Socio-economic development of Ukraine

- creation of the image of ideal employer,

- creation of the image of socially responsible and ethical organisation,

- creation of organisation identity,

- attracting the most qualified and desired candidates,

- creation of a climate for employees' identification with an organisation and its goals to increase their involvement in achievement of requested results [8].

As indicated, employer branding includes wide and interdisciplinary range of areas. It relates to: marketing, personal marketing, human resource management (HRM) and public relations (PR). One of the indicated areas, that in the authors, determines effectiveness of employer branding introduction is internal marketing.

Table 1. Goals, tools and links of employer branding concept

Internal marketing in the process of employer branding

„PR begin at home” so creation of an organisation image as an ideal employer should also be started with actions focused on internal part of an organisation. Organization's employees should be treated as first customers of an organisation. The level of their satisfaction from marketing actions should be a base to introduce the strategy externally. This attitude, to treat employees as the first customers of an organization, is called internal marketing (IM).

It can be observed that in Polish and in the world marketing literature the concept of internal marketing have been changing when areas it covers are discussed. In the first concepts their authors indicated that employees should be treated as internal customers and jobs should be interpreted as offers for that group. In 1991 Berry and Parasuraman stated that “internal marketing is attracting, developing, motivating and retaining qualified employees through job-products that satisfy their needs (...) it is the strategy of shaping job-products to fit human needs” [15]. Kozielski described internal marketing as a process of motivating and integrating employees to effective realisation of the corporation's strategy and its functions aimed at customer satisfaction [8]. Otto indicated that internal marketing results from alternative and integrated way of HR and marketing and its description must be based on assumption that an organisation is a specific market, and so marketing actions are directed inside it, concentrating on internal clients and jobs providers to improve relations in an organisation and in result customer service to increase organisation's effectiveness [13]. Piercy and Morgan pointed out that external marketing programs should be introduced internally as an adaptation of external programs. Cooper and Cronin though postulated that IM should include motivating and training to perform more effectively. In the latest concepts the opinion that internal marketing bases on the exchange between employees and organisation is presented [6].

Olsztynska, indicated that former definitions of IM had stressed the impact of personnel on customers satisfaction and loyalty as a result of relationship marketing theory recommendations. Nowadays internal marketing is interpreted wider as a tool supporting strategy changes introduction, knowledge management and ways to integrate staff in customer service effort. Another change can be observed in widening possibilities of internal marketing implementation in other sectors, apart from services providers - previously indicated as the only one where IM solutions can be introduced [13].

The internal marketing introduction though requires answering to many questions considering the following issues: responsibility matters, internal marketing range in a organisation, its position in an organisational structure and its results measurement. Very often internal marketing actions are introduced intuitively [14]. To make the IM introduction more effective the following steps should be taken and decisions made considering the following aspects: preparation of efficient internal and external communication systems; creation of organisation culture stimulating employees' involvement and collaboration; creation of joint responsibility and cooperation in the process of personnel needs satisfying and external customers' expectations fulfilling; provoking a perception of internal marketing as a complex process; treating external and internal customers as verifying utility of marketing actions [2].

All the mentioned actions are also integral in the strategy of employer branding should be perceived as actions that determine effectiveness of overal strategies, especially that marketing orientation presumes preparation of startegies basing on needs of adresees, staff in that case.

Talent management in the process of employer branding

Talent management is indicated as one of challenges for modern organisations. This attitude towards the concept can be confirmed by the following tendencies:

- ability to compete in economy based on knowledge depends on quality of skills obtained by talented employees;

- key competences are created by outstanding employees;

- demand for outstanding employees, who can combine professionalism and creativity, is increasing;

- increasing mobility of employees, ability to move from one labour market to another, especially in case of high competence specialists, force organisations to introduce new personal programs adjusted to needs, aspirations and expectations of the staff members;

- costs of obtaining qualified employers are increasing;

- indexes of fluctuation in the groups of qualifies employees are increasing[12].

It can be assumed that the process of attracting and maintaining relations with most talented employees is more and more demanding. That situation results also from changes that has been occurring in demands of employees, especially the ones from the Y generation. The group of employees who are entering the labour market are highly demanding towards employers. They are strongly concentrated on their own development, aimed at professionalism in their work environment, aware of their potential and self-conscious. As employees they are highly literate in new technological solutions and they can use them at their work. They are mobile, speaking foreign languages and not loyal - frequent changes of employers are not problematic to them. They are focused at permanent education and vocational development. They are strongly orientated on keeping the balance between private and professional life. People from the Y generation appreciate friendly atmosphere at work, they like feeling of appreciation and being praised. If employers do not meet that expectations they do not hesitate to consider changing the job [9].

Considering: demographic changes, ageing society, economy development in directions in which the lack of talents may be observed (IT for example) the assumption that employers should begin to search for adequate candidates, recognising and fulfilling their expectations is reasonable. Introduction of talent management is a key issue when attracting and keeping ideal employees is considered. Also employer branding activities may be useful in that aspect, especially the ones aimed at communicating different initiatives undertaken by organisation towards present and potential employees.

Employer branding process that completes the process of talent management requires introduction of following actions:

1. Image creation efforts placed where ideal, qualified and talented employees may be found - maintain relations with universities, research centers, alumni associations, career centers, professional associations, and organizing trainings and apprentices.

2. Attracting talents by activities aimed at implementing image of an organisation as employer. Informing public opinion about introduction of talent management strategy. Constant communication with stakeholders - potential employees. Involving employees (by usage of new technologies, social media, chats, video conferences, etc.). Video transmissions to present production processes, etc. to make stakeholders aware of technologies used within organisation to create image of open, innovative and sustainable organisation, also among potential employees. Organisation of meetings in organisation's premises for students, graduates, members of professional association, etc.

3. Encourage outstanding talents to participate in recruitment and selection as a key goal of employer branding. The process of creation the image of employer may meet that goal. Nevertheless implementation of recruitment and selection may also support employer branding activities aimed at creation of employer image since the way organizations conduct the procedures in this area may influence and even create their perception among candidates. The way the candidates are treated during the process (respectful or not attitude, keeping promises concerning feedback from the process, etc.) may result in positive or negative opinions about employer that they will spread among other people in their environment.

4. Maintain talents is important also in the aspect of managing employers. It supports work friendly atmosphere that influences effectiveness, creativity, satisfaction and involvement. It can be obtained by effective internal communication. Each employer should know what are the expectations towards him/her and should be aware of organisation goals. Feedback and freedom definitely affect relations with superiors (immediate supervisors may reveal potential of subordinates or, oppositely, eliminate it). Employers satisfaction, including talents retain, may also be affected by motivation system, team spirit building, career planning and others (indicated in table 1). Each activity should be elaborated basing on goals and expectations of employees). All actions aimed at retaining of satisfied talents affect creation of organisation's identity as an employer.

5. Managing retreatment and contacts with talents (monitoring of satisfaction level) and outplacement since high level of staff fluctuation and unfair dismissals influence internal and external image of an organization. The way organisations cooperate with their employers may be perceived as a type of exam of its corporate culture. Looking after dismissed employers should not be considered only in ethical dimension but also as a kind of investment in image and an organisation's market position and motivations of employers [7]. Therefore outplacement may affect image of an employer significantly and its perception by employers (supporting their sense of security, creation of atmosphere of respect and trust), among dismissed employers who may affect perception of an organization outside (as organization that looks after employers, even in case they are dismissed, or organization that careless about its employers) as well as other stakeholder (information that an organization looks after employers even in situation of their dismissal causes its more positive perception in the uncomfortable situation).

Talent management affects image of an organisation significantly. It may be perceived as employer that is worth to cooperate with as well as ethical and fulfilling its duties enterprise that influence its environment (through affecting local societies). That all elements compose the holistic image of an organization among its internal and external stakeholders.

Employer branding and internal marketing in Poland

Baruk [2] indicates that Polish entrepreneurs are not very eager to introduce internal marketing because of two main reasons. She claims that the first cause may be found in the economical situation for many years price was a main tool of competitiveness in Poland because of limited incomes of customers but at the end of 90s in the 20th century changes could be observed in Polish customer' behaviour including needs differentiations. At this point more sophisticated marketing actions were invested in. As in the last few years economic slowdown took place, also entrepreneurs reacted by aiming at price strategies again. Baruk reckons lack of adequate theoretical and practical knowledge as the second cause of limited usage of internal marketing concept in Polish enterprises - interdisciplinary character of IM requires specialist knowledge covering issues as sociology, marketing, HR, management and the theory of organisations.

At the same time research revealed that Polish organisations perceive employer branding as important element of their strategies. The report prepared by HRM Institute in 2013 contains results of research conducted among 145 Polish companies (representing mainly: FMCG sector - 11%, production - 11%, IT - 11%, consulting - 10%). They perceive upcoming years as challenging for employers and indicate economy factors (32%), lack of talents (17%), as well as technological issues and skills of employers, as forces influencing their situation in near future. They have problems with attracting experienced and skilled candidates (39%), people who are involved in their work (22%), candidates who fit in organisation's culture (20%) and who are willing cooperate longer with their organisations (16%). Moreover when asked if a company may lose market shares if does not employ appropriate people - most of respondent (55%) confirmed the statement, at the same time 30% contradicted it [4].

Indicated problems, as well as increasing awareness of the need for talent management, and internal marketing and in result employer branding cause augmented demand for knowledge and good practices examples. In the quoted research 24% declared disposal of clear EB strategy that is the number more than 100% higher than a year earlier. 30% have a strategy under reconstruction and development, 25% is preparing the strategy. Employer branding strategies are mainly placed in competences of HR department (54%) or marketing departments (18%), at the same time in some organizations new departments dedicated to employer branding and talent management are established more and more often.

Polish employers perceive employer branding as strongly beneficially for organizations, especially in the following aspects (indicated by their significance): abilities to attract talents, unified communication system, higher level of employers involvement, lowering costs of recruitment, lower staff rotation, better adjustment of candidates to corporate culture, perception as an ideal employer, enhancement of market of talents awareness.

Reputation of an organisation is one it's the most valuable sources. There are many factors that affect it. One of them is it's perception as an employer. As research indicate customers expect that providers of products they purchase create new jobs and treat their employees respectfully and fair [17].

Employer branding is a strategy that can affect functioning of an organization as a whole as it involves actions qualifies as talent management, internal marketing, PR, CSR and other elements of marketing and communication. This multidisciplinary attitude of employer branding require combining different efforts undertaken by organization - not only HRM but also marketing. Only well planned and unified strategies implemented in the indicated areas may support employer branding and competitive advantage gaining.

PRECONDITIONS AND PERSPECTIVES OF UKRAINIAN ENERGY MARKET DEVELOPMENT

Kuznietsova Katerina Oleksandrivna

Postgraduate student,

National Technical University of Ukraine "Kyiv Politecnic Institute", Ukraine

In this article it was examined the Ukrainian united energy system (UES) history formation, it was defined the preconditions of development. It was analyzed the global experience of the electricity markets functioning, also it is determined that the current trend of energy markets characterized by the monopolization and the deregulation. The rate of transition (evolution) from a monopoly to a competitive model of the electricity market is different for otherwise countries. In the context of global integration processes, Ukraine should develop and choose for themselves the electricity market model, according to its capacity and needs. The adopted Ukrainian Law, that regulates the functioning of the electricity market, involves the shift from model of «single buyer» to the model of bilateral contracts and balancing market.

Keywords: energy balance, model, united power system (UPS), electricity market.

Introductіon. Social and economic stability of society, the quality ensuring and improving of life is largely depend on the reliability and efficiency of the energy market of Ukraine. Ukraine's power sector has sufficient power generation and advanced network for supply of electricity to consumers, but the current problems due to outdated technologies, depreciation of fixed assets, imperfect governance, transparent legal framework and others, bring it to the crisis. Thus, the urgent issue of reforming Ukraine's energy market based on liberalization in order to create a full and competitive environment, incentives for investment, improve the financial and economic performance. An important aspect in this regard is also the definition of the perspectives of the Ukrainianenergy market.

Analysіs of recent researches and publіcatіons. In-depth study of energy systems, the reasons for their formation, the technological features of electricity as a commodity that determine the features of the energy companies studied in the works of Zerkalov D., Kuznetsova I., Gitelman L.,Papkova B., O. Suhodolia, V. Tochilin, A. Tukenov, V. Fortov, I. Franchuk, V. Tsaplin and others. However, at the present stage of the electricity sector development in Ukraine as a whole and its individual businesses in times of profound structural chang, these issues, in our view, require in-depth study.

Prevіously unsettled problem constіtuent. Recently, because of the special importance of the energy problem in the world today, not only engineers but also economists, historians, philosophers began to refer to the chronological features of mastering the power of humanity. Given the increasing restrictions on the use of energy is not reproducible is imperative to investigate further the development of society.Energy sector and in particular the activities of energy companies is an important link in the chain of development and functioning of the economy of any country in the world. At the same time, it is characterized by considerable complexity, riskiness and social responsibility. In this regard, the state energy strategy should focus on finding the optimal value process of liberalization of the electricity market of Ukraine and state involvement in the regulation of the market.

Maіn purpose of the artіcle. In the process of writing a scientific article were asked the following research objectives as: the definition of the prerequisites of a modern unified power system of Ukraine by studying the history of its development; analysis of the global experience of the electricity markets for proposals to change the model of the market in Ukraine.

Results and dіscussіons. Unified Energy System (UES) is a rational structure of electricityproduction and use in large areas where locatedvarious typesofthe power source, with centralized operational and technological management [1].

The law determines the IPS of Ukraine as "the totality of power, electrical and heating systems and other energy facilities, which share a common mode of production, transmission and distribution of electricity and heat at the centralized management of this regime" [2]. The components of the electric power system shown in figure 1.

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Figure 1.Subjects of electricity system

In general, the UPS is formed by the "fusion" of local energy systems in a particular area. In the territory of modern Ukraine in the first half of XX century it was formed 5 local grids: Donbasenergo (1926); Kievenergo, Krymenergoand grid of Kharkov city (1930); Dneprenergo (1931). The first step to creating IPS was the construction of the transmission line (TL) 220 kV length of 87 km between Donbasenergo and Dneprenergo.

In 1978, development of the internal electrical grid UES of Ukraine allowed to include it in the Western grid parallel operation with the rest of the UES of USSR.

By this time, Ukraine has taken, on the UES world energy map, a strong place of powerful system with an installed capacity - 55.4 GW, the electricity in the amount of 296.3 billion kW•h, the amount of power consumption - 268.2 billion kW•hand exports - 28.1 billion kW•h. After 1990 it was started a period of deep recession in the development of Ukraineelectric power industry [1].

Today, UPS Ukraine includes 4 nuclear power plants (15 operating reactors), 14 thermal power plants, 7hydroelectric power stations, wind electricity power stations and others; 23 thousand km of main and cross-border electrical networks and 996thousandkm of distribution networks. The installed capacity of power plants in 2012 is 53.8 GW (thermal - 57%, nuclear power - 25.7% , hydro - 10.2%, other - 7.1%).

The operator of the Wholesale Electricity Market (WEM) of Ukraine is State Enterprise "Energorynok" actively tryto improvethe relations with the neighboring states enterprises that are responsible for providing parallel operation of power systems. The existing contractual framework to ensure parallel operation of power grids with Ukrainian neighbors in need of modernization, based on practical experience and in order to realize the benefits of parallel operation of systems anddue to changes in the Ukraine and neighboring countries associated with the reform of energy markets [3].

The role and place of Ukrainian energy sector on the world stage can be determined by comparing key indicators of energy balance (Table 1).

Analyzing and comparing the statistics of the energy balance of Ukraine according to the world, EU, USA and Russia, we can conclude that the Ukrainian energy sector is "weaker". However, it has considerable potential in this area, the development of which would lead to significant positive changes. In addition, comparison data were taken in Bulgaria - close neighbor of Ukraine and new member of EU - note that the energy sector of Bulgaria lags far behind Ukrainian and trying to modernize and liberalize its energy market in accordance with EU Directives.

Modern trends in energy markets characterized by monopolization and deregulation. The question is only in the pace of its implementation and in depth market reforms. The rate of transition (evolution) from a monopoly to a competitive model of the electricity market is different for different countries. In addition, there are various models of market functioning, which differ not only in degree of competition, but the terms of promiscuity models together. None of the electricity market models does not exist in practice in its purest form. Country select of a electricity market model depends on many factors - both managed and unmanaged.

Table 1

Key indicators of energy balance, 2012

Compiled by the author [4-6]

In electricity sector of many countries still remain vertically integrated state-owned monopoly companies. Developed countries such as France and Japan do not make rapid reform of the electricity sector. Also in the U.S. , half of the states, where electricity prices are relatively low, with no hurry reforms, keeping the regulated monopoly. They limited the access to electricity independent power producers with providing separate cost accounting for areas of generation, transmission, distribution and sale of electricity [7].

In the context of global integration processes Ukraine should develop and choose for themselves (according to its capacity and needs) electricity market model. Conceptual decision to shift from the "single buyer" model to bilateral agreements and balancing market (DDBR) was adopted by the Cabinet of Ministers in 2002 at the beginning of the privatization of generating companies in Ukraine. Legislation implementing the decision has become only recently - by the Law of Ukraine "On Principles of the electricity market of Ukraine" dated 24.10.2013 [8]. The transition to the new electricity market model in Ukraine will result in significant changes in comprehensive legislation relating to this area; in organizational mechanism functioning electricity; the regulation and management of IPS of Ukraine and others. In addition, the direction of development cooperation of Ukraine to the EU or Russia will also identify additional vectors of changes in the energy sector.

Conclusіons and further researches dіrectіons. The modern world has a way of time characterized by the rapid development of globalization processes, which aim to achieve a safe, stable, predictable state of the economy and society around the world. Strategically important role in this process belongs to a reliable power supply. In this area around the UPS merger goes through appropriate transnational and transcontinental grids. In the context of global integration of energy processes Ukraine has unique geographical and geopolitical position between Europe and Asia, providing very favorable conditions for the establishment of transit routes for electricity power.

ROLE OF JUDICIAL PRINCIPLES AT CONSIDERATION OF BUSINESSES ABOUT OFFENCE OF COMPETITION LEGISLATION

Prokopov Oleksiy Anatoliyovych

PhD in economics,

Ukrainian University of Finance and International Trade, Ukraine

Antimonopoly Committee of Ukraine, Ukraine

Legal norms stipulate application of and compliance with the procedural fundamentals. This is an important element of the participants equality principle during investigations and considerations of cases on competition law violation. Therefore the article describes basic legal norms that are applied by the bodies of the Antimonopoly Committee of Ukraine about the regulation of competition.

Keywords: Antimonopoly Committee of Ukraine, competition law, violation, judicial principles.

Introductіon. In Ukraine there is rapid development of market economy and competitive. State (represented by competent authorities and officials) must provide high-quality development, in particular through the development and implementation of government competition policy, actions and regulations of the competition. Competitive policy in our country is a complex of organizational and legal measures aimed at the development and protection of competition, monopolistic tendencies and overcome the unfair competition in Ukraine, the regulation of natural monopolies, promotion of financial, technical, information, innovation, advisory and other support entities that provide competition and development is carried out by authorized state bodies, local authorities and bodies of administrative management and control. State regulation of economic competition is carried out through a system of measures taken by the Antimonopoly Committee of Ukraine.

Analysіs of recent researches and publіcatіons. Implementation research the substantive direction necessitated recourse to developments of scientists who studied some aspects of the Antimonopoly Committee of Ukraine. In particular, protection of competitive relationships studied L.Bila, A. Bakalinska, Y. Zhuryk, N. Korczak, S. Kuzimina, A. Chernelevska, I. Shumilo and others; general problems of regulatory impact on the state 's economy looked A. Andriiko, L. Voronov, T. Kravtsov, A. Oleschenko and others. Thus, in the present research on administrative law issues of administrative and legal status of the Antimonopoly Committee of Ukraine studied fragments, hence the need for the implementation of a comprehensive scientific analysis. In addition, the contradictions in the existing antitrust law determines the need for systemic changes in the formation of laws and regulations.

Prevіously unsettled problem constіtuent. The organs of the Antimonopoly committee (farther - to Committee) begin consideration of businesses about violation of legislation about defence of economic competition after grounds certain the article of a 36 Law of Ukraine"About defence of economic competition"(farther is Law) [1].The process of realization in matters about violation of competition legislation consists of such stages: raising action, investigation in business, decision-making, implementation of decision, verification of decision and second thought.

Maіn purpose of the artіcle. In this scientific article it is identified the basic legal norms that are applied by the bodies of the Antimonopoly Committee of Ukraine about the regulation of competition. Legal norms stipulate application of and compliance with the procedural fundamentals. This is an important element of the participants equality principle during investigations and considerations of cases on competition law violation.

Results and dіscussіons. A legislation about defence of economic competition, in accordance with the article of 3 Laws, consists of Laws of Ukraine "About defence of economic competition" [1], "About the Antimonopoly committee of Ukraine" [2], "About protecting from an unfair competition" [3]etc. Judicial norms of divisions of VI-IX of Law regulate realization in matters about violation of legislation about defence of economic competition, that is statutory and by Law "About defence of economic competition" [1], "About protecting from an unfair competition" [3]. At the same timethe law"About protecting from an unfair competition" [3] contains the separate special judicial norms that set the features of realization in matters about an unfair competition.

Separate judicial norms, that explain the judicial norms of the marked Laws, set by Rules of consideration of businesses about violation of legislation about defence of economic competition [4], ratified by the order of the Antimonopoly committee of Ukraine from April, 19, 1994 №5, registered in Ministry of Justice of Ukraine on May, 6, 1944 after № 90/299, in the release, ratified by the order of the Antimonopoly committee of Ukraine from June, 29, 1998 №169-р. with next changes and additions.Article 35. Consideration of businesses is about violation of legislation about defence of economic competition.

1. Consideration of businesses is about violation of legislation about defence of economic competitionbegun with the acceptance of order about beginning of trial of business and closesby a decision-making in business.

2.At the trial of business about violationof legislationabout defenceof economicto the competition organs of the Antimonopoly committee of Ukraine:collect and analyse documents, conclusions of experts, explanation of persons, other information that is proof in business, and make decision in business within the limits of the plenary powers; get explanations of persons, that participate in business, or any persons, after their solicitor or on own initiative.

An order about beginning of trial of business about violation of legislation about defence of economic competition is a judicial document(by a judicial form), is the initial stage of competition process, the aim of that is to define the subjects of corresponding law-enforcement relations - participants of process - defendant, declarant, third persons, organ of the Antimonopoly committee, define an object and article of these relations(corresponding qualification of actions). From the moment of acceptance of order about beginning of trial of business the participants of process have judicial rights and judicial duties [5].

Trial of business has for an object complete, exact and objective establishment of all circumstances that matter for the correct competition-legal estimation of certain act and him consequences, establishment of fact of violation of legislation about defence of economic competition, bringing in of violators to responsibility and removal of negative consequences of perfect violation.

Realization in business about violation of legislation about defence of economic competition closed by a decision-making in business in accordance with the article of a 48 Law from the moment of closing of realization the judicial right and duties, related to the trial of business cease in business.

During the trial of business about violation of legislation about defence of economic competition the organs of the Antimonopoly committee conduct judicial actions. sent to establishment of actual circumstances of business.

A law does not conduct a clear limit between prosecuting an inquiry in business and by an acceptance a decision in business, including these two judicial stages of trial of business in a term "trial of business". At the same time, differentiation of these stages of the masses important value, taking into account that. that a decision-making on results the trial of business Law mainly attributes to the competense of collective organs, in what realized, though not fully (in the separate categories of businesses made decision the state authorized agents of the Antimonopoly committee individually), principle of collective nature at making decision in business. On the stage of investigation of business judicial actions in relation to collection and analysis of proofs are conducted by the office workers of the Antimonopoly committee, him territorial separations, what authorized agents on it by those organs of the Antimonopoly committee, that began the trial of business, about what registers in an order about beginning of trial of business. In accordance with points 20' and 20 Rules of consideration of businesses about violation of legislation about defence of economic competition of order about beginning of trial of business are accepted by such organs of the Antimonopoly committee - state authorized agent of the Antimonopoly committee and administrative college of territorial separation of the Antimonopoly committee [5].

An order about beginning of trial of business about violation of legislation about defence of economic competition can be accepted only at presence of signs of violation of legislation about defence of economic competition, including consequences of such violation.

Violation of legislation about defence of economic competition is acts that encroach on by legislation about defence of economic competition public relations. The types of such протиправних acts are envisaged in the article of a 50 Law, articles of a 4 - 19 Law of Ukraine "About protecting from an unfair competition" [3]. Fixing in the law of offences means determination of them legally meaningful signs inherent all offence of certain kind. Mostly there are the envisaged signs of objective side of offence in the marked Laws.