Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity
The article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the categ...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2020-12-01
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| Series: | Вісник Харківського національного університету внутрішніх справ |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/349 |
| _version_ | 1811268186013696000 |
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| author | M. V. Starynskyi |
| author_facet | M. V. Starynskyi |
| author_sort | M. V. Starynskyi |
| collection | DOAJ |
| description | The article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the category of “administrative restrictions” in modern legal science is mainly used to denote the result of relations related to the offense. It has been concluded that such an approach is controversial, and the approach when administrative restrictions are studied through the category of “coordination” is more appropriate. State-authorized agencies in order to ensure the public interest use a large number of administrative restrictions in the field of economic activity, which are formulated as individual (subjective) measures of administrative and legal nature defined by regulatory acts and aimed at coordinating the behavior and actions of the addressee in the sphere of economic activity within the appropriate limits that are introduced in order to ensure the public interest. In the course of the research the author has distinguished the features of administrative restrictions used in the legal regulation of economic activity, which include the following: 1) they are objectified in the legal norms contained in the normative legal acts regulating economic activity and having a restrictive nature; 2) they coordinate the activity of economic entities, defining the boundaries, the degree of freedom of choice of their actions; 3) the subject of application is a state-authorized agency in the field of regulation of economic activity, and the addressee is an individual or a legal entity – business entities; 4) the purpose of application is to bring the behavior of the subject in accordance with a certain standard of economic activity; 5) they have mandatory nature and are provided by state coercion.
Based on the analysis of the practice of applying administrative restrictions in the field of economic activity, it has been concluded that they can be classified depending on the sphere of economic activity, object of influence, sphere of use, type of normative act containing administrative restrictions and content of administrative restrictions. |
| first_indexed | 2024-04-12T21:17:19Z |
| format | Article |
| id | doaj.art-99a6aa70a1414975b68bfb51cb62b4da |
| institution | Directory Open Access Journal |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| last_indexed | 2024-04-12T21:17:19Z |
| publishDate | 2020-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Вісник Харківського національного університету внутрішніх справ |
| spelling | doaj.art-99a6aa70a1414975b68bfb51cb62b4da2022-12-22T03:16:24ZukrKharkiv National University of Internal AffairsВісник Харківського національного університету внутрішніх справ1999-57172617-278X2020-12-0191419320110.32631/v.2020.4.18349Concept and Types of Administrative Restrictions within Legal Regulation of Economic ActivityM. V. Starynskyi0Educational and Scientific Institute of Law of Sumy State UniversityThe article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the category of “administrative restrictions” in modern legal science is mainly used to denote the result of relations related to the offense. It has been concluded that such an approach is controversial, and the approach when administrative restrictions are studied through the category of “coordination” is more appropriate. State-authorized agencies in order to ensure the public interest use a large number of administrative restrictions in the field of economic activity, which are formulated as individual (subjective) measures of administrative and legal nature defined by regulatory acts and aimed at coordinating the behavior and actions of the addressee in the sphere of economic activity within the appropriate limits that are introduced in order to ensure the public interest. In the course of the research the author has distinguished the features of administrative restrictions used in the legal regulation of economic activity, which include the following: 1) they are objectified in the legal norms contained in the normative legal acts regulating economic activity and having a restrictive nature; 2) they coordinate the activity of economic entities, defining the boundaries, the degree of freedom of choice of their actions; 3) the subject of application is a state-authorized agency in the field of regulation of economic activity, and the addressee is an individual or a legal entity – business entities; 4) the purpose of application is to bring the behavior of the subject in accordance with a certain standard of economic activity; 5) they have mandatory nature and are provided by state coercion. Based on the analysis of the practice of applying administrative restrictions in the field of economic activity, it has been concluded that they can be classified depending on the sphere of economic activity, object of influence, sphere of use, type of normative act containing administrative restrictions and content of administrative restrictions.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/349legal restrictionsadministrative restrictionsadministrative restrictions of economic activityeconomic activitylegal regulation. |
| spellingShingle | M. V. Starynskyi Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity Вісник Харківського національного університету внутрішніх справ legal restrictions administrative restrictions administrative restrictions of economic activity economic activity legal regulation. |
| title | Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity |
| title_full | Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity |
| title_fullStr | Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity |
| title_full_unstemmed | Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity |
| title_short | Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity |
| title_sort | concept and types of administrative restrictions within legal regulation of economic activity |
| topic | legal restrictions administrative restrictions administrative restrictions of economic activity economic activity legal regulation. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/349 |
| work_keys_str_mv | AT mvstarynskyi conceptandtypesofadministrativerestrictionswithinlegalregulationofeconomicactivity |