The article is devoted to the legal analysis of the concept of cryptocurrency in the context of the need to harmonize its legal and economic characteristics. The economic content of cryptocurrencies has been studied, taking into account the fact that they were created specifically to perform economic functions — decentralized storage and circulation of value. It is substantiated that the presence of decentralized principles of cryptocurrency emission through mining and the existence of blockchain technologies and cryptographic algorithms do not allow the state to establish legal features of cryptocurrency through traditional legal forms of defining a certain subject as a means of payment. It was concluded that cryptocurrency couldn’t be defined as an intangible good, regulated by the Civil Code of Ukraine, because of the economic purpose of cryptocurrency as a means of circulation and preservation of value. It is proposed a legal approach to cryptocurrency, which would allow incorporating cryptocurrency into the national legal system and circulation operations, prevent shadow operations and the legalization of “dirty funds”. In this context, it is proposed to approach cryptocurrency as ejusdem generis, bringing the understanding of cryptocurrencies closer to other things. The possibility of recognizing of cryptocurrency as the right of claim characteristic of non-cash money is denied. Unlike electronic money, cryptocurrencies do not mediate the payment obligation and the right to demand. It was concluded that cryptocurrency should be defined, taking into account the theory of legal fiction, an interchangeable type of virtual asset in the form of an encrypted electronic record, the emission and accounting of which is performed decentralized on the basis of distributed ledger technology and cryptographic algorithms, which is an object of property rights and can perform circulation and accumulation functions.

The article examines the problems of reforming the judicial system, taking into account the «Concept of reforming the judicial system with the aim of improving access to justice», presented in July 2023 by the Research Service of the Verkhovna Rada of Ukraine. Positive expectations from the liquidation of commercial courts of first and second instance are denied. It is emphasized that the introduction of sections for consideration of economic disputes at local courts will lead to the degradation of judicial standards demonstrated by economic courts, including compliance with procedural terms.The possibility of solving the problem of excessive burden on local courts by increasing the burden on specialized judges, which will only lead to a decrease in the quality of justice in economic litigation, has been refuted. More reasonable measures to simplify court procedures and promote out-of-court resolution of legal conflicts, as well as to fill the numerous vacancies of local court judges, are justified.Solving the problems of the judiciary is connected with overcoming the shortcomings of the procedural codes and anti-corruption policy of the state, and not with the structuring of judicial bodies.The priority objects of judicial reform have been identified: restoration of public trust in the judicial branch of government, compliance with the deadlines for consideration of cases in the system of general and administrative courts, compliance with the principles of independence of judges from state bodies, proper financing of the court apparatus and decent remuneration for the work of assistant judges and secretaries, prevention of groundless lawsuits and self-limitation of state bodies in violating the rights of private individuals, prevention of abuse of state bodies in appealing court decisions, introduction of a mechanism for mass mediation, insufficient stimulation of alternative dispute resolution methods capable of reducing the number of court cases.It is proposed to use the experience of international commercial arbitration in the improvement of economic justice.

The article examines the principle of primacy of arbitration. It continued the doctrine of «competency of competence» and can be defined as an approach established by international legal obligations of Ukraine and special legislation on international commercial arbitration, according to which consideration of the issue on validity, effectiveness, and enforceability of an arbitration agreement must precede consideration of the corresponding claim in the state court, except for cases caused by clear disregard public order by such an agreement. It has been proven that consideration by the economic court of an separate claim to invalidate the arbitration agreement goes beyond the permissible forms of state court intervention in commercial arbitration. It is justified that the issue of the invalidity of the arbitration agreement can be considered exclusively together with the claim for the protection of the violated/disputed/unrecognized subjective right or legitimate interest of the party to the agreement. However, even in such a case, the principle of primacy of arbitration must be observed. It is substantiated that the admissibility of expanded perception by state courts of the competence to consider claims about the validity of the arbitration agreement significantly limits the competence of commercial arbitrations and creates the risk of assigning Ukraine to jurisdictions unfriendly to arbitration, contradicting the experience of the leading countries of the world, in particular France, Germany, and Britain. It is substantiated that the presentation of an independent lawsuit to the commercial court to declare the arbitration agreement invalid cannot be recognized as a proper and effective way of protecting a subjective right. It is emphasized that the right to apply to the state court with an independent demand to declare the arbitration agreement invalid should be interpreted in a restrictive way due to cases of abuse of procedural rights, when the sole purpose of initiating such cases is to delay the consideration of disputes and stop the arbitration proceedings. Key words: alternative dispute resolution, international commercial arbitration, economic courts, economic procedure, arbitration clause, invalidity of arbitration agreement, principle of primacy of arbitration, doctrine of «competency of competence», public order.

The article examines the problems of ensuring an effective mechanism for foreclosure on the debtor's share in a limited liability company. It has been established that the existing tools for overcoming conflicts in the case of the implementation of corporate rights of the debtor in the LLC do not meet the needs of executive proceedings. Taking into account the divisibility of the share, it is concluded that the preferential right to purchase the share applies to that part of the share that covers the amount of the debt, if the amount of debt of the partner of the partnership is less. than the value of the share determined in the foreclosure procedure. The possibility of converging the procedures of forced debt collection and forced withdrawal of a participant from a limited liability company has been identified. Based on this, it is proposed to establish a subsidiary procedure for the compulsory payment of the value of a share in a company by analogy with the relations regarding the exit of a participant from a company with certain features. Among these features is the emergence of the right to forced payment of the share only after the lack of effectiveness of the sale of the share in the enforcement proceedings, the need to shorten the terms of payment of the value of the share by establishing the obligation of the company to make the payment within a month after the end of the financial quarter in which the executor sent the company a demand for the distribution of the share participant This approach can make it possible to reduce the debtor's share in the company in proportion to the payment of the partner's debt by the company, without creating an additional financial burden on the company, as well as to stimulate other participants to early redemption of the debtor's share in order to prevent financial complications for joint business. It is also proposed to legislate that in the event that a participant (participants) does not exercise its preemptive right to purchase another participant's share, the participant's share is redeemed by the participant (participants) on a proportional basis without taking into account the share of the participant (participants) who waived the preemptive right. Key words: executive proceedings, economic regulation, preemptive right, corporate rights, executor, debtor, foreclosure on a share in a limited liability company.

This chapter examines the general legal framework of Ukrainian state economic policies in the sphere of investment and competition development. It presents the descriptions of the tools and role of state economic policy in solving the challenges of today, the main features of the legal framework of Ukrainian state economic policy, the directions of the legal stimulation of investments, including innovations and competition protection in the state economic policy of Ukraine, and the general perspectives of the implementation of successful foreign experience. The material is aimed at suggesting ways of improving the legislative quality of state economic policy of Ukraine in the context of developing the efficiency of law enforcement, transparency and consistency of managerial decisions, sufficiency of incentives and guarantees, anti-corruption effectiveness, access to capital, protection of corporate rights and stability of legal regulation of the economy, ensuring the balance of private and public interests.

Господарське процесуальне право: методичні вказівки для підготовки до семінарських занять / О.П. Подцерковний, Е .Г. Бойченко, Г.М. Будурова, А.О. Згама Бойченко Е.Г., Будурова Г.М./ за ред. Подцерковного О.П. – О., 2021. - 91 с.

Правове регулювання зовнішньоекономічної діяльності: навчально-методичний посібник (для студентів денної та заочної форми навчання) / Подцерковний О. П., Зятіна Д. В. Бойченко Е. Г., Попелюк В. П. – Одеса : НУ «ОЮА», 2021. – 166 с.

The article is devoted to the scientific analysis of legal nature of recommendation clarifications of Antimonopoly Committee of Ukraine. The detailed attention is paid to the thorough investigation of provisions of Recommended Clarifications of Antimonopoly Committee of Ukraine No. 39-pp August 08th, 2016 that defines the legal approaches of Anti monopoly Committee, which are recommended to apply by its official bodies while defining of fines for violation of legislation on protection of economic competition, including protection from unfair competition, in order to ensure the legal certainty and predictability of application of legal provisions. On the basis of scientific research, the conclusion is made that recommended clarifications of Antimonopoly Committee of Ukraine by their legal nature are the acts of common regulative force that are not the legislative acts, they also cannot create new legal provisions, they belong to the so called “soft law” by means of which the uniformity of interpretation and uniform rules for realization of legal provisions are ensured. The importance of recommendation as interpretation of legal provisions is highlighted, their place in the regulation of legal relations is defined. The main purpose of recommendations is to form the legal opinion of state authority abot the content and the order of execution of legal provisions. The authors make a conclusion that withdrawal of Antimonopoly Committee of Ukraine from its own legal position as to the practice of fine calculation, that is prescribed in recommended clarifications, provides the possibility to talk about the violation of one of the major principle of law — the principle of legal certainty. The proper realization of discretional competence is based on the compliance with the requirements of legality and adequacy of law enforcement decisions of empowered officials. With the purpose of improvement of current legislation, it is proposed to approve the Methodology for calculating the amount of fines by the Antimonopoly Committee of Ukraine for violation of the legislation on protection of economic competition. The adoption of such Methodological guidance for calculation of fines will increase the efficiency of national regulative provisions and goes completely in line with the provisions of Association Agreement between the European Union and Ukraine.

Господарське право : навчально-методичний посібник (для студентів денної та заочної форми навчання) / Подцерковний О. П., Добровольська В. В., Зятіна Д. В., Будурова Г. М. – Одеса : НУ ОЮА, 2021. – 166 с.

Complex and contradictory processes of modern social transformations and the need to overcome the crisis in the economy require the appropriate influence of the state and a clear system of socio-economic management through the formation and implementation of effective state economic policy. The main elements of economic policy are financial and credit, budgetary, scientific and technical, structural, social, investment, agricultural, regional, foreign economic policy. The implementation of state economic policy is considered in terms of the relationship between social problems and the state. Therefore, the purpose of the article is to study the essence, tools and methods of state economic policy in modern conditions. It is also necessary to identify the main risks and features of further development of state economic policy of individual states in a global imbalance and crisis. The theoretical part is devoted to the study of the essence of state economic policy, theoretical and practical aspects of its organization in the state, as well as tools that can be used by the state. The resulting part is devoted to the consideration of the situation, in which the world economy has found itself in 2020 in the conditions of the economic COVID-19 crisis. General forecasts have not provided to individual states because it has been impossible to predict the end of the pandemic and the return of the world to normal life. However, it is clear that the world economy has undergone irreversible processes that will synergistically affect different states in different ways. The crisis has hit a significant number of industries, including tourism, logistics, hotel business, the crisis has been felt in world markets: oil prices have collapsed, as well as the stock markets. Undoubtedly, there are areas with a rapid growth, especially the pharmaceutical industry and retail, online delivery services, IT entertainment and communications industry, information marketing business and education and training services. It is likely that the indicators of economic development in the states by the end of the year will be better than the results of the first half of the year. The basic forecast of economic world development assumes a sharp growth of the economy after a short recession after quarantine. The financial capabilities of the EU states vary considerably, but each state must pursue counter-cyclical policies aimed at stabilizing its own economy. The answer to the question of what kind of crisis response policy they can afford depends on the fiscal policy of the states before the crisis. In economically developed states, where emergency measures have been introduced, governments and central banks issue trillions of dollars in government spending, social support of citizens, and interest-free business loans to limit the economic damage of quarantine. At the same time, in Latin America and Southeast Asia, total quarantine is impossible in multi-million cities. Such states have a triple effect of suffering from the virus, the environment and poverty. States dependent on the export of natural resources and raw materials, when faced with the crisis, are forced to sell them for nothing, so they will suffer great losses. More than 150 states have set up anti-crisis headquarters and are taking anti-crisis measures. The authors have also tried to predict how largescale the global economic crisis will be for Ukraine, what consequences await it, and what measures need to be taken to overcome it.

Restrictive measures imposed by governments around the world to counter the Covid-19 pandemic undoubtedly have a negative impact on the economy. One of the instruments of the state, which makes it possible to save entire sectors of the economy, including the banking sector, from bankruptcy, is the stabilization loans of the central bank. Accordingly, the analysis of the discretionary powers of central banks and their governing bodies in issuing stabilization loans to overcome the economic consequences of the Covid-19 pandemic is relevant and timely. The authors used different scientific methods, such as the dialectical method, the method of comparison, the method of elementary-theoretical analysis and synthesis, the hermeneutic and the forecasting analysis. As a result of the study, the authors substantiated a definition of the powers of the governing body of the central bank in making decisions on the provision of stabilization loans to banks, as part of the function of the central bank to maintain the stability of the national currency and the indicative regulation of banks. The authors concluded that there is a need for an expanded approach to the limits of the discretion of the central bank, on the basis of harmonization of economic purpose of decisions on the issuance of stabilization loans to banks, in accordance with the constitution and the laws.

The legal regulation of blockchain technology in Ukraine is now in its nascent stage. Legislators are actively working in this direction, but so far there are only bills submitted for consideration by the Verkhovna Rada, or draft bills. Therefore, while using blockchain-based systems, one should be guided by general norms and international standards regarding the scope of activities of blockchain companies. This document should also consider aspects of the activities of various blockchain companies depending on their type of activity. Firstly, we are talking about defining the legal aspects of the activities of mining companies-those that provide functioning of various areas of cryptoeconomics. Secondly, cryptocurrency companies that allows exchanging, selling virtual currencies and creating platforms for cryptocurrency trading. Thirdly, ICO companies-those that attract financing through the Initial Coin Offering. Fourthly, these are companies that offer and provide services and/or goods using blockchain technology.

At the present stage of development of economic systems, a multitude of countries around the world are focused on implementing such a regulatory policy of the state that would enable sustainable development and formation of a socially oriented type of market economy, where the main goal is to ensure the welfare and high living standards of the population. Thus, the purpose of the research in this article is to identify the determinants of socially oriented state policy for the development of economic relations, respectively, the subject is to determine the strategic priorities of such policy. To achieve this purpose, the article employs general theoretical and special legal methods of research, in particular, the dialectical method of scientific cognition allowed to trace the current trends in the development of national policy, the comparative legal method allowed to perform a comparative analysis of strategic priorities of national policy in foreign countries, which reached a significant level of socio-economic development, analytical method applied in formulating generalized and elaborate conclusions based on the research findings. Based on the results of the study, the author came to the conclusion that the modern socially oriented state regulatory policy is based on the current form of state government, which determines the political regime of the country and the legislative basis for regulating the economic relations of economic entities, which operate in accordance with the formed institutional environment in the country.

Подцерковний О. П. Новий Господарський кодекс Бельгії - сучасний європейський досвід правового регулювання економіки / О. П. Подцерковний // Правові та інституційні механізми забезпечення розвитку держави та права в умовах євроінтеграції : матеріали Міжнародної науково-практичної конференції (20 травня 2016 р., м. Одеса) : у 2 т. Т. 2 / відп. ред. М. В. Афанасьєва. - Одеса : Юридична література, 2016. - С. 607-609.

Подцерковний О. П. Співвідношення диспозитивних та імперативних норм у міжнародному комерційному праві з урахуванням Віденської конвенції 1980 р. / О. П. Подцерковний // Право України. – Київ : Ін Юре. – 2016. – Вип. 5. – С. 82-92.

Подцерковний О. П. Щодо вдосконалення правових засобів стимулювання експортоорієнтованої економіки в Україні / О. П. Подцерковний // Правові та інституційні механізми забезпечення розвитку держави та права в умовах євроінтеграції : матеріали Міжнародної науково-практичної конференції (20 травня 2016 р., м. Одеса) : у 2 т. Т. 1 / відп. ред. М. В. Афанасьєва. - Одеса : Юридична література, 2016. - С. 455-457.

Державна підтримка розвитку морегосподарського комплексу України (організаційні та правові аспекти): монографія / О. М. Кібік, О. П. Подцерковний, Ю. З. Драпайло, В. О. Котлубай та ін.; за ред. О. М. Кібік, О. П. Подцерковного. – Херсон : ФОП Грінь Д. С., 2014. – 442 с.

Подцерковний О. П. Про правові проблеми системної державної підтримки суднобудівної промисловості / О. П. Подцерковний // Правове життя сучасної України : матеріали Міжнар. наук. конф. проф.-викл. та аспірант. складу (м. Одеса, 16-17 травня 2013 р.) / відп. за вип. В. М. Дрьомін ; НУ ОЮА. Півд. регіон. центр НАПрН України. - Одеса : Фенікс, 2013. - Т. 1. - С. 492-494.