IMPLEMENTATION OF INSTRUMENTS FOR FORMING AND IMPLEMENTING STATE INDUSTRIAL POLICY IN THE CONDITIONS OF MARTIAL STATE: CERTAIN ECONOMIC AND LEGAL ASPECTS

Abstract

Problem setting. In the conditions of the legal regime of martial law, the development of industry is crucial for the restoration of the national economy of Ukraine. Therefore, the issues of proper formation and implementation of the state industrial policy are currently gaining particular relevance. However, the absence of a single, systematically developed strategy and state policy, technology for making managerial decisions by state authorities, which would ensure the interconnection and harmonious relations between the development of science, technology, production, goals, priorities and objectives of scientific and technical and industrial policy, have an extremely negative impact on the military-economic and socio-economic development of the country. Therefore, proper regulatory and legal support for the process of forming and implementing industrial policy in modern conditions is a strategically important task, the implementation of which contributes to the technological competitiveness and restoration of the national economy of Ukraine. Purpose of research is to study some topical issues of legal support for the processes of formation and implementation of industrial policy in Ukraine. Analysis of recent researches and publications. It is appropriate to note that the issues of formation and development of the state’s industrial policy and development of industry as the most important structural element of the national economy have been studied by scientists from various fields of science. Among the lawyers-economists, it is appropriate to note the scientific research of such authors as: D. V. Zadykhaylo, T. I. Shvydka, V. V. Rieznikova, who, based on the results of considering the issues of political and legal connection of institutions ensuring economic competition and bankruptcy in the economic system, came to the conclusion that the implementation of competition policy should be in clear interaction with industrial, structural and sectoral, investment and innovation policies, depending on the goals and objectives of the state industrial policy. Among the scientists-economists, the research of Yu. Kindzersky, who considered the problems of substantiating industrial policy from the standpoint of world experience and in the context of the need to use it in the war period and during post-war reconstruction in Ukraine and noted that when forming a system of institutions in our country for implementing industrial policy and assessing its consequences, one should carefully approach the definition of the policy goal, target group, justification, scope and orientation of the policy. V. M. Heyets conducted an analysis of the issues of forming the economic profile of strategically important types of industrial activity in Ukraine and concluded that in Ukraine, industrial policy should be a component of post-war recovery and reconstruction of the economy as a tool and mechanism for ensuring stable and high rates of economic development of the economy as a whole. Researchers М. Tassinari, E. Barbieri., G. Morleo, M. R. Di Tommaso analyzed the effectiveness and efficiency of industrial policy, focusing on the specific experience of South Korea, the presented analysis offers important information for the discussion of modern industrial policy, identifying specific elements and circumstances that can help mitigate government failures and increase the effectiveness of public actions. A. Terzi, M. Sherwood, A. Singh, considering the issue of European industrial policy for the green and digital revolution, determine that the existence of an urgent need to accelerate the transition to green and digital technologies and achieve national success leads to widespread calls for greater government participation in the economy, in particular through an active industrial policy. Thus, the above scientific developments confirm the relevance of the chosen topic, however, some of its aspects require additional scientific disclosure and in-depth scientific consideration. Article’s main body. The functioning of the industrial sector in Ukraine has many shortcomings, legislative regulation is currently unable to ensure sustainable development of the industrial sector, weak institutional foundations for the formation and implementation of state industrial policy will also not contribute to improving this situation, a wide range of instruments can be used to stimulate industrial development, which is a rather positive factor, therefore, in order to make effective management decisions, the legislation should establish a list of instruments for stimulating industrial development that would be appropriate for use by state authorities in the current conditions of the functioning of the industrial complex of Ukraine. Therefore, in the context of modern challenges and existing gaps in economic and legal regulation of the industrial sector, the urgent issue is the need to provide effective instruments for the formation and implementation of state industrial policy and relevant stimulating measures in order to stabilize the national economy and ensure national security. In this context, within the framework of the study, it is considered appropriate to conduct an analysis of modern legislative initiatives aimed at regulating legal, organizational and financial relations that arise between business entities operating in the industrial sector. Despite the importance of the issues of forming conceptual foundations, strategic directions of development, legal regulation of the goals and principles of state industrial policy, most of the problematic issues related to the implementation of state policy in the industrial sphere remain unresolved. Therefore, it is extremely important to regulate the above-mentioned issues at the legislative level in order to regulate relations between business entities operating in the industrial sphere, optimize and effectively distribute the powers of state authorities, other state bodies, local self-government bodies regarding the implementation of state industrial policy and systematize the relevant mechanisms of legal regulation, which becomes especially relevant in conditions of martial law. Conclusions and prospects for the development. Given the leading sectoral nature of industry and its key importance for ensuring the economic security of the country, the mechanism for implementing the state’s industrial policy, which has a multifaceted nature, is currently gaining special importance. Therefore, ensuring sustainable development of the industrial sphere requires the implementation of a single coordinated state policy based on effective economic and legal support, systematization and detailed legal regulation of the institutional principles of its formation with the involvement of relevant organizational, financial, information, personnel and other types of resources. Additional theoretical, legal and scientific and practical developments are required for the transformation of the conceptual principles of the formation and implementation of the state industrial policy.