经济贸易活动自律的概念

H. Babadzhanian
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引用次数: 1

摘要

. 本文的目的是界定经济贸易活动的自我规制的概念。研究方法。这项工作是以科学知识的一般方法和特殊方法为基础的。结果。笔者研究了经济贸易活动自我规制的理论原则,即概念、标志、类型和手段。经济贸易活动的自我规制是一个独特的、复杂的、孤立的规则体系,在这个体系下,各方依靠相互的诚信和诚信,自行选择和执行行为规则。在分析“自我监管”的本质时,可以区分以下几种类型:通过与国家互动的性质(委托、自愿和混合),通过手段(合同、公司和机构),通过整合形式(监管、组织和/或机构)。该研究表明,大多数欧洲国家,如波兰、法国、意大利、德国等,从立法上解决了自律组织的活动和整体上的自律问题。欧盟国家的立法实践证明了自我监管职能和自我监管组织活动的有效性。笔者对契约自我规制进行了研究,强调当事人本身可以作为一种“立法者”,但必须在法律规定的范围内。交货合同和货物买卖合同是一种自我调节的手段,因为它们体现了自由意志的原则,并允许当事人在合同关系中确定方便的行为规则。结论。有人指出,尚未通过一项系统的、明确规范与自我调节有关的社会关系的法律行为。建议修改和(或)补充《乌克兰商法典》和(或)通过《乌克兰贸易法》,该法将“自我规制”、“经贸活动自我规制”一词纳入其中,并确定国家规制和自我规制的原则,以及组织和实施经贸活动的其他问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE CONCEPT OF SELF-REGULATION OF ECONOMIC AND TRADE ACTIVITIES
. 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.
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