Public interest in the legal regulation of large business functioning

Abstract

Today in Ukraine, there exists the legislative vacuum regarding regulations of the functioning of the large businesses, as well as the vacuum of the state policy concepts concerning large businesses of Ukraine, as of an important issue in the market economy development in our country.

The aim of the article is to research on the public interests of the State, emerging from functioning of commercial organizations of large business as subjects of economic power in the national economic system for determining the basics of legal policies of their legislative guarantees.

In most cases the public interests of State regarding the functioning of commercial organizations of large business and private interests of this business coincide. Nevertheless there exist divergences. This difference between the interests of private and public interest is what conditions the stipulation of special regime regarding large business functioning.

Among the public interests of commercial organizations of large business there can be diversified the following:

a)                 successful functioning of commercial organizations of large business;

b)                 implementation of economic competition and debarment of taking advantage of monopoly position by commercial organizations of large business;

c)                 prevention of transformation of economic power into political power and limitation of influence on governmental bodies functioning;

d)                involvement of commercial organizations of large business in world economy;

e)                 control over transfer of corporate rights of commercial organizations of large business into foreign entities, especially into sovereign funds of states and state banks of other countries;

f)                  coincidence of state economic (industrial) politics with the corporate strategy of development.