Адміністративні інструменти та методи захисту інвестицій в Україні

English

administrative tools and methods of investment protection in ukraine

Abstract. Summary. Introduction. The article analyzes the set of administrative procedures for the protection of investments in Ukraine, which perform various functions: regulatory, protective, permitting, arbitration, stabilization, consultation, informational, stimulating and control. The purpose of the study. Conducting a theoretical substantiation of the administrative procedures for investment protection in Ukraine and determining the priority areas of reforms to improve the investment climate. Materials and method. The basis for the research was the legislative acts of Ukraine, including the Law of Ukraine "On Administrative Procedure", "On State Support of Investment Projects with Significant Investments in Ukraine", "On Investment Activity", "On the Foreign Investment Regime" and "On Protection of foreign investments in Ukraine". Methods of system analysis, comparative legal method, method of generalization and structural analysis were used to assess the effectiveness of administrative procedures and legal norms regulating investment protection. Results. The article reveals the functions of administrative procedures for investment protection, which include regulatory, protective, permitting, arbitration, stabilization, consultation, information, incentive and control mechanisms. The key areas of legal protection of investors have been identified, such as guarantees of stability of investment activity conditions, legal security against illegal actions of state bodies, provision of compensation for losses and protection against expropriation. Recommendations on adapting Ukrainian legislation to international standards and measures to create a favorable investment climate are proposed, including the provision of guarantees of property rights, arbitration and dispute resolution, tax benefits. Special attention is paid to imperative norms that establish mandatory rules for the provision of state guarantees for the protection of interests. investors. Prospects for further research. Further research can be aimed at a detailed study of the effectiveness of the implemented administrative procedures, their impact on investment attraction, as well as the development of new investor protection mechanisms taking into account changes in the international legal field and the economic situation in Ukraine.

Keywords: administrative tools and methods; procedures; investment protection; Ukrainian legislation; state guarantees; legal security; mandatory norms