Socio-economic development of Ukraine
PROSPECTS FOR REFORMATION OF
ECONOMIC AND LEGAL
MECHANISMS OF SUBSOIL USE IN UKRAINE
Semenikhina
Viktoriya
Viktorovna
Assistant of Management
DepartmentMykhailo Ostrohradskyi National University, Ukrainearticle deals with
the process of reformation of mining industry and intense subsoil use, which
requires constant improvement of legal support, rationalization and
ecologization of subsoil use. The more intensely natural resources are used,
the more carefully they should be exploited, especially, it concerns the
nonrenewable resources: recently the world community has been lacking in
nonrenewable natural resources. The author offers to consider the balanced use
of natural resources as the state economic function including management and
regulation of ecological and economic relations.: mining industry, mineral-raw
resources, subsoil use, economic and legal mechanisms, license for extraction,
concession.
Problem statement. Nowadays the
interaction of society and nature in the sector of natural resources use is of
great importance. Mankind faces two basic problems that are closely related to
the environmental management in general and to the use of mineral resources in
particular: the influence of natural resource scarcity on their use and social
production development, the negative and increasing environmental pollution and
the necessity of creation of measures on liquidation of this threat for the
further development of society.with the above-defined global issues, the
environmental issues and rational use of natural resources have a strongly
pronounced regional character and perform a particular role in the
intensification of production, based on the achievements in the scientific and
technological progress. Therefore, the only alternative to solve these problems
may be reformation of economic and legal mechanisms for the mineral resources
use.of recent researches and publications.The
problems of conceptual design of productive forces harmonious development are
concentrated in the national policy of natural management. These issues have
been studied by many Ukrainian scientists: I. Andrievskiy [1],
B. Danilishin, M. Korzhnev [2], V. Mishchenko [4], V. Kosterin, V. Ostroveskyi
[8]. For example,
Andrievskiy I. [1] pointed out that at present there is no clear
differentiation of powers of authorities on the regulation of relations in the
subsoil use; as a result it is impossible to determine the degree of
responsibility of each of them based on the analysis of existing economic and
legal mechanisms of subsoil use regulation. Mishchenko V. [4] argues that
despite the relatively long period of market reforms in Ukraine the
relationship of centralized economy has remained, as the government continues
its policy of unaddressed custody of exploration work based on inadequate
market environment of economic and legal mechanisms subsoil use.
Previously unsettled problem
constituent. The current situation requires a
radical and coherent approach to the existing national ecological and economic
problems solutions. The interest to the problems of effectiveness increase of
mineral resources use in Ukraine by the authorities, the scientific community
in recent years has increased significantly. Some factors of market economy
require a reassessment of traditional natural resources of Ukraine and the
prospects for their effective use. Unfortunately, the system of state
regulation of mineral resources use in our country does not currently meet the
requirements of a market economy and has a bulky structure; its separate
elements are duplicated.is also should be
noted that the out-of-date techno-economic equipment of Ukrainian mineral
resources users and economic problems stipulate the necessity of liberalization
process of natural resources use concerning possible investment by domestic and
foreign investors in the modernization of mining equipment, the introduction of
high-tech and energy-saving technologies.
Main purpose of the article.
The
conducted research is based on the scientific concepts and theoretical
developments by scientists of our country and foreign scholars in the direction
of environmental management, namely, in the organization of rational mineral
resources use. The information base of the research consists of legislative and
normative documents on economic and state administration issues in the sector
of mineral resources use, materials of publications by leading scientists on
this issue, the statistical data.and discussions.
In
the process of economic development of Ukraine the rational use of natural
resources, in particular, land and source of raw materials has always been and
remains significant. According to the Council on Productive Forces Study of NAS
experts’ views the total cost of natural resources of Ukraine in world prices
in 1996 were about $ 5.002 trillion, while land resources were 72 % and mineral
resources - 26 %, other resources - almost 2 % of the total cost, so for the
Ukrainian economy the land and mineral resources are fundamental ones. However,
this does not diminish the role of water, forest, recreational resources,
resources of flora and fauna in creation of the necessary conditions for life
activity of the Ukrainian people and sustainable development of the country as
a whole.
In the Soviet government times, the
natural resources were in the so-called "national property", but it
did not become the basis of their rational use. All the natural resources of
Ukraine, except part of farmland transferred into private ownership, are the
property of the Ukrainian people. This is a constitutional right fixed in
number of normative legal acts creating
a legal system for natural resources use [1, p. 105).
Ukraine belongs to the regions with
a high level of geological explored areas, significant reserves of mineral
resources and the capacity of their involvement in the economy. Today in its
interior there are about 20,000 deposits of 114 kinds of minerals of natural
and anthropogenic origin. In the past, the share of the mineral complex of
Ukraine was one third of productive assets, almost 40% of annual funding, a
third of foreign exchange earnings, producing about 5% of global mineral
resources, while territory is only 0.4 % of the world territory [2, p. 38].
The basic normative document
regulating relations in the sector of mineral use is Code of Ukraine "On
Subsurface» consolidated the state control over the use of mineral resources.
The basic requirements of subsoil geological exploration, accounting, public
examination and evaluation of mineral resources reserves, the state control are
regulated within the Code.
Cabinet of Ministers of Ukraine
adopted a number of regulatory acts. In addition, the use of mineral resources,
including geological exploration is governed by the Laws of Ukraine "On
state regulation of mine, production and use of precious metals, precious
stones and control over the operations with them", "Mining law",
"On oil and gas", "On mining and processing of uranium
ores".the same time, the current legislation of Ukraine is behind the
needs of market regulation in the economic conditions, that is, there are no
unambiguous economic and legal mechanisms to facilitate broad investment in the
mining sector. It is easy to explain a low level of foreign investment, if for
the industry in Ukraine in 2007 it was attracted to 49.8% of foreign
investments of their total volume, the mining sector attracted only 3.2% [6,
p.90].
There are two basic systems of
provision the right for mineral resources use: administrative (licensing) and
the contractual system. Within the administrative system the right of use of
mineral resources is based on state resolution issued in the form of licenses,
patents, permits and other documents. In this case, the state acts as an
authoritarian entity granting the right of subsoil use in the administrative
order determining the fundamental conditions for subsoil use. Within the
contractual system the right for mineral resources use is provided by means of
the conclusion of contracts between the state and the investor, within the scope
of civil law. The main forms of the contractual relations are the concessions,
agreements on the distribution of products, lease, and various forms of
contracts., the contractual and administrative systems for provision of subsoil
actually do not exist in their pure form. In most countries there is a process
of mutual influence and additional administrative and contractual systems use
of subsoil [3].
In many countries, the provision of
subsoil use for exploration of mineral resources takes place on the basis of
permits, while mining can be carried out on a contractual basis. In countries
where the provision of mineral resources mining can be carried out on the basis
of the administrative system, the minerals are also available for use by
national companies under state control, which in their turn in order to attract
investment contracts conclude the contracts with investors for joint
development of mineral deposits, and the distribution of the finished products
in natural and in money terms. In fact, this mechanism is an agreement on the
distribution of products and is typical for countries such as China,
Azerbaijan, Egypt, Indonesia and Nigeria, where the national oil companies were
established. Russia is the only country where the agreements on the distribution
of products are regulated by a separate federal law and a party to the
agreement appears not specifically authorized company but the state directly
[5].
Ukraine uses only one rental form of
mineral resources use. Unfortunately, production contracts are not being used,
and laws restrict access of concessionaires to natural resources that is
surprising as the concession of subsoil use is normal international practice.
Ukraine is among the top ten
countries in terms of volume of natural resources mining. Every year we have
extracted mineral resources at about $ 28 billion. Our country could
additionally receive about $ 8 billion by means of the active use of the latest
global technologies, even not taking into account an increase in mineral
resource mining [4].
According to the author one of the
ways to solve this problem is the implementation in practice of concession
relations. Concession is a provision by the authorized government body to a
foreign investor for a particular price and for a specified period of exclusive
rights to the special use of natural resources, carrying out of economic
activities related to the use of objects owned by the state. Concession
facilities are land, mineral resources, forests, water; selection of
concessionaires usually takes place on a competitive basis. Concession form of
raising capital is widely used in developed countries, and the beneficiary will
be the one who passes the object to the concession and the concessionaire
itself. So, in 80s of XX century the legislation of more than 120 countries
provided the granting of the concessions. They included the USA, Great Britain,
China, Mexico and Norway. Even such leading states were not able to allocate
the necessary capital to explore the field of the World Ocean.
Adoption of the law "On
Concessions" makes it possible to speed up the process of foreign capital
attraction in order to strengthen the scientific and industrial potential,
tends to stabilize the economy. The problem of concession has not been settled
by the national legislation and the necessity for this law is increasing every
day. For example, in Ukraine it has been explored the deposits of metals, and
for which there is no domestic production technology. World practice shows that
in such a case it is advisable to transfer the natural resources in the
concession [7].
At this stage it is impossible, as there is no defined procedure of
transmission of natural resources into the concession: there is no law defining
the responsibilities of the parties, the terms of the contract, providing the
order, the procedure of distribution of property after the termination of the
concession [8].
Concession remains one of the
fastest and "painless" for the state kind of investments attractions.
By its means the state for a certain period passes the investor
(concessionaire) its right to ownership of the facility. In turn, the
concessionaire (subject to the signing of the concession contract and the
payment of concession) disposes of the object of state or municipal property
without permission and gets some profit from it. Suppose the investor takes a
certain company to the concession, completes it or arranges the production,
while during the concession agreement all profits belong to the concessionaire.
On expiration of the concession, the investor returns everything (including the
purchase of equipment) to the state. Thus, the state, which itself is not able
to "bump" the company is doing so at the expense of the investor,
providing time for the right to manage a specific enterprise. However,
concession is somewhat different from the lease. First, the concession objects
are passed to the state or municipal ownership, they are uninsurable for
privatization. In addition, the concession contract is for a longer period
(according to Ukrainian legislation, the lease is for not more than three
years, the term of the concession is not less than 10 and not more than 50
years). On the expiration of the lease contract the entrepreneur must return to
the state only leased property, the concessionaire - the object of the
concession with the basic means of production.
Law of Ukraine "On
Concessions" has its own history. In 1993, the Verkhovna Rada of Ukraine
made the attempts to accept it, but to no avail as the Communist faction
blocked the process, their argument was "concession will lead to the
plundering of the national wealth". In 1999, the Law "On
concessions" was adopted, however, it should be stated the fact that there
is practically no rule to implement in similar legislation in other countries
as a concession "in Ukrainian" does not provide access to natural
resources. Although the history of Ukraine concession has also left its mark:
at the end of the nineteenth century it was founded modern Donbas region by
Englishman John Hughes who signed the concession agreement with the government
of Russian Empire at 24,000 pounds.
Imperfection of national legislation
in the sector of mineral resources use creates some artificial problems for
subsoil users of all forms of ownership. That is why in Ukraine the industrial
development of new mineral deposits, except ornamental stones, has practically
been suspended.
Conclusions and further researches
directions. Functioning
of economic mechanisms of subsoil use and conservation activities are only
possible in the legislative framework in order to ensure the rational use of
mineral resources. Reformation of economic and legal mechanisms for subsoil use
should be based on the establishment of such economic relations in the mineral
resource sector, in which the national economy would have developed steadily,
the state budget was replenished in the planned volumes with simultaneous and
compulsory provision of the mineral resources rational use, balance of the
interests of mining companies, regions and the state.
The objective necessity for further
research in this area naturally arises taking into account the regulation of
environmental aspects of mineral resources use, as mining process lasts for
decades and the impact on the natural environment has been already shown at
present and continues to accumulate in many years.
APPLICATION OF CYCLICALLY ORIENTED
FORECASTING: MODERN APPROACHES TO BUSINESS MANAGEMENT
forecasting ukrainian energy economic
Kologryvov Yaroslav
Igorovychgraduate of Management Department,of Management and Marketing,
National Technical University of Ukraine
“Kyiv Polytechnic Institute”,
Ukrainehave identified the necessity to use cyclical forecasting in business
and a sequence of development of this method based on innovation and expertise.
We have further determined possible transitions between innovations which
implies that technological advancement significantly facilitates growth. We
have analyzed functional dependence of S-curve with the learning curve in
identifying the zones with most potential growth, accelerated growth, and zone
closest to asymptote.: management, recurrence, prediction, energy.
Problem statement. Business
management based on cyclically oriented forecasting is an integral part of the
process of business organizations operation at the present stage of economic
development, special attention should be paid to the effect of
"periodicity in development" on management and technological
processes. A significant effect over5 recent years was caused by the global economic
crisis. This crisis forced business owners and top managers to solve some tasks
that required substantial revision of both the processes used in their business
and business technologies. After all, these types of crises cause the
transition from one technological structure to another and use of a new
paradigm in business. The success of industrial and commercial activities in
the current development of economic relations is possible under the condition
that the expected changes are quite significant and global. Important
objectives are set for both the owners of business entities of various levels,
and for scientists dealing with retrospective analysis, study of the current
state of the economy and forecasting problems.
Analysis of recent researches and
publications. The study of business processes for significant period of time is
marked by the presence of cyclical changes in their basic characteristics and
parameters [1, 2, 3, 4]. In particular, for majority of industry fields one of
the main factors that significantly affects this cycle, are the technical and
technological innovations, that in turn cause changes., in literature there are
different approaches to definition of the enterprise life cycle, starting from
[8]. The author [9, p. 374] notes that "the life cycle of the
enterprise" is a period of time from its foundation and to the time when
it stops operating or is updated on new foundations. S.V. Koryahina believes
that "the life cycle of the enterprise is a set of steps that form a
complete development circle during a certain evolution period of the company,
after which its values and activities can absolutely change"
[10, p. 26]. The definitions mentioned, and other definitions describe the
process of cycling in business itself, but there are still a number of issues
left concerning the problems of forecasting on the basis of periodic
processes.unsettled problem constituent. However, a number of issues remain
unresolved and they are directly related to the process of business management
based on cyclically oriented forecasting.purpose of the article. The objective
of this paper is to determine the characteristics of business operation in
modern conditions (effect of global economic crisis, operation in the "knowledge
economy"). Research methodology is based on scientifically-oriented
approaches to the study of cyclical processes and prediction of business
development options. System approach to forming sequence of developmental
stages based on production of basic innovations with the use of knowledge is
applied.and discussions. In the first place, forecasting has a significant
impact on the development of high-tech business areas. These areas are the most
dynamic. In particular, the use of achievements in business lead to the
emergence of fundamentally new areas. Thus, the emergence of knowledge about
nature of electric charge and magnetic field led to the discovery of
electricity, knowledge about nature of nucleus led to the further development
of nuclear power. In future it is possible (hypothetically) to develop this
energy sector at the level of quarks and quanta, etc. In this series of
transition from one basic innovation to another the most impact is caused by
the category of "knowledge". Fig. 1 conventionally represents this
process.our case, the process of transition to the next fundamentally new basic
innovation is directly related to the use of certain knowledge, accumulated
over a certain period of research. Today it can be explained with the term
"knowledge economy", which is specific for the present stage of
humankind development, and is especially popular for highly developed
countries, newly industrialized countries and the so-called, smart-countries.
. 1. The sequence of development of
science and technology direction based on the basic innovations production with
the use of knowledge
Efforts towards the development of
selected technologies enable to intensify business activity of specific
industry field, they can contribute to increasing of competitiveness level, and
eventually to formation of a new industry. So, today in the field of energy it
is possible to make significant breakthrough on the basis of achievements of
cold fusion and elementary particles (basic research on hadron collider). By
the way, the important part is state support for the development of
knowledge-based and innovative business that needs to be implemented by the
following ways:
) adoption of relevant legislation;
) resources provision for enforcement
of fundamentals stipulated by law;
) support for international
cooperation, especially in the process at the stage of basic research.Laws of
Ukraine "On scientific and technical activities" [5, p. 2 - 31]
"On priority directions of innovative activity in Ukraine" [6, p. 2 -
93] for a significant period of time help to increase the efficiency of
business and research activities.laws identify the priority areas of
knowledge-intensive industries of information technology, computers, aircraft,
aerospace technology, radioelectronics and others.structures whose main
activity is the realization of innovations constitute the basis of industrial
complex in innovation directed economy, including "knowledge
economy", the economy based on the latest knowledge. It should be noted
that at the beginning of the intensive development of "knowledge economy
", namely in 2000, the world high technologies included biotechnology,
medical technology, optoelectronics, computers and telecommunications,
electronics and flexible automated production modules, new materials, aerospace
technology, weaponry, nuclear technology [7, p. 314, 481 - 540]. At the moment
nanotechnology, information and communication technologies (or
infocommunication) were included to the list.factor significantly contributes
to the development of practically all industries, opens the possibility to
achieve higher values of financial indicators. This, in turn, helps to move the
industry to a higher stage of development, and consumers get absolutely new products
and services. However, one element of forecasting worth considering is such
effect of increase as saturation region. In science, this functional dependence
is characterized by S- shaped curve. Thus, the rate of indicator growth at some
point starts to be limited by asymptote.
Fig. 2. Zoning of “learning curve”
function and its derivative
Particular attention in this aspect
should be paid to consideration of "learning curve", which involves
identifying the following three zones 1) zonewith most potential growth; 2)
zone of accelerated growth; 3) zone closest to asymptote.. 2 conventionally
represents the learning curve function and its derivative, and typical zones
for this function are shown.on the information about possible development of a
given area it is suggested to form specific requirements for certain elements
of the management process. Fig. 3 shows the structure of the interrelation
between certain elements included into business process.
Basis that starts the business
process is the emergence of a specific basic innovation. This innovation
generates a number of derivatives, which, in turn, have an impact on other
components of the business process. Thus, the process of technological
forecasting should include tracking of basic innovations.and further researches
directions. The scientific research has shown that the incorporation of the
cycling concept in forecasting of possible variants in business development can
properly reflect management and technological processes. Based on the logical
generalization the sequence of development of science and technology direction
on the basis of production of basic innovations with the use of knowledge was
figured out. This sequence defined transitions from one innovation base to
another. In this case the use of a basic innovation is associated with a term
of "knowledge economy".
Fig. 3. Structure of interrelation
between certain elements included into business process
is shown that the technology factor
significantly contributes to the development, opens up additional opportunities
and helps to transfer the industry to a higher stage of development. A separate
study is conducted in the field of application and analysis of the functional
dependence of S-shaped curve with the “learning curve” and identifying the
zones with most potential growth, accelerated growth, and zone closest to
asymptote.analysis of power industry production activities on the basis of
S-shaped curve and the “learning curve” principles requires further research.
ROLE OF JUDICIAL PRINCIPLES AT
CONSIDERATION OF BUSINESSES ABOUT OFFENCE OF COMPETITION LEGISLATION
Oleksiy Anatoliyovychin
economics,University of Finance and International Trade, UkraineCommittee of
Ukraine, Ukrainenorms stipulate application of and compliance with the
procedural fundamentals. This is an important element of the participants
equality principle during investigations and considerations of cases on
competition law violation. Therefore the article describes basic legal norms
that are applied by the bodies of the Antimonopoly Committee of Ukraine about the
regulation of competition.: Antimonopoly Committee of Ukraine, competition law,
violation, judicial
principles.
Introductіon.
In Ukraine there is rapid development of market economy and competitive. State
(represented by competent authorities and officials) must provide high-quality
development, in particular through the development and implementation of
government competition policy, actions and regulations of the competition.
Competitive policy in our country is a complex of organizational and legal measures
aimed at the development and protection of competition, monopolistic tendencies
and overcome the unfair competition in Ukraine, the regulation of natural
monopolies, promotion of financial, technical, information, innovation,
advisory and other support entities that provide competition and development is
carried out by authorized state bodies, local authorities and bodies of
administrative management and control. State regulation of economic competition
is carried out through a system of measures taken by the Antimonopoly Committee
of Ukraine.
Analysіs of recent researches and
publіcatіons. Implementation research the
substantive direction necessitated recourse to developments of scientists who
studied some aspects of the Antimonopoly Committee of Ukraine. In particular,
protection of competitive relationships studied L.Bila, A. Bakalinska, Y.
Zhuryk, N. Korczak, S. Kuzimina,
A. Chernelevska, I. Shumilo and others; general problems of regulatory impact
on the state 's economy looked A. Andriiko, L. Voronov, T. Kravtsov, A.
Oleschenko and others. Thus, in the present
research on administrative law issues of administrative and legal status of the
Antimonopoly Committee of Ukraine studied fragments, hence the need for the
implementation of a comprehensive scientific analysis. In addition, the
contradictions in the existing antitrust law determines the need for systemic
changes in the formation of laws and regulations.
Prevіously unsettled problem
constіtuent. The organs of the Antimonopoly
committee (farther - to Committee) begin consideration of businesses about
violation of legislation about defence of economic competition after grounds
certain the article of a 36 Law of Ukraine"About defence of economic
competition"(farther is Law) [1].The process of realization in matters
about violation of competition legislation consists of such stages: raising
action, investigation in business, decision-making, implementation of decision,
verification of decision and second thought.
Maіn purpose of the artіcle.
In this scientific article it is identified the basic legal norms that are
applied by the bodies of the Antimonopoly Committee of Ukraine about the
regulation of competition. Legal norms stipulate application of and compliance
with the procedural fundamentals. This is an important element of the
participants equality principle during investigations and considerations of
cases on competition law violation.
Results and dіscussіons.
A
legislation about defence of economic competition, in accordance with the
article of 3 Laws, consists of Laws of Ukraine "About
defence of economic competition"
[1], "About the Antimonopoly committee of
Ukraine" [2],
"About protecting from an unfair competition"
[3]etc. Judicial norms of divisions of VI-IX of Law
regulate realization in matters about violation of legislation about defence of
economic competition, that is statutory and by Law "About defence of
economic competition" [1],
"About protecting from an unfair competition"
[3]. At the same timethe
law"About protecting from an unfair competition"
[3] contains the separate special judicial norms
that set the features of realization in matters about an unfair competition.
Separate judicial norms, that
explain the judicial norms of the marked Laws, set by Rules of consideration of
businesses about violation of legislation about defence of economic competition
[4], ratified by the order of the Antimonopoly
committee of Ukraine from April, 19, 1994 №5, registered in Ministry of Justice
of Ukraine on May, 6, 1944 after № 90/299, in the release, ratified by the
order of the Antimonopoly committee of Ukraine from June, 29, 1998 №169-р. with
next changes and additions.Article 35. Consideration of businesses is about
violation of legislation about defence of economic competition.
. Consideration of businesses is
about violation of legislation about defence of economic competitionbegun with
the acceptance of order about beginning of trial of business and closesby a
decision-making in business.
.At the trial of business about
violationof legislationabout defenceof economicto the competition organs of the
Antimonopoly committee of Ukraine:collect and analyse documents, conclusions of
experts, explanation of persons, other information that is proof in business,
and make decision in business within the limits of the plenary powers; get
explanations of persons, that participate in business, or any persons, after
their solicitor or on own initiative.order about beginning of trial of business
about violation of legislation about defence of economic competition is a
judicial document(by a judicial form), is the initial stage of competition
process, the aim of that is to define the subjects of corresponding
law-enforcement relations - participants of process - defendant, declarant,
third persons, organ of the Antimonopoly committee, define an object and
article of these relations(corresponding qualification of actions). From the
moment of acceptance of order about beginning of trial of business the
participants of process have judicial rights and judicial duties
[5].of business has for an object complete, exact
and objective establishment of all circumstances that matter for the correct
competition-legal estimation of certain act and him consequences, establishment
of fact of violation of legislation about defence of economic competition,
bringing in of violators to responsibility and removal of negative consequences
of perfect violation.in business about violation of legislation about defence
of economic competition closed by a decision-making in business in accordance
with the article of a 48 Law from the moment of closing of realization the
judicial right and duties, related to the trial of business cease in
business.the trial of business about violation of legislation about defence of
economic competition the organs of the Antimonopoly committee conduct judicial
actions. sent to establishment of actual circumstances of business.law does not
conduct a clear limit between prosecuting an inquiry in business and by an
acceptance a decision in business, including these two judicial stages of trial
of business in a term "trial of business". At the same time,
differentiation of these stages of the masses important value, taking into
account that. that a decision-making on results the trial of business Law mainly
attributes to the competense of collective organs, in what realized, though not
fully (in the separate
categories of businesses made decision the state authorized agents of the
Antimonopoly committee individually), principle of collective nature at making
decision in business. On the stage of investigation of business judicial
actions in relation to collection and analysis of proofs are conducted by the
office workers of the Antimonopoly committee, him territorial separations, what
authorized agents on it by those organs of the Antimonopoly committee, that
began the trial of business, about what registers in an order about beginning
of trial of business. In accordance with points 20' and 20 Rules of
consideration of businesses about violation of legislation about defence of
economic competition of order about beginning of trial of business are accepted
by such organs of the Antimonopoly committee - state authorized agent of the
Antimonopoly committee and administrative college of territorial separation of
the Antimonopoly committee [5].order
about beginning of trial of business about violation of legislation about
defence of economic competition can be accepted only at presence of signs of
violation of legislation about defence of economic competition, including
consequences of such violation.of legislation about defence of economic
competition is acts that encroach on by legislation about defence of economic
competition public relations. The types of such протиправних acts are envisaged
in the article of a 50 Law, articles of a 4 - 19 Law of Ukraine "About
protecting from an unfair competition"
[3]. Fixing in the law of offences means
determination of them legally meaningful signs inherent all offence of certain
kind. Mostly there are the envisaged signs of objective side of offence in the
marked Laws.for raising action is sufficientness of data that specify in the
presence of signs of violation of legislation about defence of economic
competition. Sufficient are such data, that testify to the presence of certain
actions the signs of that are envisaged in the article of a 50 Law, articles of
a 4- 19 Law of Ukraine "About protecting from an unfair competition"
[3]. Thus not necessarily, that they represented an
act full and all-round. Establishment of these circumstances is the task of the
next stage of realization in matters about violation of legislation about
defence of economic competition.action means bringing in to responsibility of
person, the acts of that have signs of statutory violation, id est person in
relation to that raised action. From the moment of acceptance of order about
beginning trial of business about violation of legislation about defence of
economic competition this person acquires judicial status of defendant. From
this moment such person is right to know in which one violation legislations
about defence of economic competition she is accused, acquires other rights for
a defendant, that can avail in compliance with the legislation for the defence,
and duties of defendant, that be under an obligation to execute. From the
moment of raising action in relation to this person - a defendant is pulled
down also corresponding judicial rights and duties corresponding organs of the
Antimonopoly committee.the moment of raising action a declarant acquires
corresponding judicial status.An order about beginning of trial of business is
sent during three working days term from the day of his acceptance.an order
about beginning of trial of business those circumstances(data) that testify to
the presence of signs of concrete violation of legislation about defence of
economic competition must be marked.article of a 39 Law of Ukraine "About defence
of economic competition" [1]
determines the circle of those persons, that participate in business and have
the corresponding judicial status envisaged, in particular, in the article of a
40 Law, articles 25, 26. 29, 31 and to 32 Laws of Ukraine "About
protecting from an unfair competition"
[3], separate norms and rules of consideration of
businesses about violation of legislation about defence of economic
competition.defendant in business is a person the acts of that contain the
signs of violation of legislation about defence of economic competition. A
person, that is marked in an order about beginning of trial of business about
violation of legislation about defence of economic competition the acts of that
contain such signs, confesses a defendant.realization in business at presence
of corresponding circumstances a defendant can be transferable. In case of
establishment during realization in business, that to responsibility must be
attracted another or a few persons, they are attracted as defendants in
business.replacement or bringing in of defendant disposing of is accepted that
organ of the Antimonopoly committee, that jurisdiction question about raising
action.or bringing in of defendant can come true only within the limits of
signs of that violation and after those actions after that begun on the right.
In another cases in relation to these persons other business must be excited in
the set order, and instead of replacement of defendant - new business is excited
in relation to other person and, if necessary, already broken in relation to a
person business is subject to closing in accordance with the article of a 49
Law. Replacement of defendant is possible in case of his reorganization -
change of legal form of defendant, joining of him to other person, confluence
with other person.declarant is a person that gave to the organs of the
Antimonopoly committee in the set order statement about violation of
legislation about defence of economic competition.In the cases when in
accordance with an indention fifth of part of the first article of a 36 Law on
the right broken on own initiative of organ of the Antimonopoly committee on
the basis of corresponding statements and solicitors, person that handed in an
application also is a declarant.declarant public authority, organ of local
self-government, is considered also, the organ of administrative management and
control brought in that idea about violation of legislation about defence of
economic competition.a decision in business can substantially brush against
rights and interests, охоронювані by this Law. Other person, these persons are
brought over to participating of person in quality of the third persons. About
confession the third person the organs of the Antimonopoly committee of Ukraine
are accept an order, about what it is reported to the persons that participate
in business, including person confessed by the third person.confession the
third person, disposing of is accepted that organ of the Antimonopoly committee,
that jurisdiction question about raising action.that participate in business
have a right with the aim of defence of the interests to meet with materials of
business. At the same time this right for the marked persons does not arise up
from the moment of raising action, as to prosecuting an inquiry in business, to
establishment of circumstances necessary for the all-round, complete and
objective decision of business, the possible actions of persons that
participate in business must not prevent the assembly of necessary proofs, what
of them can accomplish(for example, to destroy possible proofs), knowing yet on
the initial stage of investigation in business about the yet not set
circumstances, about facilities and methods of investigation, source of receipt
of proofs and others like that. On the stage of investigation of business to
establishment of all necessary circumstances the secret of investigation is in
business kept.necessary for a correct decision matters of circumstance are set
by means of proofs. By proofs in business there can be any fact sheets that
give an opportunity to set a presence or absence of violation.article of a 41
Law of Ukraine "About defence
of economic competition" [1]
regulates the duty of finishing tellingfact sheets it is necessary to
understand not facts, but information about them. Facts are events, phenomena
of reality, that can not be added to business. Therefore at finishing telling
of presence or absence of these facts office workers and organs of the
Antimonopoly committee, persons that participate in business, even if they
perceived these events and phenomena directly, operate information about these
facts, that get from explanations of parties and third persons, explanations of
official persons and citizens, conclusions of experts and others like that.
Information about circumstances is fixed in corresponding documents in the
order set by Law.is: verbal or writing report by the face of information about
any circumstances that is subject to establishment in business.Verbal
explanations of parties, third persons, that contain data, that testify to the
presence or absence of violation, fixed in protocol.in business are also
explanations of persons, that does not participate in business and are not the
judicial figures of process of realization in business, - official or post
persons and citizens, that contain data that testify to the presence or absence
of violation. These verbal explanations are reported. Protocol must be signed
by a person that gives explanation, and at the refuse of person to sign
protocol, about it registers in protocol.the grant of explanations a person
that must give them is warned of responsibility at a grant in an incomplete
volume or unreliable information. Organs of the Antimonopoly committee, authorized
agents persons have a right to require the grant of verbal or writing
explanations by them. In this case persons it is required from that are warned
of responsibility for backing-away of information.of the Antimonopoly committee
of Ukraine on own initiative or after the solicitor of person that participates
in business, have a right to appoint examination, what an order(The article of
43 Laws of Ukraine is "About defence of economic competition"
[1]) is accepted about.examination and setting the
circle of questions, that it follows to put before experts, the corresponding
organ of the Antimonopoly committee of Ukraine has a right to ask suggestions
of parties and other persons that participate in business. In an order about
setting of examination questions are marked, on what necessary conclusions of
experts, and person that will examine.of examination is one of judicial
facilities, necessary for establishment actual circumstances of business and
comes true only under the Law.expert is a person that owns scientific,
technical, sociological, economic or other knowledge, that for the order of
organ of the Antimonopoly committee it is incumbent to conduct examination and
dates on her results conclusion.is research on the basis of the special
knowledge of material objects, phenomena And processes, that contain
information about circumstances that is subject to establishment in
business.are on results investigation and research of businesses.In the process
of trial of business about violation of legislation about defence of economic
competition the organs of Committee, in accordance with the article of a 46 Law
of Ukraine "About defence of economic competition"
[1], have a right to give
recommendations.Recommendations of organs of Committee are subject to obligatory
consideration organs or persons that they are given.are given by those organs
of Committee, that jurisdiction business about violations in relation to those
actions, concerning that recommendations are given. On condition of
implementation of positions of recommendations in case if violation: did not
result in substantial limitation or distortion of competition, did not inflict
considerable losses to the individuals or society and it is used corresponding
measures for the removal of consequences of violation, - the organs of
Committee make decision about closing of realization in business on the basis
of sex 46, 48 and indention seventh of the article of a 49 Law of Ukraine
"About defence of economic competition"
[1].completion of collection and analysis of proofs
the office workers of Committee, separation is presentation with previous
conclusions, that is introduced organs of Committee, that jurisdiction
business.a rule, the office workers of Committee, separation is one idea about
previous conclusions in business - regardless of amount of defendants.A
previous decision can be appealed in the order certain the article 60 of this
Law, in fifteen daily term from the day of his receipt. This term can not be
renewed.In case of closing of trial of business in connection with unleading to
of feasance of violation a defendant can appeal to the economic court about a
compensation by the subject of menage, that handed in an application in
accordance with part first it to become, him, losses inflicted in connection
with the acceptance of previous decision [6].previous
decision, if more short space is not marked in him, loses an action from the
day of receipt of the decision accepted on results the trial of business a
defendant.Previous decision in business by с means for the
distraction(non-admission) of negative consequences that can come for the
subjects of menage as a result of perfect violation.Initiative in relation to
the acceptance of previous decision in business belongs to the subjects of
menage, that can test such negative consequences. At the same time,
determination of expediency of application of such judicial means depends upon
the organs of the Antimonopoly committee depending on validity of requirements
of declarant.previous decision in business it can be accepted only in relation
to a defendant in business about violation of legislation about defence of
economic competition.If the feasance of violation of legislation will not be
well-proven a defendant about defence of economic competition, he is right to
appeal to the set order in a court about the compensation of menage the losses,
inflicted by implementation of previous decision of organ of the Antimonopoly
committee accepted on the statement of this subject of menage, a subject.law
does not envisage the compensation of losses a defendant from the subject of
menage on the statement of that a previous decision is accepted, in case if
decision in business about confession of defendant such, that violated a
legislation about defence of economic competition, cramps it is confessed by
invalid. In this case the inflicted damages are subject to the compensation the
Antimonopoly committee or him a territorial separation, depending on that,
whose organ made decision in business.On results consideration of businesses
about violation of legislation about defence of economic competition the organs
of the Antimonopoly committee of Ukraine make decision.business about violation
of legislation about defence of economic competition, for that on the subjects
of menage - legal or
physical entities, or on the group of subjects of menage, that confess the only
subject of menage, a fine can be imposed in accordance with the article of 52
Laws of Ukraine "About defence of economic competition"
[1] and article of a 21 Law of Ukraine "About
protecting from an unfair competition"
[3], organs of Committee, that jurisdiction
business, obliged to summon data about the profit(profit yield) of subject of
menage from realization of products(commodities, works, services) for the last financial
year, that was preceded to the year a fine is laid on in that.of judicial
principles about investigation of businesses : association two or anymore
businesses, bringing in of new defendants, stop of realization on business and
his renewal and others like that.article of a 38 Law of Ukraine "About
defence of economic competition" [1]
envisages : an association and selection of businesses, stop of trial of
business and his renewal.This article envisages possibility of association a
few the businesses in one, if it is expedient to carry out their consideration
in one realization that assists a judicial economy. In particular, hook
expediency magician place if in different businesses in relation to different
defendants the the same circumstances of feasance of violation are set the
legislations about defence of economic competition, related to the feasance by
them the same concrete violation, for example - the anticompetition concerted
actions, or violations are perfect by them closely constrained inter se, for
example, when it is perfect one defendant of violation it is conditioned by
perfect violation by the second defendant. Businesses can unite in relation to
one defendant, though after different violations, if it is related to the
necessity of establishment of far of circumstances that matter for leading to
of both violations.question about the selection of business for separate
consideration appears in the cases when
а)realization of investigation and
decision-making in business in relation to одною from a few violations or one
of defendants it is more expedient to carry out in other(territorial or
judicial) organ of the Antimonopoly committee;
б)realizationof investigation and
decision-making in relation to one of defendants it is expedient to carry out
separately with the aim of defence at his interests, for example, in relation
to a declarant in relation to perfect to them and by other subjects of menage
the anticompetition concerted actions;
с)in business after a few violations
one of them is well-proven, and leading to needs other additional
investigation;
d)in
business after a few violations of leading to of all circumstances of one of
them is the impossible to the decision economic court of constrained and by
them by the circumstances of business or to the decision a public organ related
to these circumstances ofother question that змушує to stop realization at part
of investigation of these circumstances;
e)investigation
of violations it is expedient to carry out in the process of realizationother
business that needs the association of realizations;
f)
it is set during completion of realization or decision-making on business signs
of new violation or in relation to new defendants, and the proofs collected in
business are necessary for leading to of this violation.particular,
the article 49 determines grounds at that realization is in business closed
without bringing in of person to responsibility [7].is necessary also to mark
that limitation of bringing in is to responsibility for violation of legislation
about defence of economic competition. (The article of 42 Laws of Ukraine is
"About defence of economic competition" [1]).limitation of bringing
in to responsibility register understands from the moment of feasance of
violation of legislation about defence of economic competition or from the
moment of completion of триваючого violation term after completion that
responsibility and application of approvals are eliminated.law is set two
limitations of bringing in to responsibility, depending on degrees of public
harm of violations - general and special.General limitation of bringing in to
responsibility presents five years from the moment of feasance of violation of
legislation about defence of economic competition or from the moment of
completion of триваючого violation.limitation of bringing in to responsibility
is used in the cases of bringing in to responsibility for the violations
envisaged by the points of a 1 - 12. 17-20 article of a 50 Law of Ukraine
"About defence of economic competition" [1].special limitation of
bringing in is to responsibility for the violations envisaged by the points of
a 13-16 article of a 50 Law presents three years from the moment of feasance of
violation of legislation about defence of economic competition or from the moment
of completion of триваючого violation.of bringing in is to responsibility for
violations statutory Ukraine "About protecting from an unfair
competition" [3] straight not set. It is considered that in relation to
these violations also operates general five-year term of bringing in to
responsibility, despite on the step is set a six-month term for an appeal after
the protection of the broken rights(what can be continued by the organs of the
Antimonopoly committee on a corresponding statement).of bringing in to
responsibility means a term during that a person can be attracted to
responsibility - id est, when in relation to a person the trial of business
will be begun about violation of legislation about defence of economic
competition.a time of trial of such business motion of limitation of bringing
in of responsibility is stopped. Motion of limitation begins after closing the
case about violation on the basis of the article of a 49 Law.the aim of
realization of state control after inhibition of legislation about defence of
economic competition, legislations about protecting from an unfair competition
organs the Antimonopoly committee of Ukraine is conducted by planed and not
provided for by the plan departure verifications of inhibition of legislation about
defence of economic competition during realization of economic activity by the
subjects of menage and during realization of plenary powers by government
bodies, organs of local self-government, organs of administrative management
and control in relation to the subjects of menage.2007 the organs of Committee
are conduct 798 verifications of observance of requirements of legislation
about defence of economic competition (in 2006 - 810), including 589
verifications of subjects of menage and 209 verifications of public organs. On
results these verifications consideration is begun 269 businesses about
violation of legislation about defence of economic competition and 415
recommendations are given in relation to stopping of actions(to inactivity)
that contained the signs of such offences.practice as has a source of
competitive of right outstanding value for the home system of defence of
competition, as swims out from the decisions accepted by courts on results
consideration of spores in the field of competitive relations. Thus, the norms
of competitive legislation are used courts system, in intercommunication with
other norms of legislation of Ukraine. Judicial practice presents a base for
further development and improvement of competitive legislation and is one of
instruments of realization of competition politics of the state.is without an
overstatement possible to establish, that decisions, that was accepted by the
Higher economic court and economic courts of Autonomous Republic of Crimea,
regional and bridge of Kyiv and Sevastopol the concrete businesses constrained
from adjusting spores in the field of a competition, allowed to shut out
destruction form for the last seven years of the organizational and legal
system of defence of economic competition in Ukraine, to prevent the attempts
of separate subjects of menage, by the decision of spores in economic courts,
practically to stop activity of Committee and do impossible the job of
realization of state control fixed on Committee processing after the observance
of antitrust legislation.
witnessed the mutual understanding
between the organs of Committee and courts in relation to prevention and
stopping of violations of legislation about defence of economic competition,
that found the reflection in a number of made decision courts from the
questions of application of competitivness legislation.formed is certain
positive practice at consideration in the courts of businesses about confession
invalid decisions of organs of Committee.2007 in 269 cases applied in a court
with lawsuits in accordance with the article of a 25 Law of Ukraine "About
Antimonopoly Committee of Ukraine" [2]. During a financial year 148
decisions of АМC of Ukraine that folds a 10.4% made decision for a year are
appealed in courts.
Conclusіons and further
researches
dіrectіons. Development of competitive
legislation and completion of forming of the integral system of defence of
economic competition in Ukraine are a process that is indissolubly related to
the increase of legal and enterprise culture of society. The most perfect legal
norms,state and law mechanisms are not able to provide effective enough defence
and development of competition, if ideas and values of market economy
(similarly as ideas and values of democracy, legal state and others like that)
are not perceived by society on the whole.
Therefore we must attain the that
state, when every participant of competitive relations (both businessman and
official) will realize a necessity to operate in this process only honestly and
legitimately, straight binding the conscientious competition behavior and high
competition of market economy to the increase of own and public welfare, when
it is inalienable part of his civil position.
MARKETING AND TALENT MANAGEMENT AS
INTEGRAL ELEMENTS OF EMPLOYER BRANDING STRATEGIES
Lazorko
PhD, Head of Market Research and
Segmentation Department,
Marketing Institute, Faculty of
Management University of Technology, PolandZajac
MA, PhD student, Faculty of
Management University of Technology, Polandpaper presents internal marketing
and talent management as key elements determining effective introduction of
employer branding strategy. Nowadays tendencies to interdisciplinarity force
organizations to search for concepts from different areas of science and combine
them for most effective market performance. That is the reason for presentation
of two aspects of employer branding - from HRM and marketing perspectives, in
the paper. The paper is aimed at presentation and discussion of internal
marketing and talent management as elements of overall strategy of organisation
in the scope of its competitive advantage gaining.: employer branding, internal
marketing, talent management, competitive advantage, HRM.. In the current
market situation it is crucial to look closer, predict and fulfill expectations
and needs of employers within organisations and try to maintain relations with
them at the level satisfactory for both sides. Qualified and satisfied
personnel directly determines effectiveness of external marketing strategy
introduction. As Zakrzewska indicates everything may be copied now - business
strategies, processes, procedures, distribution channels but human intellect,
that is the most significant element of creation of competitive advantage,
cannot be copied [21]. At the same time Kevin P. Ryan, the Founder and the
Chairman of Gilt Groupe, indicates that managing talents is the most important
task that managers must face nowadays. It can be assumed, basing on market
experience of different enterprises, that not the idea or innovative concept
have determined their success but people who have deployed them in force [16].
Consequently the effective process of internal marketing and managing talents
should be perceived as key element of modern management strategy.of talents
(their acquisition and retention) is indicated by the Deloitte as the one of 5
key HR trends for 2014 [3]. It is strongly argued that creation of an
organization as a workplace should be coherent with corporative brand of an
organization. Building strong bonds between them should help to retain talents
and attract new ones, however it requires introduction of methods in areas of
talent management, internal marketing and their communication in effective and
consequent way. If performed adequately the potential of a brand may result in
attracting talents [5] and influence company’s competitive advantage in wider
perspective.process of employer branding is the concept that require effort and
planning from all units of an organization, not only HR units. As indicated
above, the strategy of employer branding (EB) should be derived from external
brand strategy, that is a result of overall marketing strategy of an
organization. This way it may be indicated that crucial role in the process of
EB implementation is played by internal marketing strategy that bases on the
assumption of perceiving employees as the first customers of an organization,
as their satisfaction is determining external marketing
effectiveness.literature of management presents different approaches towards
management of organisation potential located in its employers. The number of
approaches and definition causes the situation of misunderstanding their role
and meaning for an organisation.authors present internal management and talent
management concepts and place them within a strategy of employer branding as
well as indicate their role in the competitive advantage winning process in
changing market environment.branding in the strategy of image
creationdefinitions of employer brand may be found in the literature. According
to Rosethorn its “a two-way deal between an organisation and people”, while
Randstad indicate that it’s a complex concept based on various intangible
factors, including perception, image versus identity, and the ability to differentiate
between them [5]. The process of employer branding is defined as all the
actions that are undertaken by organisation aimed at present and potential
employees to create image of an attractive employer to support strategic
business goals [9] in wider perspective. According to G.Martin EB is aimed at
creation of adequate image of an organisation to attract talented candidates
and to make all employees (present and potential ones) identifying themselves
with an organisation - its mission, goals and brands to provide an organisation
with expected results [8]. Thus employer branding can significantly influence
and support process of talent management in an organisation. It also affects
the process of organisation’s external image creation - not only among key
candidates but also among clients and other stakeholders [6]. To sum up the
following can be indicated as goals and object of employer branding:
creation of the image of
ideal employer,
creation of the image of
socially responsible and ethical organisation,
creation of organisation
identity,
attracting the most
qualified and desired candidates,
creation of a climate for
employees’ identification with an organisation and its goals to increase their
involvement in achievement of requested results [8].indicated, employer
branding includes wide and interdisciplinary range of areas. It relates to:
marketing, personal marketing, human resource management (HRM) and public
relations (PR). One of the indicated areas, that in the authors, determines
effectiveness of employer branding introduction is internal marketing.
Table 1. Goals, tools and links of
employer branding concept
|
Internal employer branding
|
Subject
|
employees
|
potential candidates; customers;
contractors; cooperatives; business partners.
|
Golas
|
-creation of friendly work
environment; - assuring possibilities of self-development of employees; -
creation of organizational involvement*.
|
- image -
increasing and/or building awareness of an organisation in external
environment;
- recruitment - reaching out ideal candidates and their encouragement to
apply for a job**.
|
Tools
|
-internal communication; -assuring
staff development, managing career paths; - systems of internal and external
training adequately planned and introduced; - monitoring of employees’
satisfaction; - integration of employees; - financial and non financial motivators;
- ethical systems, value systems; - internal CSR actions; - work-life
balance; - health services; - outplacement.***
|
- modern technologies, multimedia
tools, social media, employer branding 2.0; - mouth-to-mouth marketing; -
ratings of best employers; - interesting job advertisements; - web page -
“career” window; - job fairs, workshops, training activities for potential
employees, open-days; - programs of apprenticeships and trainings; -
cooperation with student organisations; - presentation of offers in career
portals, magazines and guides for students, as well as in professional
periodic. ****
|
Relations
|
internal marketing, internal PR,
HRM, talents management.
|
HRM (recruitment), external
marketing, external PR, image creation.
|
Internal marketing in the process of
employer branding
„PR begin at home” so creation of an
organisation image as an ideal employer should also be started with actions
focused on internal part of an organisation. Organization’s employees should be
treated as first customers of an organisation. The level of their satisfaction
from marketing actions should be a base to introduce the strategy externally.
This attitude, to treat employees as the first customers of an organization, is
called internal marketing (IM).
It can be observed that in Polish
and in the world marketing literature the concept of internal marketing have
been changing when areas it covers are discussed. In the first concepts their
authors indicated that employees should be treated as internal customers and
jobs should be interpreted as offers for that group. In 1991 Berry and
Parasuraman stated that “internal marketing is attracting, developing,
motivating and retaining qualified employees through job-products that satisfy
their needs (...) it is the strategy of shaping job-products to fit human
needs” [15]. Kozielski described internal marketing as a process of motivating
and integrating employees to effective realisation of the corporation’s
strategy and its functions aimed at customer satisfaction [8]. Otto indicated
that internal marketing results from alternative and integrated way of HR and
marketing and its description must be based on assumption that an organisation
is a specific market, and so marketing actions are directed inside it, concentrating
on internal clients and jobs providers to improve relations in an organisation
and in result customer service to increase organisation’s effectiveness [13].
Piercy and Morgan pointed out that external marketing programs should be
introduced internally as an adaptation of external programs. Cooper and Cronin
though postulated that IM should include motivating and training to perform
more effectively. In the latest concepts the opinion that internal marketing
bases on the exchange between employees and organisation is presented [6].
Olsztynska, indicated that former
definitions of IM had stressed the impact of personnel on customers
satisfaction and loyalty as a result of relationship marketing theory
recommendations. Nowadays internal marketing is interpreted wider as a tool
supporting strategy changes introduction, knowledge management and ways to
integrate staff in customer service effort. Another change can be observed in
widening possibilities of internal marketing implementation in other sectors,
apart from services providers - previously indicated as the only one where IM
solutions can be introduced [13].
The internal marketing introduction
though requires answering to many questions considering the following issues:
responsibility matters, internal marketing range in a organisation, its
position in an organisational structure and its results measurement. Very often
internal marketing actions are introduced intuitively [14]. To make the IM
introduction more effective the following steps should be taken and decisions
made considering the following aspects: preparation of efficient internal and
external communication systems; creation of organisation culture stimulating
employees’ involvement and collaboration; creation of joint responsibility and
cooperation in the process of personnel needs satisfying and external
customers’ expectations fulfilling; provoking a perception of internal
marketing as a complex process; treating external and internal customers as
verifying utility of marketing actions [2].
All the mentioned actions are also
integral in the strategy of employer branding should be perceived as actions
that determine effectiveness of overal strategies, especially that marketing
orientation presumes preparation of startegies basing on needs of adresees,
staff in that case.
Talent management in the process of
employer brandingmanagement is indicated as one of challenges for modern
organisations. This attitude towards the concept can be confirmed by the
following tendencies:
- ability
to compete in economy based on knowledge depends on quality of skills obtained
by talented employees;
- key
competences are created by outstanding employees;
- demand
for outstanding employees, who can combine professionalism and creativity, is
increasing;
- increasing
mobility of employees, ability to move from one labour market to another,
especially in case of high competence specialists, force organisations to
introduce new personal programs adjusted to needs, aspirations and expectations
of the staff members;
- costs
of obtaining qualified employers are increasing;
- indexes
of fluctuation in the groups of qualifies employees are increasing[12].can be
assumed that the process of attracting and maintaining relations with most
talented employees is more and more demanding. That situation results also from
changes that has been occurring in demands of employees, especially the ones
from the Y generation. The group of employees who are entering the labour
market are highly demanding towards employers. They are strongly concentrated
on their own development, aimed at professionalism in their work environment,
aware of their potential and self-conscious. As employees they are highly
literate in new technological solutions and they can use them at their work.
They are mobile, speaking foreign languages and not loyal - frequent changes of
employers are not problematic to them. They are focused at permanent education
and vocational development. They are strongly orientated on keeping the balance
between private and professional life. People from the Y generation appreciate
friendly atmosphere at work, they like feeling of appreciation and being
praised. If employers do not meet that expectations they do not hesitate to
consider changing the job [9].
Considering: demographic changes,
ageing society, economy development in directions in which the lack of talents
may be observed (IT for example) the assumption that employers should begin to
search for adequate candidates, recognising and fulfilling their expectations
is reasonable. Introduction of talent
management is a key issue when attracting and keeping ideal employees is
considered. Also employer branding activities may be useful in that aspect,
especially the ones aimed at communicating different initiatives undertaken by
organisation towards present and potential employees.branding process that
completes the process of talent management requires introduction of following
actions:
1. Image creation efforts
placed where ideal, qualified and talented employees may be found - maintain
relations with universities, research centers, alumni associations, career
centers, professional associations, and organizing trainings and apprentices.
2. Attracting talents by
activities aimed at implementing image of an organisation as employer.
Informing public opinion about introduction of talent management strategy.
Constant communication with stakeholders - potential employees. Involving
employees (by usage of new technologies, social media, chats, video
conferences, etc.). Video transmissions to present production processes, etc.
to make stakeholders aware of technologies used within organisation to create
image of open, innovative and sustainable organisation, also among potential
employees. Organisation of meetings in organisation’s premises for students,
graduates, members of professional association, etc.
. Encourage outstanding
talents to participate in recruitment and selection as a key goal of employer
branding. The process of creation the image of employer may meet that goal.
Nevertheless implementation of recruitment and selection may also support
employer branding activities aimed at creation of employer image since the way
organizations conduct the procedures in this area may influence and even create
their perception among candidates. The way the candidates are treated during
the process (respectful or not attitude, keeping promises concerning feedback
from the process, etc.) may result in positive or negative opinions about
employer that they will spread among other people in their environment.
. Maintain talents is
important also in the aspect of managing employers. It supports work friendly
atmosphere that influences effectiveness, creativity, satisfaction and
involvement. It can be obtained by effective internal communication. Each
employer should know what are the expectations towards him/her and should be
aware of organisation goals. Feedback and freedom definitely affect relations
with superiors (immediate supervisors may reveal potential of subordinates or,
oppositely, eliminate it). Employers satisfaction, including talents retain,
may also be affected by motivation system, team spirit building, career
planning and others (indicated in table 1). Each activity should be elaborated
basing on goals and expectations of employees). All actions aimed at retaining
of satisfied talents affect creation of organisation’s identity as an employer.
. Managing retreatment and
contacts with talents (monitoring of satisfaction level) and outplacement since
high level of staff fluctuation and unfair dismissals influence internal and
external image of an organization. The way organisations cooperate with their
employers may be perceived as a type of exam of its corporate culture. Looking
after dismissed employers should not be considered only in ethical dimension
but also as a kind of investment in image and an organisation’s market position
and motivations of employers [7]. Therefore outplacement may affect image of an
employer significantly and its perception by employers (supporting their sense
of security, creation of atmosphere of respect and trust), among dismissed
employers who may affect perception of an organization outside (as organization
that looks after employers, even in case they are dismissed, or organization
that careless about its employers) as well as other stakeholder (information
that an organization looks after employers even in situation of their dismissal
causes its more positive perception in the uncomfortable situation).management
affects image of an organisation significantly. It may be perceived as employer
that is worth to cooperate with as well as ethical and fulfilling its duties enterprise
that influence its environment (through affecting local societies). That all
elements compose the holistic image of an organization among its internal and
external stakeholders.branding and internal marketing in Poland
Baruk [2] indicates that Polish
entrepreneurs are not very eager to introduce internal marketing because of two
main reasons. She claims that the first cause may be found in the economical
situation for many years price was a main tool of competitiveness in Poland
because of limited incomes of customers but at the end of 90s in the 20th
century changes could be observed in Polish customer’ behaviour including needs
differentiations. At this point more sophisticated marketing actions were
invested in. As in the last few years economic slowdown took place, also
entrepreneurs reacted by aiming at price strategies again. Baruk reckons lack
of adequate theoretical and practical knowledge as the second cause of limited
usage of internal marketing concept in Polish enterprises - interdisciplinary
character of IM requires specialist knowledge covering issues as sociology,
marketing, HR, management and the theory of
organisations.
At the same time research revealed
that Polish organisations perceive employer branding as important element of their
strategies. The report prepared by HRM Institute in 2013 contains results of
research conducted among 145 Polish companies (representing mainly: FMCG sector
- 11%, production - 11%, IT - 11%, consulting - 10%). They perceive upcoming
years as challenging for employers and indicate economy factors (32%), lack of
talents (17%), as well as technological issues and skills of employers, as
forces influencing their situation in near future. They have problems with
attracting experienced and skilled candidates (39%), people who are involved in
their work (22%), candidates who fit in organisation’s culture (20%) and who
are willing cooperate longer with their organisations (16%). Moreover when
asked if a company may lose market shares if does not employ appropriate people
- most of respondent (55%) confirmed the statement, at the same time 30%
contradicted it [4].problems, as well as
increasing awareness of the need for talent management, and internal marketing
and in result employer branding cause augmented demand for knowledge and good
practices examples. In the quoted research 24% declared disposal of clear EB
strategy that is the number more than 100% higher than a year earlier. 30% have
a strategy under reconstruction and development, 25% is preparing the strategy.
Employer branding strategies are mainly placed in competences of HR department
(54%) or marketing departments (18%), at the same time in some organizations
new departments dedicated to employer branding and talent management are
established more and more often.employers perceive employer branding as
strongly beneficially for organizations, especially in the following aspects
(indicated by their significance): abilities to attract talents, unified
communication system, higher level of employers involvement, lowering costs of
recruitment, lower staff rotation, better adjustment of candidates to corporate
culture, perception as an ideal employer, enhancement of market of talents
awareness.of an organisation is one it’s the most valuable sources. There are
many factors that affect it. One of them is it’s perception as an employer. As
research indicate customers expect that providers of products they purchase
create new jobs and treat their employees respectfully and fair [17].branding
is a strategy that can affect functioning of an organization as a whole as it
involves actions qualifies as talent management, internal marketing, PR, CSR
and other elements of marketing and communication. This multidisciplinary
attitude of employer branding require combining different efforts undertaken by
organization - not only HRM but also marketing. Only well planned and unified
strategies implemented in the indicated areas may support employer branding and
competitive advantage gaining.
PRECONDITIONS AND PERSPECTIVES OF UKRAINIAN
ENERGY MARKET DEVELOPMENT
Katerina
Oleksandrivnastudent,Technical University of Ukraine "Kyiv Politecnic
Institute",
Ukraine
In this article it was examined the
Ukrainian united energy system (UES) history formation, it was defined the
preconditions of development. It was analyzed the global experience of the
electricity markets functioning, also it is determined that the current trend
of energy markets characterized by the monopolization and the deregulation. The
rate of transition (evolution) from a monopoly to a competitive model of the
electricity market is different for otherwise countries. In the context of
global integration processes, Ukraine should develop and choose for themselves
the electricity market model, according to its capacity and needs. The adopted
Ukrainian Law, that regulates the functioning of the electricity market,
involves the shift from model of «single
buyer» to the model of
bilateral contracts and balancing market.: energy balance,
model, united power system (UPS), electricity market.
Introductіon.
Social and economic stability of society, the quality ensuring and improving of
life is largely depend on the reliability and efficiency of the energy market
of Ukraine. Ukraine's power sector has sufficient power generation and advanced
network for supply of electricity to consumers, but the current problems due to
outdated technologies, depreciation of fixed assets, imperfect governance,
transparent legal framework and others, bring it to the crisis. Thus, the
urgent issue of reforming Ukraine's energy market based on liberalization in
order to create a full and competitive environment, incentives for investment,
improve the financial and economic performance. An important aspect in this
regard is also the definition of the perspectives of the Ukrainianenergy
market.
Analysіs
of
recent
researches
and
publіcatіons.
In-depth study of energy systems, the reasons for their formation, the
technological features of electricity as a commodity that determine the
features of the energy companies studied in the works of Zerkalov D.,
Kuznetsova I., Gitelman L.,Papkova B., O. Suhodolia, V. Tochilin, A. Tukenov,
V. Fortov, I. Franchuk, V. Tsaplin and others. However, at the present stage of
the electricity sector development in Ukraine as a whole and its individual
businesses in times of profound structural chang, these issues, in our view,
require in-depth study.
Prevіously
unsettled
problem
constіtuent.
Recently, because of the special importance of the energy problem in the world
today, not only engineers but also economists, historians, philosophers began
to refer to the chronological features of mastering the power of humanity.
Given the increasing restrictions on the use of energy is not reproducible is
imperative to investigate further the development of society.Energy sector and
in particular the activities of energy companies is an important link in the
chain of development and functioning of the economy of any country in the
world. At the same time, it is characterized by considerable complexity,
riskiness and social responsibility. In this regard, the state energy strategy
should focus on finding the optimal value process of liberalization of the
electricity market of Ukraine and state involvement in the regulation of the
market.іn
purpose
of
the
artіcle.
In the process of writing a scientific article were asked the following
research objectives as: the definition of the prerequisites of a modern unified
power system of Ukraine by studying the history of its development; analysis of
the global experience of the electricity markets for proposals to change the
model of the market in Ukraine.
Results
and
dіscussіons.
Unified Energy System (UES) is a rational structure of electricityproduction
and use in large areas where locatedvarious typesofthe power source, with
centralized operational and technological management [1].law determines the IPS
of Ukraine as "the totality of power, electrical and heating systems and
other energy facilities, which share a common mode of production, transmission
and distribution of electricity and heat at the centralized management of this
regime" [2]. The components of the electric power system shown in figure
1.
Figure 1.Subjects of electricity
system
general, the UPS is formed by the
"fusion" of local energy systems in a particular area. In the
territory of modern Ukraine in the first half of XX century it was formed 5
local grids: Donbasenergo (1926); Kievenergo, Krymenergoand grid of Kharkov
city (1930); Dneprenergo (1931). The first step to creating IPS was the
construction of the transmission line (TL) 220 kV length of 87 km between
Donbasenergo and Dneprenergo.1978, development of the internal electrical grid
UES of Ukraine allowed to include it in the Western grid parallel operation
with the rest of the UES of USSR.this time, Ukraine has taken, on the UES world
energy map, a strong place of powerful system with an installed capacity - 55.4
GW, the electricity in the amount of 296.3 billion kW∙h, the amount of
power consumption - 268.2 billion kW∙hand exports - 28.1 billion kW∙h.
After 1990 it was started a period of deep recession in the development of
Ukraineelectric power industry [1]., UPS Ukraine includes 4 nuclear power
plants (15 operating reactors), 14 thermal power plants, 7hydroelectric power
stations, wind electricity power stations and others; 23 thousand km of main
and cross-border electrical networks and 996thousandkm of distribution
networks. The installed capacity of power plants in 2012 is 53.8 GW (thermal -
57%, nuclear power - 25.7% , hydro - 10.2%, other - 7.1%).operator of the
Wholesale Electricity Market (WEM) of Ukraine is State Enterprise
"Energorynok" actively tryto improvethe relations with the neighboring
states enterprises that are responsible for providing parallel operation of
power systems. The existing contractual framework to ensure parallel operation
of power grids with Ukrainian neighbors in need of modernization, based on
practical experience and in order to realize the benefits of parallel operation
of systems anddue to changes in the Ukraine and neighboring countries
associated with the reform of energy markets [3].role and place of Ukrainian
energy sector on the world stage can be determined by comparing key indicators
of energy balance (Table 1).and comparing the statistics of the energy balance
of Ukraine according to the world, EU, USA and Russia, we can conclude that the
Ukrainian energy sector is "weaker". However, it has considerable
potential in this area, the development of which would lead to significant
positive changes. In addition, comparison data were taken in Bulgaria - close
neighbor of Ukraine and new member of EU - note that the energy sector of
Bulgaria lags far behind Ukrainian and trying to modernize and liberalize its
energy market in accordance with EU Directives.trends in energy markets
characterized by monopolization and deregulation. The question is only in the
pace of its implementation and in depth market reforms. The rate of transition
(evolution) from a monopoly to a competitive model of the electricity market is
different for different countries. In addition, there are various models of
market functioning, which differ not only in degree of competition, but the
terms of promiscuity models together. None of the electricity market models
does not exist in practice in its purest form. Country select of a electricity
market model depends on many factors - both managed and unmanaged.
Table 1indicators of energy balance,
2012
Indicators
|
Countries
|
Production
|
% of world production
|
Consumption
|
% of worldconsumption
|
Petroleum (million tons)
|
World
|
4015
|
100
|
3944
|
100
|
|
US
|
820
|
20,42
|
739
|
18,74
|
|
EU
|
621
|
15,47
|
511
|
12,96
|
|
Russia
|
260
|
6,48
|
132
|
|
Bulgaria
|
0,024
|
0,00
|
-
|
-
|
|
Ukraine
|
5
|
0,12
|
12
|
0,30
|
NaturalGas (billion cubic
m)
|
World
|
3455
|
100
|
3466
|
100
|
|
US
|
684
|
19,80
|
721
|
20,80
|
|
EU
|
172
|
4,98
|
472
|
13,62
|
|
Russia
|
659
|
19,07
|
473
|
13,65
|
|
Bulgaria
|
3,08
|
0,09
|
2,70
|
0,08
|
|
Ukraine
|
20
|
0,58
|
53
|
1,53
|
Coal
(million
tons)
|
World
|
7790
|
100
|
7356
|
100
|
|
US
|
932
|
11,96
|
808
|
10,98
|
|
EU
|
590
|
7,57
|
801
|
10,89
|
|
Russia
|
354
|
4,54
|
196
|
2,66
|
|
Bulgaria
|
33,4
|
0,43
|
42
|
0,57
|
|
Ukraine
|
64
|
0,82
|
1,05
|
Electricity (ТWt·h)
|
World
|
22619
|
100
|
19462
|
100
|
|
US
|
4295
|
18,99
|
3798
|
19,51
|
|
EU
|
3256
|
14,39
|
2863
|
14,71
|
|
Russia
|
1064
|
4,70
|
878
|
4,51
|
|
Bulgaria
|
47,3
|
0,21
|
29,2
|
0,15
|
|
Ukraine
|
199
|
0,88
|
151
|
0,78
|
Energy - total(Mtoe)
|
World
|
13399
|
100
|
13157
|
100
|
|
US
|
1826
|
13,63
|
2152
|
16,36
|
|
EU
|
796
|
5,94
|
1643
|
12,49
|
|
Russia
|
1325
|
9,89
|
725
|
5,51
|
|
Bulgaria
|
10,57 (2010)
|
0,08
|
17,86 (2010)
|
0,14
|
|
Ukraine
|
81
|
0,61
|
133
|
1,01
|
Compiled by the author [4-6]
In electricity sector of many
countries still remain vertically integrated state-owned monopoly companies.
Developed countries such as France and Japan do not make rapid reform of the
electricity sector. Also in the U.S. , half of the states, where electricity
prices are relatively low, with no hurry reforms, keeping the regulated
monopoly. They limited the access to electricity independent power producers
with providing separate cost accounting for areas of generation, transmission,
distribution and sale of electricity [7].the context of global integration
processes Ukraine should develop and choose for themselves (according to its
capacity and needs) electricity market model. Conceptual decision to shift from
the "single buyer" model to bilateral agreements and balancing market
(DDBR) was adopted by the Cabinet of Ministers in 2002 at the beginning of the
privatization of generating companies in Ukraine. Legislation implementing the
decision has become only recently - by the Law of Ukraine "On Principles
of the electricity market of Ukraine" dated 24.10.2013 [8]. The transition
to the new electricity market model in Ukraine will result in significant
changes in comprehensive legislation relating to this area; in organizational mechanism
functioning electricity; the regulation and management of IPS of Ukraine and
others. In addition, the direction of development cooperation of Ukraine to the
EU or Russia will also identify additional vectors of changes in the energy
sector.іons and further researches dіrectіons. The modern world has a way of
time characterized by the rapid development of globalization processes, which
aim to achieve a safe, stable, predictable state of the economy and society
around the world. Strategically important role in this process belongs to a
reliable power supply. In this area around the UPS merger goes through
appropriate transnational and transcontinental grids. In the context of global
integration of energy processes Ukraine has unique geographical and geopolitical
position between Europe and Asia, providing very favorable conditions for the
establishment of transit routes for electricity power.
ROLE OF JUDICIAL PRINCIPLES AT
CONSIDERATION OF BUSINESSES ABOUT OFFENCE OF COMPETITION LEGISLATION
Oleksiy Anatoliyovychin
economics,University of Finance and International Trade, UkraineCommittee of
Ukraine, Ukrainenorms stipulate application of and compliance with the
procedural fundamentals. This is an important element of the participants
equality principle during investigations and considerations of cases on
competition law violation. Therefore the article describes basic legal norms
that are applied by the bodies of the Antimonopoly Committee of Ukraine about
the regulation of competition.: Antimonopoly Committee of Ukraine, competition
law, violation, judicial
principles.
Introductіon.
In Ukraine there is rapid development of market economy and competitive. State
(represented by competent authorities and officials) must provide high-quality
development, in particular through the development and implementation of
government competition policy, actions and regulations of the competition.
Competitive policy in our country is a complex of organizational and legal
measures aimed at the development and protection of competition, monopolistic
tendencies and overcome the unfair competition in Ukraine, the regulation of
natural monopolies, promotion of financial, technical, information, innovation,
advisory and other support entities that provide competition and development is
carried out by authorized state bodies, local authorities and bodies of
administrative management and control. State regulation of economic competition
is carried out through a system of measures taken by the Antimonopoly Committee
of Ukraine.
Analysіs of recent researches and
publіcatіons. Implementation research the
substantive direction necessitated recourse to developments of scientists who
studied some aspects of the Antimonopoly Committee of Ukraine. In particular,
protection of competitive relationships studied L.Bila, A. Bakalinska, Y.
Zhuryk, N. Korczak, S. Kuzimina,
A. Chernelevska, I. Shumilo and others; general problems of regulatory impact
on the state 's economy looked A. Andriiko, L. Voronov, T. Kravtsov, A.
Oleschenko and others. Thus, in the present
research on administrative law issues of administrative and legal status of the
Antimonopoly Committee of Ukraine studied fragments, hence the need for the
implementation of a comprehensive scientific analysis. In addition, the contradictions
in the existing antitrust law determines the need for systemic changes in the
formation of laws and regulations.
Prevіously unsettled problem
constіtuent. The organs of the Antimonopoly
committee (farther - to Committee) begin consideration of businesses about
violation of legislation about defence of economic competition after grounds
certain the article of a 36 Law of Ukraine"About defence of economic
competition"(farther is Law) [1].The process of realization in matters
about violation of competition legislation consists of such stages: raising
action, investigation in business, decision-making, implementation of decision,
verification of decision and second thought.
Results and dіscussіons.
A
legislation about defence of economic competition, in accordance with the
article of 3 Laws, consists of Laws of Ukraine "About
defence of economic competition"
[1], "About the Antimonopoly committee of
Ukraine" [2],
"About protecting from an unfair competition"
[3]etc. Judicial norms of divisions of VI-IX of Law
regulate realization in matters about violation of legislation about defence of
economic competition, that is statutory and by Law "About defence of
economic competition" [1],
"About protecting from an unfair competition"
[3]. At the same timethe
law"About protecting from an unfair competition"
[3] contains the separate special judicial norms
that set the features of realization in matters about an unfair competition.
Separate judicial norms, that
explain the judicial norms of the marked Laws, set by Rules of consideration of
businesses about violation of legislation about defence of economic competition
[4], ratified by the order of the Antimonopoly
committee of Ukraine from April, 19, 1994 №5, registered in Ministry of Justice
of Ukraine on May, 6, 1944 after № 90/299, in the release, ratified by the
order of the Antimonopoly committee of Ukraine from June, 29, 1998 №169-р. with
next changes and additions.Article 35. Consideration of businesses is about
violation of legislation about defence of economic competition.
. Consideration of businesses is about
violation of legislation about defence of economic competitionbegun with the
acceptance of order about beginning of trial of business and closesby a
decision-making in business.
.At the trial of business about
violationof legislationabout defenceof economicto the competition organs of the
Antimonopoly committee of Ukraine:collect and analyse documents, conclusions of
experts, explanation of persons, other information that is proof in business,
and make decision in business within the limits of the plenary powers; get
explanations of persons, that participate in business, or any persons, after
their solicitor or on own initiative.order about beginning of trial of business
about violation of legislation about defence of economic competition is a
judicial document(by a judicial form), is the initial stage of competition
process, the aim of that is to define the subjects of corresponding
law-enforcement relations - participants of process - defendant, declarant,
third persons, organ of the Antimonopoly committee, define an object and
article of these relations(corresponding qualification of actions). From the
moment of acceptance of order about beginning of trial of business the
participants of process have judicial rights and judicial duties
[5].of business has for an object complete, exact
and objective establishment of all circumstances that matter for the correct
competition-legal estimation of certain act and him consequences, establishment
of fact of violation of legislation about defence of economic competition,
bringing in of violators to responsibility and removal of negative consequences
of perfect violation.in business about violation of legislation about defence
of economic competition closed by a decision-making in business in accordance
with the article of a 48 Law from the moment of closing of realization the
judicial right and duties, related to the trial of business cease in
business.the trial of business about violation of legislation about defence of
economic competition the organs of the Antimonopoly committee conduct judicial
actions. sent to establishment of actual circumstances of business.law does not
conduct a clear limit between prosecuting an inquiry in business and by an
acceptance a decision in business, including these two judicial stages of trial
of business in a term "trial of business". At the same time,
differentiation of these stages of the masses important value, taking into
account that. that a decision-making on results the trial of business Law
mainly attributes to the competense of collective organs, in what realized,
though not fully (in
the separate categories of businesses made decision the state authorized agents
of the Antimonopoly committee individually), principle of collective nature at
making decision in business. On the stage of investigation of business judicial
actions in relation to collection and analysis of proofs are conducted by the
office workers of the Antimonopoly committee, him territorial separations, what
authorized agents on it by those organs of the Antimonopoly committee, that
began the trial of business, about what registers in an order about beginning
of trial of business. In accordance with points 20' and 20 Rules of
consideration of businesses about violation of legislation about defence of
economic competition of order about beginning of trial of business are accepted
by such organs of the Antimonopoly committee - state authorized agent of the
Antimonopoly committee and administrative college of territorial separation of
the Antimonopoly committee [5].order
about beginning of trial of business about violation of legislation about
defence of economic competition can be accepted only at presence of signs of
violation of legislation about defence of economic competition, including
consequences of such violation.of legislation about defence of economic
competition is acts that encroach on by legislation about defence of economic
competition public relations. The types of such протиправних acts are envisaged
in the article of a 50 Law, articles of a 4 - 19 Law of Ukraine "About
protecting from an unfair competition"
[3]. Fixing in the law of offences means
determination of them legally meaningful signs inherent all offence of certain
kind. Mostly there are the envisaged signs of objective side of offence in the
marked Laws.for raising action is sufficientness of data that specify in the
presence of signs of violation of legislation about defence of economic
competition. Sufficient are such data, that testify to the presence of certain
actions the signs of that are envisaged in the article of a 50 Law, articles of
a 4- 19 Law of Ukraine "About protecting from an unfair competition"
[3]. Thus not necessarily, that they represented an
act full and all-round. Establishment of these circumstances is the task of the
next stage of realization in matters about violation of legislation about
defence of economic competition.action means bringing in to responsibility of
person, the acts of that have signs of statutory violation, id est person in
relation to that raised action. From the moment of acceptance of order about
beginning trial of business about violation of legislation about defence of
economic competition this person acquires judicial status of defendant. From
this moment such person is right to know in which one violation legislations
about defence of economic competition she is accused, acquires other rights for
a defendant, that can avail in compliance with the legislation for the defence,
and duties of defendant, that be under an obligation to execute. From the
moment of raising action in relation to this person - a defendant is pulled
down also corresponding judicial rights and duties corresponding organs of the
Antimonopoly committee.the moment of raising action a declarant acquires
corresponding judicial status.An order about beginning of trial of business is
sent during three working days term from the day of his acceptance.an order
about beginning of trial of business those circumstances(data) that testify to
the presence of signs of concrete violation of legislation about defence of
economic competition must be marked.article of a 39 Law of Ukraine "About defence
of economic competition" [1]
determines the circle of those persons, that participate in business and have
the corresponding judicial status envisaged, in particular, in the article of a
40 Law, articles 25, 26. 29, 31 and to 32 Laws of Ukraine "About
protecting from an unfair competition"
[3], separate norms and rules of consideration of
businesses about violation of legislation about defence of economic
competition.defendant in business is a person the acts of that contain the
signs of violation of legislation about defence of economic competition. A
person, that is marked in an order about beginning of trial of business about
violation of legislation about defence of economic competition the acts of that
contain such signs, confesses a defendant.realization in business at presence
of corresponding circumstances a defendant can be transferable. In case of
establishment during realization in business, that to responsibility must be
attracted another or a few persons, they are attracted as defendants in
business.replacement or bringing in of defendant disposing of is accepted that
organ of the Antimonopoly committee, that jurisdiction question about raising
action.or bringing in of defendant can come true only within the limits of
signs of that violation and after those actions after that begun on the right.
In another cases in relation to these persons other business must be excited in
the set order, and instead of replacement of defendant - new business is
excited in relation to other person and, if necessary, already broken in
relation to a person business is subject to closing in accordance with the
article of a 49 Law. Replacement of defendant is possible in case of his
reorganization - change of legal form of defendant, joining of him to other
person, confluence with other person.declarant is a person that gave to the
organs of the Antimonopoly committee in the set order statement about violation
of legislation about defence of economic competition.In the cases when in
accordance with an indention fifth of part of the first article of a 36 Law on
the right broken on own initiative of organ of the Antimonopoly committee on
the basis of corresponding statements and solicitors, person that handed in an
application also is a declarant.declarant public authority, organ of local
self-government, is considered also, the organ of administrative management and
control brought in that idea about violation of legislation about defence of
economic competition.a decision in business can substantially brush against
rights and interests, охоронювані by this Law. Other person, these persons are
brought over to participating of person in quality of the third persons. About
confession the third person the organs of the Antimonopoly committee of Ukraine
are accept an order, about what it is reported to the persons that participate
in business, including person confessed by the third person.confession the
third person, disposing of is accepted that organ of the Antimonopoly
committee, that jurisdiction question about raising action.that participate in
business have a right with the aim of defence of the interests to meet with
materials of business. At the same time this right for the marked persons does
not arise up from the moment of raising action, as to prosecuting an inquiry in
business, to establishment of circumstances necessary for the all-round,
complete and objective decision of business, the possible actions of persons
that participate in business must not prevent the assembly of necessary proofs,
what of them can accomplish(for example, to destroy possible proofs), knowing
yet on the initial stage of investigation in business about the yet not set
circumstances, about facilities and methods of investigation, source of receipt
of proofs and others like that. On the stage of investigation of business to
establishment of all necessary circumstances the secret of investigation is in
business kept.necessary for a correct decision matters of circumstance are set
by means of proofs. By proofs in business there can be any fact sheets that
give an opportunity to set a presence or absence of violation.article of a 41
Law of Ukraine "About defence
of economic competition" [1]
regulates the duty of finishing tellingfact sheets it is necessary to
understand not facts, but information about them. Facts are events, phenomena
of reality, that can not be added to business. Therefore at finishing telling
of presence or absence of these facts office workers and organs of the
Antimonopoly committee, persons that participate in business, even if they
perceived these events and phenomena directly, operate information about these
facts, that get from explanations of parties and third persons, explanations of
official persons and citizens, conclusions of experts and others like that.
Information about circumstances is fixed in corresponding documents in the
order set by Law.is: verbal or writing report by the face of information about
any circumstances that is subject to establishment in business.Verbal
explanations of parties, third persons, that contain data, that testify to the
presence or absence of violation, fixed in protocol.in business are also
explanations of persons, that does not participate in business and are not the
judicial figures of process of realization in business, - official or post
persons and citizens, that contain data that testify to the presence or absence
of violation. These verbal explanations are reported. Protocol must be signed
by a person that gives explanation, and at the refuse of person to sign
protocol, about it registers in protocol.the grant of explanations a person
that must give them is warned of responsibility at a grant in an incomplete
volume or unreliable information. Organs of the Antimonopoly committee,
authorized agents persons have a right to require the grant of verbal or
writing explanations by them. In this case persons it is required from that are
warned of responsibility for backing-away of information.of the Antimonopoly
committee of Ukraine on own initiative or after the solicitor of person that
participates in business, have a right to appoint examination, what an
order(The article of 43 Laws of Ukraine is "About defence of economic
competition" [1])
is accepted about.examination and setting the circle of questions, that it
follows to put before experts, the corresponding organ of the Antimonopoly
committee of Ukraine has a right to ask suggestions of parties and other
persons that participate in business. In an order about setting of examination
questions are marked, on what necessary conclusions of experts, and person that
will examine.of examination is one of judicial facilities, necessary for
establishment actual circumstances of business and comes true only under the
Law.expert is a person that owns scientific, technical, sociological, economic
or other knowledge, that for the order of organ of the Antimonopoly committee
it is incumbent to conduct examination and dates on her results conclusion.is
research on the basis of the special knowledge of material objects, phenomena
And processes, that contain information about circumstances that is subject to
establishment in business.are on results investigation and research of
businesses.In the process of trial of business about violation of legislation
about defence of economic competition the organs of Committee, in accordance
with the article of a 46 Law of Ukraine "About defence of economic
competition" [1],
have a right to give recommendations.Recommendations of organs of Committee are
subject to obligatory consideration organs or persons that they are given.are
given by those organs of Committee, that jurisdiction business about violations
in relation to those actions, concerning that recommendations are given. On
condition of implementation of positions of recommendations in case if
violation: did not result in substantial limitation or distortion of
competition, did not inflict considerable losses to the individuals or society
and it is used corresponding measures for the removal of consequences of
violation, - the organs of Committee make decision about closing of realization
in business on the basis of sex 46, 48 and indention seventh of the article of
a 49 Law of Ukraine "About defence of economic competition"
[1].completion of collection and analysis of proofs
the office workers of Committee, separation is presentation with previous
conclusions, that is introduced organs of Committee, that jurisdiction
business.a rule, the office workers of Committee, separation is one idea about
previous conclusions in business - regardless of amount of defendants.A
previous decision can be appealed in the order certain the article 60 of this
Law, in fifteen daily term from the day of his receipt. This term can not be
renewed.In case of closing of trial of business in connection with unleading to
of feasance of violation a defendant can appeal to the economic court about a
compensation by the subject of menage, that handed in an application in
accordance with part first it to become, him, losses inflicted in connection
with the acceptance of previous decision [6].previous
decision, if more short space is not marked in him, loses an action from the
day of receipt of the decision accepted on results the trial of business a
defendant.Previous decision in business by с means for the
distraction(non-admission) of negative consequences that can come for the
subjects of menage as a result of perfect violation.Initiative in relation to
the acceptance of previous decision in business belongs to the subjects of
menage, that can test such negative consequences. At the same time,
determination of expediency of application of such judicial means depends upon
the organs of the Antimonopoly committee depending on validity of requirements
of declarant.previous decision in business it can be accepted only in relation
to a defendant in business about violation of legislation about defence of
economic competition.If the feasance of violation of legislation will not be
well-proven a defendant about defence of economic competition, he is right to
appeal to the set order in a court about the compensation of menage the losses,
inflicted by implementation of previous decision of organ of the Antimonopoly
committee accepted on the statement of this subject of menage, a subject.law
does not envisage the compensation of losses a defendant from the subject of
menage on the statement of that a previous decision is accepted, in case if
decision in business about confession of defendant such, that violated a
legislation about defence of economic competition, cramps it is confessed by
invalid. In this case the inflicted damages are subject to the compensation the
Antimonopoly committee or him a territorial separation, depending on that, whose
organ made decision in business.On results consideration of businesses about
violation of legislation about defence of economic competition the organs of
the Antimonopoly committee of Ukraine make decision.business about violation of
legislation about defence of economic competition, for that on the subjects of
menage - legal or
physical entities, or on the group of subjects of menage, that confess the only
subject of menage, a fine can be imposed in accordance with the article of 52
Laws of Ukraine "About defence of economic competition"
[1] and article of a 21 Law of Ukraine "About
protecting from an unfair competition"
[3], organs of Committee, that jurisdiction
business, obliged to summon data about the profit(profit yield) of subject of
menage from realization of products(commodities, works, services) for the last
financial year, that was preceded to the year a fine is laid on in that.of
judicial principles about investigation of businesses : association two or
anymore businesses, bringing in of new defendants, stop of realization on
business and his renewal and others like that.article of a 38 Law of Ukraine
"About defence of economic competition"
[1] envisages : an association and selection of
businesses, stop of trial of business and his renewal.This article envisages
possibility of association a few the businesses in one, if it is expedient to
carry out their consideration in one realization that assists a judicial
economy. In particular, hook expediency magician place if in different
businesses in relation to different defendants the the same circumstances of
feasance of violation are set the legislations about defence of economic
competition, related to the feasance by them the same concrete violation, for
example - the anticompetition concerted actions, or violations are perfect by
them closely constrained inter se, for example, when it is perfect one
defendant of violation it is conditioned by perfect violation by the second
defendant. Businesses can unite in relation to one defendant, though after different
violations, if it is related to the necessity of establishment of far of
circumstances that matter for leading to of both violations.question about the
selection of business for separate consideration appears in the cases when
а)realization of investigation and
decision-making in business in relation to одною from a few violations or one
of defendants it is more expedient to carry out in other(territorial or
judicial) organ of the Antimonopoly committee;
б)realizationof investigation and
decision-making in relation to one of defendants it is expedient to carry out
separately with the aim of defence at his interests, for example, in relation
to a declarant in relation to perfect to them and by other subjects of menage
the anticompetition concerted actions;
с)in business after a few violations
one of them is well-proven, and leading to needs other additional
investigation;
d)in
business after a few violations of leading to of all circumstances of one of
them is the impossible to the decision economic court of constrained and by
them by the circumstances of business or to the decision a public organ related
to these circumstances ofother question that змушує to stop realization at part
of investigation of these circumstances;
e)investigation
of violations it is expedient to carry out in the process of realizationother
business that needs the association of realizations;
f)
it is set during completion of realization or decision-making on business signs
of new violation or in relation to new defendants, and the proofs collected in
business are necessary for leading to of this violation.particular,
the article 49 determines grounds at that realization is in business closed
without bringing in of person to responsibility [7].is necessary also to mark
that limitation of bringing in is to responsibility for violation of
legislation about defence of economic competition. (The article of 42 Laws of
Ukraine is "About defence of economic competition" [1]).limitation of
bringing in to responsibility register understands from the moment of feasance
of violation of legislation about defence of economic competition or from the
moment of completion of триваючого violation term after completion that
responsibility and application of approvals are eliminated.law is set two limitations
of bringing in to responsibility, depending on degrees of public harm of
violations - general and special.General limitation of bringing in to
responsibility presents five years from the moment of feasance of violation of
legislation about defence of economic competition or from the moment of
completion of триваючого violation.limitation of bringing in to responsibility
is used in the cases of bringing in to responsibility for the violations
envisaged by the points of a 1 - 12. 17-20 article of a 50 Law of Ukraine
"About defence of economic competition" [1].special limitation of
bringing in is to responsibility for the violations envisaged by the points of
a 13-16 article of a 50 Law presents three years from the moment of feasance of
violation of legislation about defence of economic competition or from the
moment of completion of триваючого violation.of bringing in is to
responsibility for violations statutory Ukraine "About protecting from an
unfair competition" [3] straight not set. It is considered that in
relation to these violations also operates general five-year term of bringing
in to responsibility, despite on the step is set a six-month term for an appeal
after the protection of the broken rights(what can be continued by the organs
of the Antimonopoly committee on a corresponding statement).of bringing in to
responsibility means a term during that a person can be attracted to
responsibility - id est, when in relation to a person the trial of business
will be begun about violation of legislation about defence of economic
competition.a time of trial of such business motion of limitation of bringing
in of responsibility is stopped. Motion of limitation begins after closing the
case about violation on the basis of the article of a 49 Law.the aim of
realization of state control after inhibition of legislation about defence of
economic competition, legislations about protecting from an unfair competition
organs the Antimonopoly committee of Ukraine is conducted by planed and not
provided for by the plan departure verifications of inhibition of legislation
about defence of economic competition during realization of economic activity
by the subjects of menage and during realization of plenary powers by
government bodies, organs of local self-government, organs of administrative
management and control in relation to the subjects of menage.2007 the organs of
Committee are conduct 798 verifications of observance of requirements of
legislation about defence of economic competition (in 2006 - 810), including
589 verifications of subjects of menage and 209 verifications of public organs.
On results these verifications consideration is begun 269 businesses about
violation of legislation about defence of economic competition and 415
recommendations are given in relation to stopping of actions(to inactivity)
that contained the signs of such offences.practice as has a source of
competitive of right outstanding value for the home system of defence of
competition, as swims out from the decisions accepted by courts on results
consideration of spores in the field of competitive relations. Thus, the norms
of competitive legislation are used courts system, in intercommunication with
other norms of legislation of Ukraine. Judicial practice presents a base for
further development and improvement of competitive legislation and is one of
instruments of realization of competition politics of the state.is without an
overstatement possible to establish, that decisions, that was accepted by the
Higher economic court and economic courts of Autonomous Republic of Crimea,
regional and bridge of Kyiv and Sevastopol the concrete businesses constrained
from adjusting spores in the field of a competition, allowed to shut out
destruction form for the last seven years of the organizational and legal
system of defence of economic competition in Ukraine, to prevent the attempts
of separate subjects of menage, by the decision of spores in economic courts,
practically to stop activity of Committee and do impossible the job of
realization of state control fixed on Committee processing after the observance
of antitrust legislation.
witnessed the mutual understanding
between the organs of Committee and courts in relation to prevention and
stopping of violations of legislation about defence of economic competition,
that found the reflection in a number of made decision courts from the
questions of application of competitivness legislation.formed is certain
positive practice at consideration in the courts of businesses about confession
invalid decisions of organs of Committee.2007 in 269 cases applied in a court
with lawsuits in accordance with the article of a 25 Law of Ukraine "About
Antimonopoly Committee of Ukraine" [2]. During a financial year 148
decisions of АМC of Ukraine that folds a 10.4% made decision for a year are
appealed in courts.
Conclusіons and further
researches
dіrectіons. Development of competitive
legislation and completion of forming of the integral system of defence of
economic competition in Ukraine are a process that is indissolubly related to
the increase of legal and enterprise culture of society. The most perfect legal
norms,state and law mechanisms are not able to provide effective enough defence
and development of competition, if ideas and values of market economy (similarly
as ideas and values of democracy, legal state and others like that) are not
perceived by society on the whole.
Therefore we must attain the that
state, when every participant of competitive relations (both businessman and
official) will realize a necessity to operate in this process only honestly and
legitimately, straight binding the conscientious competition behavior and high
competition of market economy to the increase of own and public welfare, when
it is inalienable part of his civil position.
ECONOMIC AND ENVIRONMENTAL
EVALUATION OF RECREATION UNITS IN RESIDENTIAL DISTRICTS OF SAMARA
BY USING TOTAL ECONOMIC VALUE METHOD
Shabanov Vsevolod Alexandrovich.D,
Prof.,State University of Architecture and Civil Engineering,
Russian Federationа Anna Vsevolodovna.D.,
Associate Prof.,State University of Architecture and Civil Engineering,
Russian Federationof the conditions of human life
in the city is a sufficient number of recreational facilities. Among them an
important place is occupied by recreation units in residential districts, which
are used for daily and weekly resource types of recreation, especially by
inhabitants relating to the category of citizens with limited mobility. This
paper presents the economic evaluation of recreation units in residential
districts by using the method of total economic value. The objects include a
water body (pond) and as well as green area. There were determined the direct
use value (cost of wood), as well as indirect use. There were taken into
account the following functions of recreational facility components: water
treatment, carbon dioxide sequestration and dust removing. There were compared
the costs of direct and indirect use of recreational facilities. It was also
shown the necessity to keep the visual impact of the recreational landscape
with his assessment.: recreation units in residential districts, pond,
ecological and economic assessment.. Urban recreational facilities represent an
important resource for daily and weekly cycles of recreation. Their value becomes
particularly evident during the crisis, when many citizens are deprived of the
possibility of outbound tourism as the annual cycle of recreation. Moreover the
city authorities are often burdened with recreation facilities due to their low
yield. However they are rarely considered as the object of investigation and
management. In recent years, many cities set up their program for the
development and conservation of parks and other recreational facilities as
elements of ecological framework of the city. On growing anthropogenic load on
the one hand, and the lack of control on the other reduce the capacity and
attractiveness of these very valuable for the city objects. The attempts to
perform any valuations of urban recreational facilities are often reduced to
the determination of their cadastral value, thus indicating the lack of
methodological base in this sphere.of recent researches and publications. Model
of sustainable development of recreational facility is a model of development
in which a certain level of life quality can be assured. The process of forming
of recreational facility development strategy includes as one of the stages
diagnosis and follow up studies of economic, environmental and social factors
[1]. The objects of the ecological and economic assessments in the published
works of recent years are typically suburban recreational forests [2], or
protected areas [3].unsettled problem constituent. At the present there are
three methods of assessment of recreation facilities: general economic valuable
method, replacement cost method and hedonic pricing method. However in relation
to the city's recreational facilities, especially characterizing by little
space and a modest variety of natural resources, they acquire some
features.purpose of the article. The purpose of this paper is to attempt to
apply the total economic value method to the environmental and economic
assessment of recreation units in residential districts on the example of
Samara.and discussions. For the study we selected two recreational facilities,
including ponds and green spaces. Both ponds were established on ravines on
similar technologies. This allows one to assume conditionally equal to their
replacement cost.of research facilities located on the Novovokzalnaya Str./
Karl Marx Str.(Samara) [4]. Pond has a length of 60 m, width 35 m, average
depth - 1.5 m. Green areas are presented poplars (3 pc.), willows (9 pc.),
maples (26 pc.), elms (15 pc.). The pond was created in the XIX century aiming
to supply with water villagers of Tomashev Kolok [5]. It is Located among
low-rise housing [6].second object is located in the town of Zhiguliovsk
(Samara region) on the territory of the park 40th anniversary of the Komsomol
[7]. Pond has a length of 105 m, width 42 m. Green plantings are presented with
poplars (174 pc.) and birch (13 pc.).method involves taking account of the
economic value of the cost of direct use, indirect use and non-use.
1 - Characteristics of recreational
facilities
|
Novovokzalnaya Str./ Karl Marx
|
Zhiguliovsk
|
Total area, ha
|
0,7
|
1,2
|
Area of the pond, ha
|
0,2
|
0,5
|
Area of shallow water, ha
|
0,04
|
0,05
|
Area of green spaces, ha
|
0,3
|
0,7
|
:
- calculating the
direct use of the price of 1 m3 of firewood is taken to be 1.4 thousand rubles
(according to open sources in 2013);
- calculating the
annual carbon sequestration: sequestration of carbon dioxide 1 hectare green
space - 8 kg/h, the duration of the growing season - 5 months, the price of the
deposit of carbon dioxide - 10 EUR/t, 1 euro = 45.8 rubles. (data of the Moscow
Interbank Currency Exchange on 30.06.2014);
- calculating the
water treatment functions: construction cost of artificial wetland assumed
equal to 2 mil. rubles/ha;
- cleaning the air
(dust removal): The number of captured dust for 1 hectare of green space - 50
t, cost of 1 t of dust removing by using industrial equipment such as cyclone -
1.5 thousand rubles/t.are presented in Table 2.
2 - To the calculation of the total
economic value of recreational facilities
Components of total economic value
|
Novovokzalnaya Str./ Karl Marx
Str.
|
Zhiguliovsk
|
Cost of the direct use, thousand
rubles
|
296,8
|
1047,2
|
Cost of using indirect, thousand
rubles, including:
|
12,35
|
111,5
|
- annual deposition of carbon
dioxide, thousand rubles
|
21
|
49
|
- water treatment function, thousand
rubles
|
80
|
100
|
- dust removing, thousand rubles
|
22,5
|
52,5
|
Total
|
420,3
|
1158,7
|
also found it interesting to make a
comparison of the structure of general economic value for these two objects.
The results are shown in figure 1 and 2. Noteworthy is the fact that in both
cases, a substantial share - from 71 to 84% - is the cost of the direct use of
green space as firewood! Two environmental functions - annual deposition of
carbon dioxide and dust removing - in both cases amounted to 4-5%. In the
conditions of the city the last feature is of particular value. To increase its
contribution to the overall value of the object some changes in the species
composition of plantings should be made. Now they are represented only by
deciduous species, which limits the deposition of carbon dioxide and dust
removing by five months a year. Partly, within 50%, replacing them with
evergreen, sustainable urban species [8], will make it possible to fulfill this
function all the year round.treatment function is 19% for the pond on the
Novovokalnaya Str. and only 8% - for pond in Zhiguliovsk. The ability of higher
aquatic vegetation (bulrush, cattail, etc.) to reduce the amount of suspended
substances, oil and other pollutants is used in constructed. In urban settings,
the attitude to the overgrown pond is negative. Therefore, the situation
becomes paradoxical: the more effort are invested in landscaping of the pond
and its surrounding area, the less water treatment capacity and, consequently,
the more intense the process of pollution pond are achieved.
1 - Structure of
the total economic value. Pond Novovokzalnaya Str./Karl Marx Str., Samara
the functions that make up the cost
of indirect use, we have not been taken into account improving function, i.e. a
temporary reduction in days of disability for 3.5 days under the condition of
outdoor recreation for 20 days.
Figure 2 - Structure of the total
economic value. Pond in Zhigulyovsk
City recreational facilities are
important for the city and citizens not only for the functions named above. As
part of the approach were not taken into account the pleasure of communicating
with nature, eco-educational and environmental education functions of
such objects.and further researches directions.
There were made environmental and economic assessments of urban recreation
facilities that can become a part of the strategy of forming sustainable
development of recreation units in residential districts. A necessary condition
for obtaining adequate results is also taking into account the visual impact
strength of recreational landscape, for example, using the rating scale of
landscape expression [9], adapted to urban conditions.