Political and legal connection of institutions for providing economic competition and bankruptcy in the economic system

Abstract

The article is devoted to posing the question of the necessity of introducing a separate direction of systemological studies of functional-substantive inter-institutional communication in the system of sub-branches and institutes of economic law and legislation. The specified update is considered on the example of the institutes for the protection of economic competition, on the one hand, and the institute of insolvency and bankruptcy, on the other. In connection with this, the presence of a functional and substantive connection between them, primarily as economic categories, elements of the market-type economy system, was noted. Indeed, competitive struggle can have as its direct consequence the bankruptcy of non-competitive business entities. Bankruptcy of domestic producers can fundamentally change the characteristics of national and local markets regarding the content of competition on them.
 In this regard, the article notes the need for substantive coordination of the regulatory process of legislative support for these interacting elements of the market economy. The methodology of their autonomous standardization has exhausted its efficiency resource. Although it remains among the arsenal of “work programs”. Thus, the question arises about the basis of the integrated development of the named or many other institutions of the functioning of the market, and most importantly - the institutions of its economic and legal support.
 As emphasized in the article, such an integrated factor is the economic policy of the state, and in the context of the article – industrial policy, which largely integrates antimonopoly and competition policy. It is in the context of the tasks of the industrial policy of the state that it is possible and necessary to establish strategic and tactical functional-correlational connections that ensure the interaction of various institutions of economic law, ultimately having a common macro-object – the market economy. As for the instrumental level of the development of such coordination and interaction, we can talk about legislatively established standards of economic competition of economic entities, criteria for the monopolization of the markets of goods and services, criteria for determining individual markets and their relationships, the grounds for economic and legal liability for offenses in the field of economic competition etc.
 Legal bankruptcy procedures also have numerous “the reference points” of such interaction, in particular: means of preventing bankruptcy, legal regimes for restoring solvency, establishing special regimes of bankruptcy procedures for a number of categories of economic entities, special conditions of the debtor’s rehabilitation, etc.
 Therefore, the article emphasizes the necessity to form models of meaningful adaptivity and functional interaction of legal goals and legal means from which separate institutions of economic law are formed to ensure effective economic and legal impact on a single system-working economic organism.