FEATURES OF APPLYING LEGAL REGIME STIMULATING ECONOMIC ACTIVITIES

Abstract

Abstract. It is argued that regardless of their position in the legal hierarchy and affiliation with a particular branch of law and legislation, a legal instrument of a stimulating nature, which may affect the revenue and/ or expenditure sections of the State and/or local budgets of Ukraine, is subject to assessment through the system of criteria for state aid to economic entities. It is argued that the current legislation of Ukraine does not establish a universal mechanism for the application of legal instruments of a stimulating nature, which is due to their characteristics allowing for the classification of respective instruments into vertical and horizontal ones. Therefore, it is proposed to distinguish the main stages of implementing the mechanism of applying the legal regime stimulating economic activities, which will be more typical in the case of state measures to implement horizontal legal instruments, owing to a higher frequency of certain procedures. Considering the priority during the post-war period of implementing investment projects aimed at restoring the economic potential of the territories of Ukraine affected by the destructive impact of military actions, some aspects of applying legal instruments to stimulate regional development are highlighted. Based on the comparative analysis of national legislation and EU law, a conclusion is drawn regarding the existence of certain collisions resulting from incomplete consideration of EU law norms and proposals for their elimination. It is argued that given the specifics of providing regional state aid in EU legal practice, the classification of territories for the purposes of planning their recovery and stimulation of their development into four functional types, as proposed by the Law of Ukraine “On the Principles of State Regional Policy”, is unlikely to create legal grounds for providing regional state aid and will affect its amount. Therefore, the rationale for bringing the Law of Ukraine “On the Principles of State Regional Policy” into line with the approaches laid down in the Guidelines No. 2021/C 153/01 is substantiated.