PROBLEMS OF LEGAL PROTECTION OF INVESTMENT SECURITY OF UKRAINE
Journal Title: Право та інновації - Year 2017, Vol 4, Issue 20
Abstract
Problem setting. For more than two decades, Ukraine has accumulated experience in investment activity, its legal regulation; pursued an active policy to create an effective domestic investment market, to attract the foreign capital to the country, but to this day it was unable to develop effective, adequate mechanisms of detection, monitoring and prevention of risks in the investment field at the state, regional and individual levels. Analysis of recent researches and publications. Such leading scientists as: D.V. Zadhaylo, V.K. Mamutov, O.P. Podtserkovny, S. V. Hlibko, V. Ustimenko, V. S. Shcherbyna, A. M. Vinnik, M. P. Lukinskaya and many others made a significant contribution to the formation of theoretical-methodological and practical aspects of investment support of socio-economic development of the country on the basis of state regulation of investment activity. Target of research. The purpose of this article is to analyze the sources of legal regulation of ensuring the investment security of Ukraine and the problems of legislative formation of mechanisms for detection, monitoring and counteraction to threats in the investment field. Article’s main body. The article analyzes the legislative approaches to the definition of “investment” and its main features. The concept of investment security is revealed, the main factors influencing it have been given also. The article analyzes the state of Ukraine’s legislation regarding the consolidation of the legal mechanism of counteraction to the threats to the investment security of the state, as well as gives recommendations on the directions of the formation of legislation in this area. Conclusions and prospects for the development. From the standpoint of the structure of the legal mechanism of investment security provision, it is necessary to include three interconnected components: the formation of an investment asset, investment and the implementation of an investment project. It is substantiated that each component of the mechanism for providing investment security must comply with the relevant legal regime, conditioned by the forms of ownership of investments and objects of investment activity, the type of resources and the legal regime of its use, with a harmonious combination of public and private interests.
Authors and Affiliations
R. P. Boychuk
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