GOOD GOVERNANCE IN THE FIELD OF ENTREPRENEURSHIP: ADMINISTRATIVE AND LEGAL MECHANISMS OF EXTRAJUDICIAL CONTROL

Abstract

The article is devoted to the study of administrative and legal mechanisms of extrajudicial control in the field of entrepreneurial activity through the prism of the concept of “good governance.” The relevance of the topic is determined by the need to modernize the system of public administration in Ukraine in the context of European integration transformations, digitalization of public governance, and post-war economic recovery, as well as by the necessity to ensure an effective balance between the regulatory powers of the state and the protection of the rights of business entities. Particular importance is attached to the development of extrajudicial control mechanisms capable of ensuring prompt, proportionate, and less conflict-oriented settlement of public law disputes in the sphere of economic activity. The purpose of the study is to determine the essence and system of administrative and legal mechanisms of extrajudicial control in the field of entrepreneurship, to analyze their compliance with the principles of “good governance,” to identify systemic problems in the functioning of the relevant mechanisms in Ukraine, and to substantiate promising directions for their improvement, taking into account European approaches to regulatory policy. The study establishes that the modern system of extrajudicial control in the field of entrepreneurship encompasses a set of interconnected mechanisms, among which a special place is occupied by administrative mediation, public consultations, regulatory impact assessment, and the activities of the Business Ombudsman. It is proved that the effectiveness of these mechanisms directly depends on the level of their institutional independence, the transparency of administrative procedures, the digitalization of interaction between business and the state, as well as the effective implementation of the principles of accountability, proportionality, and legal certainty. It is substantiated that the current model of extrajudicial control in Ukraine is characterized by fragmented legal regulation, an insufficient level of institutional support, low trust on the part of the business community, and the persistence of corruption risks within administrative procedures. The scientific novelty of the study lies in the comprehensive consideration of administrative and legal mechanisms of extrajudicial control in the field of entrepreneurship as a component of the “good governance” system and in determining their role in the formation of a modern service-oriented model of public administration. The practical significance of the results lies in the possibility of their use in the process of improving legislation on administrative procedures, developing administrative mediation, institutionalizing the Business Ombudsman, modernizing regulatory policy, and harmonizing national legislation with the standards of the European Union in the field of “Better Regulation” and the protection of the rights of business entities.