CONSTITUTIONAL PRINCIPLE OF JUSTICE AS A BASIS FOR ATTRACTING FOREIGN INVESTMENTS IN UKRAINE Cover Image

CONSTITUTIONAL PRINCIPLE OF JUSTICE AS A BASIS FOR ATTRACTING FOREIGN INVESTMENTS IN UKRAINE
CONSTITUTIONAL PRINCIPLE OF JUSTICE AS A BASIS FOR ATTRACTING FOREIGN INVESTMENTS IN UKRAINE

Author(s): Nataliya Shelever
Subject(s): Economy, Constitutional Law, Law on Economics, EU-Legislation
Published by: Editura U. T. Press
Keywords: justice; foreign investments; foreign investors; justice; court; European Union; Ukraine;

Summary/Abstract: The COVID-19 coronavirus pandemic has worsened Ukraine’s economy, which was quite weak even without quarantine restrictions. The economic crisis leads to the bankruptcy of enterprises, to rising unemployment in the country. In such difficult conditions today it is advisable to attract foreign investment to improve the economic situation in the country. An obstacle to the work of foreign investors is the violation of the principle of justice in Ukraine. Therefore, the author of the article set himself the task to investigate the issue of compliance with the principle of justice in relations between the state and foreign investors in Ukraine, as there is a significant outflow of foreign investment from the state. Given the current situation, the topic of this article is particularly relevant. The author provides his suggestions for improving the investment climate in Ukraine. He emphasizes that foreign investment plays an important role in improving the economic situation. Therefore, it is necessary to create favorable conditions for foreign investors to work in the country. The positive experience of the member states of the European Union in order to implement it in domestic legislation is studied.The aim of the work is to conduct a scientific study of the implementation of the constitutional principle of justice in relations with foreign investors in Ukraine. The author set himself the following tasks: 1) to identify the reasons that cause the outflow of foreign investment from Ukraine; 2) to improve the investment climate in Ukraine to study the positive foreign experience of EU member states in order to implement it in domestic legislation; 3) provide their own proposals for the approval of the constitutional principle of justice in Ukraine’s relations with foreign investors.The methodological basis of the article is a set of methods and techniques of scientific knowledge. Their use is determined by a systematic approach, which makes it possible to explore problems in the unity of their social content and legal form. With the help of the formal-legal method the problems of realization of the constitutional principle of justice in the relations between the state and foreign investors are investigated. The method of observation made it possible to summarize the knowledge to solve the problems mentioned in the article. The method of analysis helped to identify the impact of the principle of justice on public relations in attracting foreign investment in Ukraine. Using the method of synthesis, the relationship between the facts is traced, the reasons for the outflow of investments from Ukraine are clarified. The use of the comparative law method allowed for an objective assessment of the place and role of the experience of EU member states in solving problems in Ukraine. The dialectical method provided an opportunity to reveal the contradictions between the principle of fairness and the real conditions in which investors find themselves in Ukraine. The synergetic method made it possible to establish the influence of social and economic factors on the implementation of the constitutional principle of justice and the prohibition of discrimination against foreign investors. The systematic method was used in the analysis of the implementation of European standards in national legislation. Methods of modeling and abstraction were used in the process of formulating proposals to the current legislation of Ukraine.

  • Issue Year: I/2021
  • Issue No: 2
  • Page Range: 91-99
  • Page Count: 9
  • Language: English