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Legal regulation of economic activity during the period of armed aggression against Ukraine

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Category: Content №1 2023

Last Updated on 25 February 2023

Published on 30 November -0001

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Authors:

N.A.Makarenko, orcid.org/0000-0001-7772-0047, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine

O.Yu.Makarenko*, orcid.org/0000-0002-3020-0658, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

A.A.Poltavets, orcid.org/0000-0001-9011-8480, Subsidiary Drilling Department “Ukrburgaz” of the Joint Stock Company “Ukrgasvydobuvannya”, Krasnohrad, Kharkiv Region, Ukraine

A.O.Shapar, orcid.org/0000-0001-5327-701X, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine

V.A.Doroshenko, orcid.org/0000-0002-8074-0820, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine

* Corresponding author e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

повний текст / full article

Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2023, (1): 187 - 192

https://doi.org/10.33271/nvngu/2023-1/187

Abstract:

Purpose. Conducting a study on problematic issues of legal regulation of economic activity during the period of armed aggression of the Russian Federation against Ukraine, including relations with enterprises of the mining and metallurgical sector. This will be relevant for legal advisers at enterprises, legal practitioners, legislators, owners of these enterprises and their employees as well as representatives of executive authorities, whose powers include the elimination of gaps in legislation, with the provision of practical recommendations for improving the norms of the current legislation to regulate relevant relations and minimize possible cases of manipulation of the current legislation.

Methodology. General scientific methods for researching processes and phenomena were used, namely: methods of analysis and synthesis to create a methodological apparatus for studying the consequences of the influence of “force majeure circumstances” on the activities of enterprises. Special research methods were also used, namely: grouping and systematization of theoretical material on the research topic, and logical generalization of the main characteristics.

Findings. The presented scientific study analyzes problematic issues of legal regulation of relations with enterprises of the mining and metallurgical sector, including the aspect of reference by enterprises to “force majeure” as a reason for not fulfilling their duties. The practice of manipulation by counterparties of their rights and the imposed martial law is analyzed, and proposals for changes to the current legislation are provided, the purpose of which is to simplify the procedure for protecting enterprises that are forced to go to court to recover obligations from the other party under the contract.

Originality. The article analyzes new aspects of the problems of a legal settlement of relations between legal entities (companies of counteragents) and enterprises of the mining and metallurgical sector, due to the armed aggression of the Russian Federation against Ukraine, using the example of counterparties’ use of the possibility of evading the fulfillment of their obligations under the agreement (contract), substantiated proposals aimed at improving the norms of the current economic procedural legislation.

Practical value. The results of the study are important for legal advisers, practicing lawyers and lawyers, managers and accountants of enterprises in the case of the need to prove the existence of specific circumstances in the counterparty’s activities (destruction or damage to the material and technical base, lack of employees, other factors). The significance for legislators and executive authorities is that they can directly improve the legal framework.

Keywords: mining and metallurgical complex, enterprise, counterparty, force majeure, legal regulation, law

References.

1. Constitution of Ukraine (n.d.). Retrieved from https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text.

2. Decree of the President of Ukraine No 64 dated 2022 “On the introduction of martial law in Ukraine” (2022). Retrieved from https://www.president.gov.ua/documents/642022-41397.

3. Suprun, A. (2020). Risks in the activities of enterprises: types, methods, assessment, financing. Money, Finance and Credit, 95-102.

4. Law of Ukraine “On Approval of the Decree of the President of Ukraine “On the Introduction of Martial Law in Ukraine” (2022). Retrieved from https://zakon.rada.gov.ua/laws/show/2102-20#Text.

5. Law of Ukraine “On Chambers of Commerce and Industry in Ukraine” (2020). Retrieved from https://zakon.rada.gov.ua/laws/show/671/97-вр#Text.

6. Regulations on the certification of force majeure (force majeure circumstances) by the Chamber of Commerce and Industry of Ukraine and regional chambers of commerce and industry: Decision of the Presidium of the Chamber of Commerce and Industry of Ukraine dated 15.07.2014 No. 40(3) (2018). Retrieved from https://zakon.rada.gov.ua/rada/show/v0044571-14#Text.

7. Commercial Code of Ukraine: Law of Ukraine dated 16.01.2003 No. 436-IV. Retrieved from https://zakon.rada.gov.ua/laws/show/436-15#Text.

8. Letter of the Ministry of Justice of Ukraine dated 30.05.2014 No. 6602-26-14/8.1 (n.d.). Retrieved from https://zakon.rada.gov.ua/laws/show/v6602323-14#Text.

9. On the work of the banking system during martial law (2022). Retrieved from https://zakon.rada.gov.ua/laws/show/v0018500-22#Text.

10. On the National Bank of Ukraine (n.d.). Retrieved from https://zakon.rada.gov.ua/laws/show/679-14#Text.

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