Complexity of the Legal Policy of Business Protection: Certain Aspects of Judicial Practice

Abstract. The author of the article carried out a comprehensive understanding of the legal policy in the field of business protection as a key task of the development of statehood in the conditions of war, crisis factors, economic shocks, environmental challenges, administrative barriers and corruption risks. Fragmentation of legal, social and economic approaches cause additional problems and gaps in the field of business protection. It was established that the interaction between the state and business largely depends on fiscal policy, in particular tax regulation, subsidies, grants and tax benefits. Clear, predictable and fair taxation rules are necessary to stimulate economic activity. An inconsistent or excessively burdensome tax system can slow down business development and contribute to its shadowing. It is reasoned that in democratic states market regulation is necessary to prevent monopolization, protect consumer rights and ensure environmental standards. At the same time, excessive regulation can create barriers to the development of entrepreneurship, so the balance between regulations and freedom of entrepreneurial activity is an important constant. It was emphasized that the investment sphere is of significant importance for business development, as it provides the necessary financial resources for expanding production, introducing innovations and modernizing infrastructure. A complex of factors that have the potential to form a paradigm of business protection is proposed: formation of a normative and legal framework for the regulation of entrepreneurial activity; balanced financial policy of the state; guarantees of ensuring legal regulation based on the autonomy of entrepreneurial activity, including the proper functioning of judicial institutions; creation of trusting relations between the state and business. The article summarizes that the problem of business development should be treated comprehensively, with a thorough analysis of foreseeable threats and possible positives. The requested change is an ideological approach to the complexity of legal policy, which takes into account normative, ideological, institutional, economic, law-enforcement criteria and should provide for a long-term vector of the development of statehood. Keywords: business protection; entrepreneurial freedom; tinization; legal policy; investment courts; commercial secrecy.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2024-12-11
DOI
https://doi.org/10.23939/law2024.44.258
Primary Topic
Economic Issues in Ukraine
Type
article
Field-Weighted Citation Impact
0.00
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article

Complexity of the Legal Policy of Business Protection: Certain Aspects of Judicial Practice

Serhiі Stasiuk
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Economic Issues in Ukraine
article

Complexity of the Legal Policy of Business Protection: Certain Aspects of Judicial Practice

Serhiі Stasiuk
article en

Abstract

Abstract. The author of the article carried out a comprehensive understanding of the legal policy in the field of business protection as a key task of the development of statehood in the conditions of war, crisis factors, economic shocks, environmental challenges, administrative barriers and corruption risks. Fragmentation of legal, social and economic approaches cause additional problems and gaps in the field of business protection. It was established that the interaction between the state and business largely depends on fiscal policy, in particular tax regulation, subsidies, grants and tax benefits. Clear, predictable and fair taxation rules are necessary to stimulate economic activity. An inconsistent or excessively burdensome tax system can slow down business development and contribute to its shadowing. It is reasoned that in democratic states market regulation is necessary to prevent monopolization, protect consumer rights and ensure environmental standards. At the same time, excessive regulation can create barriers to the development of entrepreneurship, so the balance between regulations and freedom of entrepreneurial activity is an important constant. It was emphasized that the investment sphere is of significant importance for business development, as it provides the necessary financial resources for expanding production, introducing innovations and modernizing infrastructure. A complex of factors that have the potential to form a paradigm of business protection is proposed: formation of a normative and legal framework for the regulation of entrepreneurial activity; balanced financial policy of the state; guarantees of ensuring legal regulation based on the autonomy of entrepreneurial activity, including the proper functioning of judicial institutions; creation of trusting relations between the state and business. The article summarizes that the problem of business development should be treated comprehensively, with a thorough analysis of foreseeable threats and possible positives. The requested change is an ideological approach to the complexity of legal policy, which takes into account normative, ideological, institutional, economic, law-enforcement criteria and should provide for a long-term vector of the development of statehood. Keywords: business protection; entrepreneurial freedom; tinization; legal policy; investment courts; commercial secrecy.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 11(44)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Economic Issues in Ukraine
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