Subject of legislative regulation and its limits in the context of regulatory regulation of prices (tariffs)

Abstract

The article examines the subject of legislative regulation and its limits in the context of regulatory regulation of prices (tariffs). The French experience of constitutional regulation and the practice of the Constitutional Council on the subject of legislative regulation are analyzed. Proposals have been made for a narrow interpretation of the parliament's right to determine the principles of domestic and foreign policy by adopting a separate law on such principles. It is assumed that the definition of the principles of domestic and foreign policy is implemented through the adoption of a special Law of Ukraine of July 1,2010 Verkhovna Rada of Ukraine "On Principles of Domestic and Foreign Policy" № 2411-VI, other laws adopted by the Verkhovna Rada of Ukraine laws (paragraph 1 of part 1 of Article 85). The conclusion on inexhaustibility of a subject of legislative regulation by article 92 of the Constitution of Ukraine is made. It is concluded that the Government has the right to exercise individual legal regulation in the field of tariffs, the relevant term is actively used in legal theory in the context of legal regulation or legal regulation mechanism and means the implementation of law enforcement. Naming of four spheres in item 3 of Article 106 of the Constitution of Ukraine (prices, finances, investments and taxes) means a single approach to them. It is hardly logical to see the price sphere in this list as a special one that has a special status from the point of view of its normative regulation, one that should be based on by-laws, while other spheres should be based on legislative regulations. In addition, the Practice of the CCU of 2004 refutes the idea of exclusively "principles" (principles, principles) in the regulation of prices and tariffs (the decision of the CCU of March 16, 2004 № 6-rp/2004) (the case of printed periodicals) and the decision of 15 April 2004 № 10-rp/2004 (case on determining the minimum price for sugar).