Problem of Legal Providing of Public and Private Interests Balance in the Investment Relations Field
Journal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 9)Publication Date: 2017-12-26
Authors : Boychuk R. P.;
Page : 14-22
Keywords : investments; investment relations; balance of private and public interests in the field of investment relations; state regulation of investment activity; investment activity; efficiency of investments.;
Abstract
Problem setting. Ensuring an optimal balance of public and private interests in investment relationships is a prerequisite for creating a favorable investment climate, boosting the investment market, and wide attracting of national and foreign investment. The most important part of the balance of public and private interests in investment legal relations is legislative regulation that develops and protects investment relations, including the legal mechanism of state guarantees and protection of investments, legal rights and interests of participants of investment activity. Analysis of recent research and publications. 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 have been made by such leading scientists as: Yu.E. Atamanova, D. V. Zadhaylo, V. K. Mamutov, O. P. Podtserkovny, V. A. Ustimenko, V. S. Shcherbyna, O. M. Vinnik and others. Article's main body. The problem of legal regulation of the balance of private and public interests in the field of investment relations has been investigated. The interaction of the state and economic entities in the field of investment activity consists in the integrated application of legal, administrative, economic and propaganda methods to create conditions for the effective activity of the latter and to achieve the optimal level of economic and social development of society. The complex of these methods should be considered as a single economic and legal mechanism of state regulation of investment activity in order to ensure the balance of private and public in this area. Conclusions and prospects for the development. Being constantly dependent on the efficiency of enterprises, the state, in turn, affects the economic processes that take place on them by adopting laws that activate or slow down investment activity, using mechanisms and means of management, regulation and stimulation. The influence of the state should be made on the basis of the allocation of four blocks of state regulatory influence on the efficiency of economic activity of enterprises. Firstly, ensuring the creation of the required volume of product demanded by society; second, the reproduction of the money spent on creating a product; thirdly, the development of a newly created value – profit, part of which, through the system of tax deductions, should be directed to the state budget used for life support of the country; fourthly – ensuring the expanded reproduction and successful implementation of social programs.
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