ГЕНЕЗА ЛІЦЕНЗУВАННЯ ЯК ОДНОГО ІЗ ОСНОВНИХ ЗАСОБІВ РЕГУЛЮЮЧОГО ВПЛИВУ ДЕРЖАВИ НА ДІЯЛЬНІСТЬ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ В УКРАЇНІ

• Datum: 2024
• 1. Verfasser: Svitlychnyi, Oleh
• Format: Artikel
• Sprache: Ukrainian
• Veröffentlicht: V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine 2024
• Online Zugang: https://economiclaw.kiev.ua/index.php/economiclaw/article/view/1138
• Назва журналу: Economics and Law

The purpose of the article is an analysis of the genesis of licensing as one of the primary means of regulating the state's influence on the activities of economic entities in Ukraine and providing proposals for the development of the most effective legislation that would consider the interests of all participants in licensing processes. The scientific article was repared using a complex of classical methods of scientific knowledge. The historical legal, comparative legal, formal logical, analytical synthetic and other methods were used to achieve the purpose of the article, to identify the features of he genesis of licensing and determine the prospects for its further development as one of the primary means of regulating the state's influence on the activities of economic entities in Ukraine. In this article, using well-known methods of cognition, licensing is considered not as an administrative procedure but as one of the primary means of the state’s regulatory influence on the activities of economic entities. Analysis of the genesis of licensing made it possible to identify and characterize three stages of its legitimation on the territory of Ukraine in its latest development: the stage of legitimation in special acts of the USSR, Ukrainian SSR, and Ukraine in the absence of a specific law at the turn of the 1980s–1990s; the stage of legitimation through the adoption of a special Law of Ukraine “On Licensing of Certain Types of Economic Activities” dated June 1, 2000; the stage of legitimation since the adoption of the modern version on March 2, 2015, and the change of the name of the Law of Ukraine “On Licensing Types of Economic Activities”. After the end of the Russian-Ukrainian war, it is proposed to extend licensing to types of economic activities that pose an increased threat to society and/or the economy and have a level of profitability or profitability significantly higher than the average in industries and areas of the economy. To level out the negative features of licensing as an administrative procedure, in particular, the subjectivity of officials, manifestations of corruption, extortion of undue benefits, manifestations of unfair competition, etc., it was proposed to standardize: - more efficient recruitment of personnel to licensing authorities; — increased administrative and criminal liability for officials who violate the law; - transfer of individual decisions on licensing issues to artificial intelligence.