MEANS OF STATE SUPPORT FOR ECONOMIC ENTITIES

Abstract

The article is devoted to the economic and legal principles of state support for economic entities under martial law, transformational economy and European integration obligations of Ukraine. The emphasis is on the modern understanding of state participation in the economy through the prism of supporting action aimed at ensuring defence capability, economic stability and restoration of production and social infrastructure. The authors analyse the regulatory framework, in particular the provisions of the Constitution of Ukraine, the Economic Code of Ukraine, the laws of Ukraine “On State Assistance to Economic Entities”, “On Development and State Support of Small and Medium-Sized Entrepreneurship”, “On State Support for Investment Projects with Significant Investments”, etc., emphasizing the fragmentation of legal regulation. The concepts of state support and state aid are delimited, and the need to systematize approaches to regulating the forms, methods and means of state participation in the economic sphere is indicated. The positions of Ukrainian jurists on the classification of forms of support and determining the principles of its admissibility are considered. The provisions of the Association Agreement between Ukraine and the EU are also analysed as guidelines for harmonizing legislation in the field of state aid. Attention is drawn to the formation of a new institution under the President of Ukraine, which aims to ensure guarantees of the constitutional right to entrepreneurial activity and to intensify work on the qualitative development and implementation of the investment potential of Ukraine. The article proposes to address the needs of: systematizing legislation regulating state support for business entities on the basis of the Law of Ukraine “On State Aid to Economic Entities”, which was adopted in accordance with the Association Agreement; delimiting state support and the implementation of investment projects with the participation of public entities; normalizing institutional forms of state support, state incentives and guarantees of economic activity.