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Business and the State: Legal Basis of Interaction

Вибіркова дисципліна для ОП

First

2023/2024

6 Semester

3

Achievement of such competencies, skills and abilities as the ability to analyse the rules of the Economic Code of Ukraine and other regulations governing the legal basis of interaction between business and the state; to acquire new knowledge on the implementation of state regulation and supervision (control) in the field of business, to determine the role of the state in the creation and termination of business entities, as well as in monitoring compliance of a business entity with economic conditions under which it has the right to conduct business ; to deepen the acquired knowledge by elaborating sources of special literature on relevant topics of the course, to use legal information and analytical resources of the Internet; work with ProZorro site, analyse the case law on dispute resolution with the participation of entities that carry out state regulation in the field of business.

Full-time form

Master theoretical and practical knowledge of current issues of business and government, be able to analyse case law in the areas where there is state regulation of legal relations, summarize the case law of state agencies regarding creation and termination of various organizational and legal forms of business entities, draw up a structured and well-grounded draft court decision on a specific dispute with the participation of the above entities in a clear, concise and simple language. Make problem cases on the basis of real court cases.

The discipline introduces students to the basic principles and models of business-state interaction, main problems that arise in the process of such interaction, the specifics of the interaction between the state and business through the mechanism of public-private partnership; the practice of antitrust regulation in Ukraine; it is aimed at clarifying the adaptive mechanisms of state and business conduct in cyclical development; determining the institutional principles of the investment climate in Ukraine, clarification of the specifics of state property management, analysis of the essence of public procurement procedure; determining the legal basis for the implementation of state regulation and supervision (control) in the field of business.

Doroshenko L.M. Business and the State: the Legal Basis of Interaction. Course Syllabus. - Taras Shevchenko National University of Kyiv, 2021. Problems of Legal Regulation of Contractual Relations of Business Entities: monograph / V.M. Adam et al .; ed. M.S. Dolynska. Lviv: Galician Publishing Union LLC, 2019. - 247 p. Shcherbyna V.S. Subjects of Economic Law: Monograph // V.S. Shcherbyna. Kyiv: Jurinkom Inter, 2008. - 264 p. Legal Regulation of Entrepreneurial Activity in the Post-Soviet Period: collection of scientific art. / ed. N.S. Kuznetsova and M.K. Suleimenov. - Kharkiv: Pravo, 2018. - 864 p. Means and Mechanisms of Economic and Legal Regulation: a collective monograph / ed. D. V. Zadykhailo. H.: Jurayt, 2013. - 416 p. Vikhrov O.P. Legal Regulation of Economic Relations in Certain Areas and Sectors of Economy: a textbook. Kyiv: Yurinkom Inter, 2017. - 448 p.

Meetings with practitioners on topical issues of the course, guest lectures on the subject, organization of binary classes on the topic of the discipline. Teaching methods: conversation, explanation, scientific discussion on problematic issues of the course; problem-based teaching of individual issues of the course, work in small groups, use of visual material in the form of presentations; practical methods: coordination of students’ actions in solving cases based on the materials of real court cases, management of simulation procedures involving advising and drafting procedural documents by students.

Types of formative assessment are chosen by the teacher who conducts practical lessons in compliance with the course syllabus. The teacher who conducts seminars processes students’ points scored during coursework and enters them in the student performance evaluation documents. If a student is absent from a seminar for a good reason, he / she may complete the missed lesson in extracurricular time within the module when this lesson was missed, during the teacher's consultation. The procedure is carried out by means of oral examination or another type of task set by the teacher. Points for missed classes are not awarded.

Ukrainian