乌克兰国家支持乌克兰农业法》通过二十周年:未来会怎样?

K. Hryhorieva
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摘要

文章分析了乌克兰《国家支持乌克兰农业》特别法存在的二十年历史。该法于 2004 年通过,是当务之急--它成为一项重要的立法,实际上为农业保护法的进一步质的发展奠定了基础。该法颁布二十年来,需要对其演变过程和存在的问题进行分析,确定发展趋势和对社会关系的实际影响。这种基本分析将有助于回答以下主要问题:考虑到战争和战后的挑战,该法是否能够在当今复杂的条件下有效调节农业保护关系。乌克兰国家农业支持法》转变的三个阶段是研究的基础:主要模式批准阶段(2004-2008 年);反危机现代化阶段(2009-2019 年);强制现代化阶段(2020 年至今)。总之,在分析了乌克兰《国家支持乌克兰农业法》二十年的发展历程后,我们可以得出这样的结论:该法并没有完成赋予它的重要社会任务。该法在最初的版本中概念性最强,而在今天概念性最弱。在其存在的整个期间,其规范的很大一部分仍然是宣示性的,这在总体上对农业保护关系的调节产生了极为不利的影响:宣示性的、不起作用的规范造成了当前国家农业支持系统的扭曲形象。现行的农业保护法没有规定任何 "支柱",即关键的法律支持机制--相反,该法现在包含了一 个分散的单个机制清单,其规定的详细程度或多或少。即使是战争状态和 2022-2024 年期间对农业生产者的特别支持需求也没有促使立法者对现行农业保护立法进行概念性改革,但实施该立法的迫切需要已是显而易见的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The twentieth anniversary of the Law of Ukraine "On state support of the agriculture of Ukraine": is there a future?
The article analyzes the twenty-year history of the existence of the special Law of Ukraine "On State Support of Agriculture of Ukraine". Adopted in 2004, this Law was the need of the hour - it became a key legislative act, which actually laid the foundation for the further qualitative development of agro-protection law. The twenty-year existence of this Law requires an analysis of its evolution and problematic issues, determination of development trends and real impact on social relations. Such a fundamental analysis will make it possible to answer the main question: is this Law able to effectively regulate agro-protection relations in today's complex conditions, taking into account the war and post-war challenges. The conducted research was structured according to three stages of the transformation of the Law of Ukraine "On State Support of Agriculture of Ukraine”: the stage of approbation of the primary model (2004-2008); the stage of anti-crisis modernization (2009­2019); stage of forced modernization (2020 - until today). In general, after analyzing the twenty- year history of the evolution of the Law of Ukraine "On State Support of Agriculture of Ukraine”, we can conclude that this Law does not fulfill the socially important tasks assigned to it. It had the most conceptual appearance in its initial edition; the least conceptual - today. A significant part of its norms throughout the period of its existence remained declarative, which in general had an extremely negative impact on the regulation of agricultural protection relations: declarative, non­working norms created a distorted image of the current system of state support for agriculture. The current agricultural protection legislation does not provide for any "pillars”, i.e., key legal support mechanisms - instead, the Law now contains a scattered list of individual mechanisms with a greater or lesser degree of detail in their regulation. Even the state of war and the need for special support of agricultural producers in the period 2022-2024 did not push the lawmaker to conceptual reform of the current agricultural protection legislation, but the urgent need for its implementation is already obvious.
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