lens of interdisciplinary approaches to evaluating the effectiveness of insolvency law in Ukraine, the study proposes seven indicators for determining the economic efficiency of Ukrainian insolvency law: 1) Funds Recovery Ratio; 2) Case Processing Time; 3) Solvency Restoration Index; 4) Bankruptcy (Insolvency) Case Quantity Dynamics Index; 5) Business Climate Index; 6) Insolvency Policy Index for SMEs; 7) Legal Application Predictability Index. The proposed methodological approach allows for the assessment of the result of the formation and implementation of the state insolvency policy.","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"276 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139183056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ISRAEL'S EXPERIENCE IN THE DEVELOPMENT OF INNOVATIONS AND TOURISM IN THE CONDITIONS OF MILITARY ACTIONS","authors":"I. Budnikevich, I. Krupenna, D. Baraniuk","doi":"10.15407/econlaw.2023.04.068","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.068","url":null,"abstract":"The experience of Israel in the development of innovations and tourism in the conditions of military operations is considered. The indicators of the innovative activity of the country according to various global ratings are analyzed. The factors that contribute to the successful formation of Israel's innovation ecosystem, which integrates education, science, business and the state, are identified. Considered successful cases of innovative activity of the defence complex of Israel, which today is the main employer of the country and the sphere of attraction of investments. Attention is drawn to the system of assimilation, the transfer of advanced developments carried out by order of the military department to the civilian sphere, the involvement of teams of researchers and developers to develop products for non-military markets and, more often, to adapt defence technologies for civilian applications. The role in the development of the innovation ecosystem of the military departments of innovation and technology development, which attract significant investments, build incubators and accelerators for the creation and development of military innovative developments, was noted. Emphasis was placed on the need to borrow the experience of forming a system of support for innovative ideas and creating conditions for their implementation for military personnel after the end of service. It was noted that the priority for Israeli society and the state is human life at all stages, caring for it. This is laid in the basis of national security, permeates all spheres of Israeli state policy. The elements of the Israeli start-up ecosystem, which allow to support ambitious projects in the field of tourism in the conditions of military conflicts, have been studied. It is emphasized that it is the lost benefits (revenues not received and tourists who refused to travel), and not military budgets, that determine the main economic losses of tourism from the war. It was noted that Israel actively promotes the safety of most of its territories, involving other countries, which today does not make Ukraine and its tourist offices relatively safe regions. Individual start-ups in the field of tourism that offer applications, platforms, services that help in various aspects of travel, staying in hotels, planning routes, etc. are considered. It is concluded that Israel is currently the country with the greatest potential for innovation in the high-tech sector and the tourism space, thanks to an effective technological start-up ecosystem. Israel demonstrates the highest level of flexibility: the country cannot actively restore its own tourism, but it successfully offers technological solutions to the global tourism industry through a start-up ecosystem. It is completely impossible to copy the Israeli system of support for innovations, start-ups, tourism, Ukraine, and other states. However, Israel's experience in attracting funding from abroad and private investment, supporting","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"122 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL BASIS AND PERSPECTIVES OF INCLUSIVE BUSINESS PARTNERSHIP FOR SOCIO-ECONOMIC RECOVERY AND SUSTAINABLE DEVELOPMENT OF UKRAINE","authors":"A.Ye. Sanchenko","doi":"10.15407/econlaw.2023.04.031","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.031","url":null,"abstract":"This article highlights the results of the first initial study of the international and domestic legal bases for the introduction of “inclusive business partnership” in Ukraine as a new organizational and legal form of systemic interaction between economic entities and civil society institutions in the process of joint economic activity with the assistance of public authorities. In particular, the global 2030 UN Agenda for Sustainable Development with its human-centred approach aimed at eradication of poverty, creating of possibilities for all and inclusiveness in the secure and prosperous environment, as well as the current Agenda for Europe, the relevant international legal base and practical tools are studied in their interconnection and complementarity. The article provides overviews of examples of good practice of “inclusive business partnerships” with sustainable social effect in some developing countries. The roles in this new economic practice of European and multinational economic entities as investors and promotors, international and local non-governmental organisations, international development agencies, and local power bodies are described. The relevance and socio-economic expediency of “inclusive business partnership” which is determined by the Sustainable Development Goals and the national economic and social background and which is ensured by the synergy of mutual possibilities, potential, needs and skills of its parties are argued. The eligibility of the necessary basic strategic-legal and socio-economic frameworks for learning the current foreign experience of the “inclusive business partnership”, elaboration of the relevant legal regulation and its implementation in Ukraine in the times of postwar recovery of Ukraine is generally analyzed. The author argues that the context of the comprehensive international support to Ukraine confronting the unprovoked Russian military aggression and the challenges of unprecedented losses, that is proved again during the London international Ukraine Recovery Conference of June 2023 and the declaration of the U.S. – EU Summit of October 2023, provide for the perspectives of Ukraine’s innovative, human-rights based, inclusive and ESG-oriented economic development in the course of its integration to the European Union. The nearest prospects of further research in the area of legal regulation of the “inclusive business partnership” in Ukraine are defined.","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"8 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL BASIS OF DECARBONIZATION OF THE CITY TRANSPORT SYSTEM BASED ON THE DEVELOPMENT OF THE ELECTRIC MOBILE INFRASTRUCTURE","authors":"V. Oliukha, O.V. Marasin","doi":"10.15407/econlaw.2023.04.045","DOIUrl":"https://doi.org/10.15407/econlaw.2023.04.045","url":null,"abstract":"The article is devoted to the analysis of the legal support for the transfer of urban passenger transport from automobile to electric vehicle transport, which is necessary for the decarbonization of transport and the sustainable development of the settlement. It is well-founded that road public transport is part of the transport system of Ukraine and the city infrastructure system, and therefore the legal provision of its environmental protection should be implemented on a comprehensive basis. Legal support for the decarbonization of the urban transport system of road transport by encouraging the use of electric vehicles is carried out by norms of different levels (laws and by-laws) and different sectoral orientations. Regulatory and legal acts, that ensure the use of electric vehicles for urban passenger transportation, can be divided into those that: 1) lay the general principles of greening of economic activity and the field of transport; 2) provide stimulation of the development of ecological motor vehicles and the development of electric mobility infrastructure. The Economic Code of Ukraine is a codified act that should lay the foundations for ecologization of economic activity, and therefore it is advisable to enshrine in it the principles of sustainable development and signs of ecological business activity. The business activity of transporting passengers by electric vehicle can be recognized as an ecological business activity, because it will ensure the environmental safety of human life; the use of such transport eliminates such a negative impact on the natural environment as CO2 emissions into the atmosphere; they will have a level of satisfaction of consumer needs no lower than other similar services provided by traditional modes of transport. The changes made to the current legislation in 2021-2023 regarding the stimulation of the use of electric vehicles, although they do not fully meet the requirements of the European Union in the matter of determining the terms of the complete decarbonization of urban transport, are such that will stimulate the development of the electric vehicle infrastructure of the city in the future. Such an economic and legal instrument as the state program on greening transport should become the basis for the systematic introduction of electric transport infrastructure not only within the city, but in Ukraine as a whole. This will correspond to the European development vector of our state. At the same time, approaches that will fully meet the standards of the European Union should be laid down in the regulatory and legal provision of greening of the city's transport infrastructure.","PeriodicalId":507145,"journal":{"name":"Economics and Law","volume":"268 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139183033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}