SOME ISSUES OF IMPROVEMENT OF THE LEGISLATIVE REGULATION OF LICENSING OF ECONOMIC ACTIVITY AS A MEANS OF ENSURING THE EFFECTIVE USE OF PUBLIC FUNDS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
The article deals with the improvement of the legislative regulation of licensing of economic activity as a means of ensuring the effective use of public funds. The analysis of economic legislation in the field of regulation of licensing of economic activity, revealed its main disadvantages; licensed conditions for conducting various types of economic activity are described. On the basis of the analysis, the importance of the licensing of economic activities for ensuring the effective use of public funds is determined. In particular, licensing is, above all, a means of ensuring the protection of the public interest, guaranteeing the safety and quality of certain types of products, works and services produced (provided) by economic entities. The mechanism of influence of this means on ensuring the effective use of public funds is that the state takes measures of a regulatory, administrative, control and other nature to ensure compliance of economic entities that carry out certain specified types of economic activity, licensing conditions, spending corresponding resources thereon. In this case, the fee, which is charged from the business entities for the issuance of a license, is credited to the state or local budgets in the manner specified in Art. 14 of the Law of Ukraine «On Licensing Types of Economic Activities». In addition, the state also allocates budget funding and provides other resources to those economic entities that have passed the so-called “competitive selection” by the licensing procedure, have confirmed their compliance with licensing conditions, and, in fact, it also reveals the essence of licensing as a legal remedy ensuring the effective use of public funds. To improve the legal regulation of licensing it is necessary: firstly, to develop (update) and approve licensing conditions for all types of economic activity, which are subject to licensing in accordance with the law; and secondly, to adopt a methodology for identifying those types of economic activities that must necessarily be attributed to the licensed ones. When developing such a method, it is expedient to use the experience of Germany and some other European countries as an example. In particular, the German Law on Industrial Activities stipulates that the business activity is subject to licensing if at least one of the following conditions exists: firstly, in the production of equipment, which requires special systematic control, as such equipment may be dangerous, as for working at this enterprise, and for third parties; and secondly, the conduct of activities is conditioned by the presence of a specialist in an entrepreneur (for example, security activities, gambling business).
Authors and Affiliations
Я. В. , Петруненко
Keywords
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