Historical and legal aspects of investment activities in the context of ukraine’s membership in the international communities
DOI:
https://doi.org/10.15587/2523-4153.2025.349944Keywords:
investment activity, history of investment legislation, international law of armed conflict, international communitiesAbstract
A comprehensive historical and legal analysis of the formation and development of investment legislation in Ukraine was carried out. And for this, the legal support for investment activities in Ukraine was investigated, taking into account the requirements of regional trade agreements and international communities, of which our state is a member.
The relevance of applying the norms of international law to the regulation of investment relations in Ukraine for the purpose of effective integration into the world economic space, sustainable economic development of the state, and modernization of the national economy under martial law is substantiated. The correlation between such concepts as “European Union’s law” and “World Trade Organization’s law” is clarified.
The scientific literature devoted to issues of investment activity and its legal regulation in the context of membership in international communities is analyzed. It has been proven that in conditions of international armed conflicts, current regulatory legal acts must take into account the provisions of international humanitarian law, the World Trade Organization’s law, the European Free Trade Association’s law, and the European Union’s law about foreign investment. The content of some legal documents of international communities and regional agreements in this sphere was clarified, such as the Free Trade Agreement between Ukraine and Canada, the Free Trade Agreement between the Government of Ukraine and the Government of Montenegro.
The content of investment activity is determined in accordance with the special legislation of Ukraine and international investment practice, in particular in the agriculture. Examples of investments in accordance with the norms of international law, as well as investment measures that are incompatible with the obligation to provide national treatment to foreign entities in accordance with the Agreement on Trade-Related Investment Measures are provided.
The need to harmonize Ukrainian investment legislation with the law of international communities has been identified, because the main regulatory legal acts on investment activities in Ukraine were adopted before the country became a member of certain international organizations and have not been significantly updated in the 21st century.
This article argues that international humanitarian law is one of the legal means of overcoming the consequences of armed conflicts between states and especially martial law in Ukraine
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