Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.40 N° 72
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Vol. 40, Nº 72 (2022), 498-508
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Administrative and legal principles for
the application of State policy in the eld
of economic security
DOI: https://doi.org/10.46398/cuestpol.4072.28
Mykhailo Tsymbaliuk *
Olha Tylchyk **
Yevhenii
Hutnyk ***
Ulyana Parpan ****
Olena Lomakina *****
Nazarii Sumalo *****
Abstract
The objective of the research was to determine the scope
and meaning of “administrative and legal regulation” and its
components. The main purpose of the administrative and legal
regulation of the economic security of the state is to ensure the
implementation and protection of the economic rights, freedoms,
and legitimate interests of natural and legal persons. The methodology
was based on the analysis of documentary materials for the regulation
of the economic security of the state. They emphasize in the conclusions
that, in its essence, the administrative and legal regulation of economic
security must be considered in two aspects: 1) as a set of rules that regulate
public and administrative relations in the eld of economic security; 2)
as a systemic organizing inuence of state bodies specially authorized in
economic and social relations through norms “objective and subjective”
and other legal means, mainly of an administrative nature, for the purpose
* Doctor of Law, Professor, People's Deputy of Ukraine, First Deputy Head of the Committee on Social
Policy and Protection of Veterans' Rights of Verkhovna Rada of Ukraine, 5 Mykhailo Hrushevskyi
Street, Kyiv, 01008, Ukraine. ORCID ІD: https://orcid.org/0000-0002-4379-0685
** Professor, Doctor of Science in Law, Department of Administrative Law and Process and Customs
Security, University of State Fiscal Service of Ukraine, Ukraine. ORCID ID: https://orcid.org/0000-
0002-7604-7660
*** Head of section, Kyiv Custom, The state customs service of Ukraine, State Tax University, 31 University
Street, Irpin, 08201, Ukraine. ORCID ID: https://orcid.org/0000-0002-8507-3377
**** Doctor of Law, Professor, Professor of the Department of Administrative and Informational Law of
the Educational-Scientic Institute of Jurisprudence, Psychology and Innovative Education, Lviv
Polytechnic National University, 1/3 Kniazia Romana Street, Lviv, 79005, Ukraine. ORCID ID: https://
orcid.org/0000-0003-1424-050X
***** Candidate of Law, Associate Professor, Head of the Department of Administrative and Constitutional
Law, Faculty of Maritime Law, Admiral Makarov National University of Shipbuilding, 9 Heroiv Ukrainy
Ave., Mykolaiv, 54025, Ukraine. ORCID ID: https://orcid.org/0000-0003-4397-5978
****** Postgraduate student at Scientic Institute of Public Law, Deputy of the Lviv Regional Council, 18
Vynnychenko Street, Lviv, 79008, Ukraine. ORCID ІD: https://orcid.org/0000-0003-1501-8484
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of their protection, improvement and creation of the appropriate conditions
for further development in the context of ensuring national security.
Keywords: national security; economic security; legal regulation;
economic rights; social welfare.
Principios administrativos y legales de aplicación de la
política estatal en el ámbito de la seguridad económica
Resumen
El objetivo de la investigación fue determinar el alcance y signicado
de la “regulación administrativa y legal” y sus componentes. El propósito
principal de la regulación administrativa y legal de la seguridad económica
del estado es garantizar la implementación y protección de los derechos
económicos, las libertades y los intereses legítimos de las personas
naturales y jurídicas. En la metodología se trabajó con base al análisis de
materiales documentales para la regulación de la seguridad económica
del estado. Destacan en las conclusiones que, en su esencia, la regulación
administrativa y legal de la seguridad económica debe ser considerada en
dos aspectos: 1) como un conjunto de normas que regulan las relaciones
públicas y administrativas en el ámbito de la seguridad económica; 2)
como una inuencia organizadora sistémica de los órganos estatales
especialmente autorizados en las relaciones económicas y sociales a través
de normas “objetivas y subjetivas” y otros medios legales, principalmente
de carácter administrativo, con el propósito de su protección, mejora y
creación de las condiciones adecuadas para un mayor desarrollo en el
contexto de garantizar la seguridad nacional.
Palabras clave: seguridad nacional; seguridad económica; regulación
legal; derechos económicos; bienestar social.
Introduction
Importance of economic security of the state for its development and
existence in the modern world is dicult to be overestimated. A sustainable
economy (able to meet the needs of the population and create conditions for
realization of basic human rights and freedoms enshrined in the Constitution
of Ukraine) is a kind of an “engine” of development in any country, which
increases its international and regional prestige and guarantees protection
from internal threats of socio-political, economic, and military nature.
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Administrative and legal principles for the application of State policy in the eld of economic security
At the same time, it should be noted that economic relations, being the
basis of economic security, require proper regulation, as well as clear and
coordinated activities of authorized public authorities, which can improve
and develop such public relations by means of exercising their powers.
The above-mentioned activity of the authorized state authorities
responsible for formation and realization of state policy in the sphere of
economy mostly lies in the administrative and legal sphere, as it is closely
related to public administration and implementation of governmental and
administrative powers aimed at stability and predictability of economic
relations. Despite existence of objective economic laws, the state is that
very institution responsible for the proper regulation of social relations
in the economic sphere, their monitoring and adjustment, which leads to
the application of certain legal norms, forms and methods of management
which have administrative and legal nature. Based on the proposed theses,
we can conclude that the scientic study of the problems of administrative
and legal regulation of economic security of the state becomes relevant and
timely in modern conditions of development of the state and national legal
science.
1. Literature review
The issue of administrative and legal regulation cannot be considered
completely without detailed analysis of contents of such general category
as “legal regulation” and its components. In this regard, it should be noted
that this term has been the subject of research by many scholars in various
elds of law: theories of state and law, constitutional law, administrative
and civil law, etc. In the most general form, legal regulation can be dened
as regulation of social relations through the rules of law and other legal
means (Cherdantsev, 1993); impact of law on public relations through
legal means: norms of law, legal relations, acts of low realization (Bobylev,
2002). According to A.T. Komzyuk, legal regulation is a specic inuence
exerted by law as a special normative institutional regulator. At the same
time, legal regulation has a purposeful, organizational, eective nature
and it is carried out with the help of an integral system of tools that really
express the very matter of law as a normative institution of formation - the
regulator (Komzyuk, 2002).
I.M. Shopina studied the concept of legal regulation from several
positions, and namely: in the instrumental aspect, legal regulation is a part
(element) of the state’s legal inuence on public relations through specic
legal means (norms of law, legal relations, acts of law enforcement) in
order to streamline, consolidate, protect and develop public relations; in
the activity-oriented (pragmatic) aspect, legal regulation is the activity of
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the state, its bodies (authorities) and ocials, as well as authorized public
organizations aimed at establishing binding legal norms (rules) of conduct
for subjects of the right, implementing these norms in specic relations and
applying state coercion to oenders in order to achieve a stable law and
order in the society (Shopina, 2011).
V.I. Teremetsky performed his research in the context of the activity-
based (pragmatic) approach. In his opinion, legal regulation covers 1) specic
activities of the state (its rule-making bodies), related to development
of legal guidelines and determination of legal means for ensuring their
eectiveness; 2) activities of direct participants in public relations, aimed
at nding and attracting means of legal regulation to coordinate their
behavior with the law (its principles, ideas, purposes) (Teremetsky, 2012).
R.Y. Demkiv, like previous scholars, emphasizes that legal regulation as a
legal phenomenon (normative-legal regulation) is a system of actions and
operations carried out by public authorities in established procedural forms
with the help of certain methods and legal means aimed at establishing and
implementing certain models of social development (Demkiv, 2015).
Approaches to the components of legal regulation also vary in scientic
works. There are two main approaches: the broad one and the narrow
one. According to the rst approach legal regulation includes all forms of
state inuence on the behavior of public relations (law, acts of law, legal
agreements, ensuring implementation of law, including by means coercion,
legitimacy, and order). In turn, the narrow approach says that legal
regulation cannot be understood as all forms and means used by the state
for regulation of public relations (Demkiv, 2015).
At the same time, it should be noted that today the problem of
administrative and legal regulation of state economic security is beyond the
scope of systematic scientic study, and therefore there is a need to update
this issue and its coverage in the specialized literature.
2. Materials and methods
Research of materials and methods based on the analysis of documentary
sources and normative legal acts of the economic security of the state. The
dialectical method of cognition of the facts of social reality is the foundation
where formal-legal and, rather, legal approaches are based in many
respects. The formal-dogmatic method contributed to development of the
author’s explanation of the current state, problems, and practical role of
legal technologies for further development and improvement of economic
security of the state. The ocially legal method gave an opportunity to
suggest directions and types of using legal technologies as prospects of
economic security of the state.
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3. Results and discussion
O.I. Bezpalova, notes that two separate components can be separated in
the mechanism of legal regulation of police authorities. They are the static
component and the dynamic component. The static component includes
legal norms that regulate the specics of police management. Other elements
of the legal mechanism of police management (institutional component,
principles, forms and methods, legal relations, and resource component)
are a dynamic component. Legal support (i.e., the static component) is an
integral part of the police management mechanism (Bezpalova, 2017).
Based on the above-mentioned positions, we will try to dene the
specics of the term “administrative and legal regulation”. There is no
doubt that this concept is related to the sphere of social relations, which
are included in the subject of administrative law. If we analyze the scientic
position of such well-known scientists-administrators, as R.S. Melnyk,
we can conclude that since administrative law regulates public relations
that arise in connection with the public administration’s assuring human
and civil rights and freedoms, it is characterized by certain limits of legal
regulation - the sphere of activity of executive and administrative bodies
and public relations of managerial nature, which are formed in this sphere
(Melnyk, 2014).
Therefore, if we talk about the sphere of economic security and
economic relations that form its basis, it should be noted in advance that
it is economic relations of an administrative nature should belong to the
object of administrative and legal regulation. The comparative analysis of
scientic works on the problems of administrative and legal regulation of
various spheres of social and political life shows the following results:
• In the sphere of environmental security of the state the object of
administrative and legal regulation is presented as public relations
in the form of behavior and actions of people which take place in
connection with the fact that public authorities, primarily public
administration, provide environmental rights and freedoms of
humans and citizens as well as interests of the society and the state
in this area (Yemets, 2019).
• Administrative and legal regulation of the judicial branch of power
i presented as purposeful inuence of the norms of constitutional
and administrative law on public relations in this sphere.
• Electoral relations, as an object of administrative and legal
regulation, characterize a special type of social relations that are
regulated by the purposeful inuence of administrative and legal
norms (Oliynyk, 2017).
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• Oil and gas complex as an object of administrative and legal
regulation is a system of public relations in this area, regulated by
the rules of administrative law.
• Administrative and legal regulation of land relations is aimed at
ensuring implementation and protection of rights, freedoms and
legitimate interests of the state, individuals, and legal entities
regarding the possibility of possession, use and disposal of land
(Leheza ect., 2018).
Based on the above legal positions, we can conclude that the
administrative and legal regulation of economic security can be formulated
as a complex concept that includes two components:
• A set of administrative and legal norms governing administrative
social relations which are formed concerning production,
distribution, exchange and consumption of material goods and
services, ensuring security and stability of economic system to
external and internal threats and which guarantee protection of
national economic interests socio-economic rights and freedoms of
citizens, as well as create conditions for further development and
growth of the national economy and ensure competitiveness of the
state in the global economic environment;
• A systemic organizing inuence of specially authorized state bodies
on economic and social relations through administrative and legal
norms and other legal means, primarily of an administrative nature,
with the purpose of their protection, improvement, and creation of
appropriate conditions for further development in the context of
ensuring national security of Ukraine (Leheza et al., 2021).
The denition we have formulated makes it possible to condently declare
that Ukraine’s economic security is a full-valued object of administrative
and legal regulation on the following grounds:
1. Social relations formed in the sphere of economy are the subject of
practical activity of the executive bodies authorized for realization of
tasks and functions of the state in various spheres of public life, in
the sphere of national security.
2. A specially authorized body of the state, which has an object
competence and a territorial competence dened by the law, is one
of the parties of public relations in the sphere of economic security
as an object of administrative and legal regulation. As stated in the
normative acts of our country, the main components of economic
security include nancial security, macroeconomic security,
industrial security, energy security, foreign economic security,
investment, and innovative security. The components of nancial
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security include: banking security, security of the non-banking
nancial sector, debt security, budget security, currency security,
monetary security (Leheza ect., 2020).
3. A specic feature of public relations in the sphere of economic
security as an object of administrative and legal regulation is that
the above executive authorities and other authorized entities have
the right to demand certain behavior from relevant participants in
certain relations by means of establishing administrative and legal
norms. For example, the Ministry of Energy and Environmental
Protection develops and approves safety regulations for electricity
supply and monitors safety of electricity and natural gas supply,
in particular it monitors balance of demand and supply of natural
gas in Ukraine, sectoral technical regulations and regulatory
characteristics of the technological costs of electric energy.
4. The Ministry of Finance of Ukraine provides scal risk management,
it prepares the Budget Declaration together with the main managers
of the state budget, it develops instructions on preparing proposals
for the Budget Declaration and indicative limits of state budget
expenditures and communicates them to the main managers of
the state budget [20]. The National Security and Defense Council
of Ukraine makes decisions on: determination of strategic national
interests of Ukraine, conceptual approaches and directions of
ensuring national security and defense in the economic sphere; draft
state programs, doctrines, laws of Ukraine, decrees of the President
of Ukraine, international treaties, other regulations and documents
on national security and defense; measures of political, economic,
social and other nature in accordance with the scale of potential and
real threats to the national interests of Ukraine;
5. Relations in the sphere of economic security may arise on the
initiative of the authorized entity, on the initiative of the Cabinet of
Ministers of Ukraine, the central executive body, other authorized
ocials, while the consent of the other party involved is not required
for their occurrence, in contrast to civil law relations.
6. Administrative sanctions (penalties) have been established for
illegal actions in the sphere of economic security. These penalties
are regulated by the Code of Administrative Oenses and other
regulations, which include administrative and economic sanctions
(Leheza et al., 2021).
According to Article 238 of the Commercial Code of Ukraine,
administrative and economic sanctions (i.e., measures of organizational,
legal, or proprietary nature aimed at stopping oenses performed by a
business entity and elimination of their consequences) may be applied to
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business entities for violation of the rules of economic activity established
through legislative acts (Leheza et al., 2021).
The state (public) authorities and local self-government bodies, in
accordance with their powers and in accordance with the procedure
established by the law, may apply to business entities the following
administrative and economic sanctions: withdrawal of prot (income),
administrative and economic ne, collection of fees (mandatory payments),
revocation of license (patent) for performance of certain economic activities,
restriction or suspension of the business entity’s activities, liquidation of
the business entity (Law of Ukraine, 2003).
In addition, in accordance with the provisions of the Budget Code of
Ukraine (Article 117), the following measures of inuence may be applied to
the participants of the budget process for violation of the budget legislation:
• Warning about improper implementation of budget legislation with
the requirement to eliminate violations of budget legislation - such
warnings are used in all cases of violated budget legislation.
• Suspension of operations with budget funds - it is applied for
violation of budget legislation in accordance with the procedure
established by Article 120 of the Budget Code.
• Suspension of budget allocations - it is used for violations of budget
legislation, dened by Article 116 of the Budget Code.
• Reduction of budget allocations - it is applied for violation of
budget legislation, dened by Article 116 of the Budget Code (Law
of Ukraine, 2010).
1. For the violations described above in the economic sphere, the guilty
party is liable to the state and not to the other party, as it is in case
with civil and legal relations;
2. In case of disputes between relevant subjects of economic security
relations these disputes can be resolved both administratively and
in court. According to Article 214 of the Budget Code of Ukraine,
the decision to apply a measure of inuence for violation of budget
legislation may be appealed to the issuing authority or in court
within 10 days of its issuance, unless otherwise provided by the law
(Law of Ukraine, 2010).
The Commercial Code of Ukraine states that a business entity has the
right to appeal to a court against a decision of any public authority or any
local government body to impose administrative and economic sanctions
on it. If a public authority or a local government body adopts an act that
does not comply with the law and violates the rights or legitimate interests
of a business entity, the latter has the right to appeal to the court to declare
such an act invalid (Law of Ukraine, 2003).
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Administrative and legal principles for the application of State policy in the eld of economic security
At the same time, according to Article 5 of the Code of Administrative
Proceedings of Ukraine each person has the right to appeal to the
administrative court if he/she considers that a certain decision, action or
inaction of a subject of power has violated its rights, freedoms or legitimate
interests and he/she has the right to ask for protection of his/her rights by
means of: recognition of the respective normative legal act or its separate
provisions illegal and invalid; recognition of the respective act or its separate
provisions unlawful and their cancellation; recognition of the respective
actions performed by the subject of power unlawful and the obligation to
refrain from these certain actions; establishing the presence or absence of
competence (authority) of the subject of power (Law of Ukraine, 2005).
Conclusion
The conducted research gives an opportunity to formulate the following
conclusions and generalizations:
1. Economic security is an integral part of national security of Ukraine,
which presents a status of social relations formed concerning
production, distribution, exchange and consumption of material
goods and services, which characterizes their protectability (security)
and resistance to external and internal threats, guarantees protection
of national economic interests, promotes implementation of social
and economic rights and freedoms of citizens, and in addition to
that it creates conditions for further development and growth of the
national economy and ensures competitiveness of the state in the
world economic environment.
2. Economic security of the state as an object of administrative
and legal regulation is a set of relations in the sphere of public
administration concerning production, distribution, exchange and
consumption of material goods and services; stable and protected
status of these relations guarantees protection of national economic
interests, promotes social-economic rights and freedoms of citizens
and also it creates conditions for further development and growth
of the national economy and ensures competitiveness of the state in
the world economic environment.
3. In its essence, the administrative and legal regulation of economic
security should be considered in two aspects: 1) as a set of
administrative and legal norms regulating administrative public
relations in the sphere of economic security; 2) as a systemic
organizing inuence of specially authorized state bodies on
economic and social relations through administrative and legal
norms and other legal means, primarily of an administrative nature,
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with the purpose of their protection, improvement and creation of
appropriate conditions for further development in the context of
ensuring national security of Ukraine.
4. The main purpose of administrative and legal regulation of economic
security of the state is to ensure implementation and protection of
economic rights, freedoms and legitimate interests of individuals
and legal entities.
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Esta revista fue editada en formato digital y publicada
en enero de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 72
