Tеtyana Malanchuk

List of publications: Google Scholar

Abstracts of Publications:

1. Malanchuk T.V. Administrative and legal regulation of separate forms and kinds of retail trade in Ukraine – Manuscript copyright.

Ph.D. thesis in Legal Sciences majoring in 12.00.07 – administrative law and process, financial law; information law. – Institute of State and Law named after V.M. Koretskyi of the National Academy of Science of Ukraine, Kyiv, 2015.

Complex research of administrative and legal regulation problems of retail trade in Ukraine was made in the Ph.D. thesis. Number of conceptual definitions of theorizes and conclusions, practical recommendations concerning improvement of current legislation in this sphere was proved in the thesis. Administrative and legal regulation of retail trade in Ukraine is considered by the defender of the thesis as a component of administrative and legal regulation of internal trade that is developing and needs permanent correction for the purpose of bringing legal base into balance of public needs.

Particularly it is defined that administrative and legal regulation of retail trade is made through regulation of corresponding relations in the process of product promotion from seller to final customer of this product, that is why relations where end link is customer of product, which is sold through retail trade network, need intense administrative and legal regulation for the purpose of human rights enforcement guaranteed by the Constitution of Ukraine, in other words rights on quality and safety of the product.

Characteristics of trade activity as a subject of administrative and legal regulation were determined; concept of retail trade as a subject of administrative and legal regulation was defined; mass of basic subjects of administrative and legal regulation in retail trade was determined.

It was found that in the first place the questions concerning quality and safety of food products are the most important directions in administrative and legal regulation of retail trade activity that need provision of clearer enforcement mechanism by corresponding subjects of monitoring and control functions.

It was stated that gaps in administrative and legal regulation of retail trade of food products are caused by imperfection of legal regulation of questions concerning: receipt of necessary information about sold product by customer; conformity of requirements of national and international legal standards concerning quality of food products; proper marking of food products. Necessity of regulative state influence on processes taking place on consumer market while producing and selling of products containing GMO, particularly retail trade of food products to customers was proved.

It was found that administrative and legal regulation of retail products by “second hand” and “outlet” products is absent in Ukraine at present time. It leads to limitation of implementation of appropriate monitoring and control functions by inspection body. It was indicated that effective usage of administrative and legal regulation methods of this market segment will be possible only after official determination of such forms of retail trade as “second hand” and “outlet” and legislative setting of these concepts.

It was marked that administrative and legal regulation problems of retail trade through the system of network marketing cannot be solved without appropriate legal and regulatory regulation of this market segment, because there is no definition of such concepts as “network marketing”, “financial pyramid” and all other related concepts in any normative act of Ukraine. That is why it was proposed to make corresponding changes and additions into current legislation of Ukraine concerning regulation of this trade form.

Key words: retail trade, trade activity, administrative and legal regulation, means of administrative and legal regulation, subjects of administrative and legal regulation, quality and safety of food products, organic food products, products containing GMO, measures of monitoring and control, marking of food products, “second hand” products, network marketing.

2. Malanchuk T.V. Field Competence Authorities as Subjects of Administrative and Legal Regulation of Trade Activity (Retail Trade)

This paper presents issues on: classification of subjects of administrative and legal regulation of retail trade; defining of functions and status of government authorities, optimization of their quantity in the sphere of regulation of retail trade of Ukraine; hierarchy of administration subjects that directly accomplish administrative influence on the trade activity; roles in the trade activity management and its regulation by local government authorities. 

In the context of administrative reform implementation in Ukraine, the problems of competence, structure and other peculiarities of administration subject, and also formulation of concept “subject of administrative and legal regulation” in general and “subject of administrative and legal regulation of trade activity” in particular are considered to be of high priority. To our mind, definition of such problems within the research of administrative and legal regulation of retail trade in Ukraine will help to create a basis not only for enhanced study and classification of correspondent subjects, but also define functions and status of government authorities, optimization of their quantity in the sphere of regulation of retail trade of Ukraine properly to the modern conditions.

Author focuses attention in the article on the matter of system of field competence authorities, as far as their main task consists of direct support of society needs in products or services.

Realization of state policy in the correspondent sector is put on the authorities of field competence. Administration within our research is a combination of all the subjects of trade activity by characteristics of production entity regardless of location, form of ownership and organizational and legal form, in relation to which the responsible authority of the executive branch accomplish some administrative functions.

Ministries, other central authorities of executive branch that have custody of enterprises, establishments, and other structures, and thus, lead a certain field, local authorities of these ministries, other central authorities of executive branch are considered to be authorities of field competence. Peculiarity of these authorities is the fact that organizational activity of subjects of administrative and legal regulation does not go outside the bounds of their competence, and their main task is the direct support of society needs in products or services.

Consideration of contained in article classifications of subjects of administrative and legal regulation of trade activity let us make a conclusion about existence of optimal amount of such subjects and distinct definition of their powers. But realization of set on them functions is doubtful because of the absence of distinct mechanism of realization of these functions and direct cooperation of government authorities, local authorities and civil groups while controlling and monitoring on the sphere of retail trade.

3. Malanchuk T.V. Correlation of the term “trade” and “trade activity” in the legislation of ukraine

The article is investigating the following questions: the use of different terms when defining activities related to the sale of goods in the scientific literature and legislation of Ukraine; the correlation between the termsof “trade” and “trading activity”; definition of the range of relationships covered by these concepts; the interpretation of the term of “trade” in science; definition of the term of “economic and trading activity”. Due to the lack of a unified approach to the definition of the concepts of “trade” and “trade activity”, their use in regulatory legal acts that are adopted in the field of trade creates certain difficulties when determining the range of relations covered by these concepts. The process of trade is not limited only to the purchase and sale of goods, at the same time the transporting, storing, protecting goods are taking place, the markets are being investigated, assortment and marketing policies are being conducted, the demand is being examined, etc. In our opinion in the broadest sense, trade should also be considered as a branch of national economyin our opinion. The author notes that there is every reason to assert that trading activity is exclusively business activity, that is, it is conducted in order to receive profit. Summing up the consideration of the issue of the correlation between the concepts of “trade” and “trade activity”, we shouldstate that the term “trade” is precisely the universal term that covers the terms “trade activity” and “trading operation”, since in practice the term “trade” is used to define both trade activity and trading operations. The systematic implementation of trading operation on a professional basis by business entities is recognized as trading activity. We believe that the term “trade” is broader and includes the concept of “trade activity” and “trade operations”. Trading operations can be carried out by both business entities and natural persons who are not registered as business entities. Trading operations are aimed at executing sales contracts and are not of systematic character.

Key words: trade, trading activity, economic and trading activity, executing sales contracts, legal regulation of trade.

4. Malanchuk T. V. Marking problems of organic agricultural products

The article investigates the issues concerning problems of applicable statutory and legal regulation of production and circulation of organic agricultural products; effectiveness of state policy in organic production sphere; creation of relevant control system at all stages of organic production manufacture, as well as procedure of inspection and certification of its production and processing; problems of marking of products, which are at the stage of transition period to organic production.

Key words: organic production, organic product, manufacturers of organic products, certification of organic products, certificated production, marking of organic products.

5. Malanchuk T. V. Problems of Ukrainian legislation in the sphere of administrative-legal regulation of retail trade in non-food goods, used in the use

The issues concerning the problems of Ukrainian legislation about administrative legal regulation of retail trade of used goods, in particular the issues concerning improvement of administrative legal regulation of commission trade of non-food goods and also laws of regulation of so called “second hand” trade are studied in the article.

Key words: commission trade, «second hand» trade, humanitarian aid, «second hand» licensing.