scholarly journals FINANCIAL SECURITY OF THE STATE: INTERNATIONAL EXPERIENCE IN THE STUDY OF INSTITUTIONAL AND LEGAL CAUSES OF CRISIS PHENOMENA IN THE ECONOMY

Author(s):  
M. Blikhar ◽  
N. Mykhalitska ◽  
M. Veresklia ◽  
I. Komarnytska ◽  
G. Koziar

Abstract. The article maps out the topical issue of reinforcing the financial and economic security of our country by switching from uncritical compliance with standard requirements of financial institutions affecting the provision and amount of international loans to development of own economic policy on the basis of rethinking the reasons for the unsatisfactory state of the financial and economic security of Ukraine. The purpose of the article is to study the issue of increasing the sustainability of the financial system of Ukraine taking into consideration foreign experience and to determine the main direction of its provision with the emphasis on the priority development of the real sector of the economy. The financial security issue has become of paramount importance and relevance not only for Ukraine but for other countries as well. The study of foreign experience showed that stagflation of the 1970s provoked an erroneous neoliberal economic reaction. Policy responses were focused on deregulation of markets, in particular labour and financial markets, on the one hand, and on achieving the price stability instead of full employment on the other hand. This neoliberal «counterrevolution» created the conditions for the emergence of «financialization» or «finance-dominated capitalism» since the early 1980s first in the USA and Great Britain and then spread around the world. Over the past 30 or so years, finance began to dominate the industry, and non-financial corporations are increasingly engaged in financial rather than production activities. For instance, in Japan it resulted in the Great Recession. In Ukraine such policy has been implemented since the early 2000s under the influence of IMF requirements. As a result, the economy has lost the ability to provide a decent standard of living for the population and encouraged the labour migration and the increase of debt burden which was practically unavoidable without catastrophic consequences for state sovereignty. It is proposed to redirect the economic policy of Ukraine from spontaneous development of the «mechanism of financialization» to the creation of a mechanism for the development of real economy and effective creation of high-wage jobs complemented by the social responsibility of entrepreneurs and improving the regulatory requirements for legal regulation of public relations related to ensuring the financial security of the state. Keywords: financial security, gross external debt, liability, social responsibility, law, labour migration; employment of population, budget deficit. JEL Classification Е02, H63, K10, M14, O11 Formulas: 0; fig.: 2; tabl.: 1; bibl.: 26.

Author(s):  
I. Nastasiak ◽  
O. Baik ◽  
O. Zaiats ◽  
N. Mykhalitska ◽  
M. Veresklia

Abstract. The problem of elaborating the comprehensive state policy on regulatory and legal provision of the financial security at all levels of economy is significantly important for Ukraine. It is crucial to ensure development and implementation of the legislative framework that would determine the types of internal and external threats to the stability of financial activity and the means of counteracting these threats; the full power and responsibility of state authorities concerning the financial and legal regulation aimed at warranting order in financial sphere; the mechanism of financial control organization as the means of preventing financial offences. The aim of the research is to outline the essence of new threats to the economic and financial security of the state under modern economic conditions and search for the required mechanisms and means of regulatory and legal provisioning of the financial security of Ukraine. In the course of research, the general scientific and theoretical methods have been applied. These include systemic analysis (for defining the object and the subject of research); abstract and logical method (for preparing the scientifically justified generalizations and conclusions about the essence, the mechanism of provisioning financial security of the state, and the factors that designate it); graphic method (for representing visually the mechanism of ensuring financial security of the state). The article introduces improvements to the list of modern internal and external threats to the financial and economic security of the state with respect to the immanent nature of the World Band and the International Monetary Fund. It has been emphasized that the new list of indicators and sources of initial information about the constituent components of financial security should be developed and approved because the current list was outlined in the end of 2013 and does not take into account modern realia. It is necessary to determine the functions of the Ministry of Economy of Ukraine in the realm of monitoring and regulating financial stability of the state, particularly in the real economy sector. It has been specified that scientific development of the range of problems related to the methodology and legal regulation of the state security provisioning, as well as the means and methods of preventing and mitigating the threats, is tightly connected with the development of macroprudential supervision and regulation under the aegis of the National Bank of Ukraine. The introduction of new indicators by the Bank (such as the level of non-performing loans, the financial stress index, and others) is the positive step. Nonetheless, the large quantity of private indicators interferes the process of elaborating the set of measures for financial and legal regulation of the financial security level. The new methodological approach to development of the integrated indicator of financial stability at the macro level has been suggested. The research results enable the possibility of improving the mechanism of state financial security and justifying the set of measures for its reinforcement. The review and improvement of the current legal framework in the area of financial and regulatory economic security, and development of the new integrated indicator of financial security level are necessary. Keywords: financial security; internal and external threats; legal mechanism of security provision, macroprudential regulation. JEL Classіfіcatіon: О12, Е59 Formulas: 0; fig.: 2; tabl.: 1; bibl.: 16.


Author(s):  
Oleksandra Maslii ◽  
Andrii Maksymenko ◽  
Svitlana Onyshchenko

Place of monitoring and control of risks of financial stability of the state in the system of ensuring financial security of the state was substantiated. Methods of identifying threats to Ukraine's financial security through the current and strategic analysis of financial system development indicators were considered. Tendencies of economic development of Ukraine in the context of revealing sources of threats to financial stability of the state were analyzed. Dynamic analysis of the actual values of the financial security indicators of Ukraine as a whole and its separate components had been carried out. Threats to Ukraine's financial security were identified based on comparative and trend analysis. Reasons for the critical state of debt, banking and monetary security in the financial structure and the preconditions for the emergence of systemic threats had been investigated. Systematization of risks and threats to Ukraine's financial security by its components had been carried out. Influence of systemic threats in the financial sphere on the economic security of the state was generalized. International experience of monitoring financial stability of the state was analyzed. Additional risks to the national financial system are associated with the globalization and digitization of the state financial system that are not taken into account by valid methodological recommendations for calculating the level of economic security of Ukraine were highlighted.


2020 ◽  
Vol 16 (1) ◽  
pp. 21-32
Author(s):  
Vyacheslav N. Bobkov ◽  
Natalia V. Loktyukhina

The Object of the Study. Informal employment in Russia, factors affecting the development of informal employment. The Subject of the Study. Socio-economic policy in connection with the development of non-standard forms of employment in Russia. The Purpose of the Study. Developing of proposals for the transformation of socioeconomic policy in the context of the development of non-standard forms of employment in Russia. The Main Provisions of the Article. The main factors influencing the development of non-standard forms of employment are: the development of information and communication technologies and robotics, changing consumer preferences, demographic factors, changing the quality of the workforce, institutional factors, globalization. The proposals on the directions of socioeconomic policy, necessary for a positive impact on the situation with the state and development of precarious work in Russia are substantiated. The objective of such a policy in terms of precarious work is to reduce (reduce to “no”) its risks, expand positive opportunities for the parties to labour relations and society as a whole in the context of the development of the ICT and robotization. Measures are proposed in the field of the “lifelong learning” program, state regulation of the labour market (including in terms of improving the activities of state and non-state employment services, unemployment benefits, electronic personnel management), the development of a social partnership system (primarily in terms of improving activities of trade unions), the development of external institutions affecting the labour market and employment (Tax policy, Informing on the state of legal regulation labor relations). It is advisable to update the National Project “Labour Productivity and Employment Support”, providing for the whole range of issues of promoting productive employment, due to the development of its non-standard precarized forms.


Author(s):  
Pavel Nikolaevich Dudin

The object of this article is legal regulation of the economic policy of Japan in the occupied territories of Northeast China. The subject of this research is the legal mechanism for regulating price formation in Inner Mongolia during the existence of Mengjiang State. Based on the fact that the Japanese side sought to ensure that the new political unit, i.e. the State of Mengjiang would formally comply with the attributes of an independent state, the author infers the substantive part from the economic function of the state. The goal of the article consists in carrying out a historical-legal analysis of the legal regulation of price formation in Mengjiang. The author sets the task to give characteristics to the normative legal acts of Mengjiang that pertain to price formation; reveal their meaning, content, as well as the legal and social consequences of their application. The author concludes on the effectiveness of legal instruments of economic policy implemented for controlling price formation, with reservation that the military and economic efficiency should not be confused with social and humanitarian efficiency, as it was practiced by the Mengjiang government. The author’s special contribution consists in reconstruction of the legal instruments for economic management of a large region in East Asia, as well as in updating the existing information with new facts. The scientific novelty lies in introduction into the scientific discourse of new data that was previously unknown to a broad array of researchers.


Author(s):  
Oleksii O. Kot ◽  
Nadiia V. Milovska ◽  
Leonid V. Yefimenko

The study investigates the current state and defines the methodological foundations for improving the practical training of lawyers in the context of reforming legal education by establishing the features of legal regulation of legal education and its role in the state system, identifying the main problems of modern legal education, as well as analysing foreign experience in practical training of specialists in the field of law. The study uses general scientific and special legal methods of scientific cognition, including comparative legal, philosophical and functional methods, dialectical and formal legal methods of cognition, method of analysis and synthesis. The paper established that the professional training of future specialists in the field of law is currently described by a disparity between the theoretical knowledge and practical skills of law graduates, which complicates their adaptation to practical work. The authors of this study proved that the reform of the legal training system through increasing its practical orientation, determining the state needs of legal personnel of various educational levels, internationalisation of higher education, introduction of new specialisations in accordance with the needs of various spheres of legal practice, should become the basis for the development of legal education in Ukraine. Attention was focused on the need to optimise the system of training legal personnel mainly through the introduction of new teaching methods, the approval of new educational standards, considering the corresponding progressive foreign experience in this field, provided that the accumulated experience, traditions, and principles of Ukrainian higher legal education are preserved, thereby ensuring the development of future specialists with stable practical skills of law enforcement activities. It was found that in the context of the reform of legal education, it is important to establish such requirements for the educational process that would ensure that students master not only a minimum amount of knowledge, but also practical skills because practical training of students is a mandatory component of the educational and professional programme for obtaining an educational degree. In particular, it is necessary to reorient the content and orientation of educational works of applicants for legal education, which should be focused not only on repeating or reproducing theoretical material, but also on solving specially developed practical situations. The issue of increasing the duration of internships and effective cooperation between educational institutions and employers is also important. Improving the effectiveness of training specialists in the field of law through a proportional ratio of theoretical and practical content of the educational process in legal specialities is aimed at modernising the higher legal education model in Ukraine


2020 ◽  
pp. 67-72
Author(s):  
Ye Bilousov

Problem setting. The article is devoted to the study of the peculiarities of the legal regulation of foreign trade interms of doctrinal and legislative approaches. The author analyzes the basic concepts of foreign trade policy, identifies itsmain components, as well as describes the tools for regulating foreign trade, including customs tariffs. Analysis of recent research and publications. Both domestic and foreign representatives of legal and economicsciences, such as Bachylo I., Zadykhailo D., Kleshchova S., Karvatska N., Sarkisyan L., Stavytsky L. and others, devotedtheir works to the study of the legal regulation of foreign trade. Article’s main body. Presenting main material. CTD is carried out, as a rule, at the level of enterprises (sometimesthey are natural persons-entrepreneurs). The initial principle of the CTD is a commercial calculation based on economicand financial independence and self-payment. CTD – the sphere of entrepreneurship in the system of international exchangeof goods, services, works, information and results of intellectual activity, related to the preparation and implementationof foreign trade operations and agreements. Cross-border trade and free economic zones are considered as special regimesof the CTD. Each country of the world in the framework of participation in foreign economic relations (both directly and throughnational entities of the CTD) pursues foreign economic policy, including in the field of foreign trade. The foreign economicpolicy of the state is the activity of the state aimed at the development and regulation of economic relations with othercountries. The implementation of foreign economic policy involves defining the strategic goals of the state in foreigneconomic relations in general and with individual countries and groups of countries, as well as developing methods andtools to achieve the goals and preserve the results achieved later. Foreign economic policy is aimed at the whole set offoreign economic activity, the hallmark of which is the international purchase and sale of goods and services, as well asthe international movement of material, monetary, labor and intellectual resources. Foreign economic policy is inextricablylinked with the domestic economic policy of the state. Therefore, its content is due to the tasks of expanded reproduction,which the country solves within its national economy. It can be argued that the main task of the foreign economic policyof the state is to create favorable external economic conditions for expanded reproduction within the country. Within theframework of the general foreign economic policy the state carries out: a) foreign trade policy – is the state regulation of export and import operations; b) export promotion policy – a policy aimed at selling in foreign markets goods for which the country has economicadvantages, stimulating the competitiveness of domestic enterprises with foreign ones, increasing the serial productionof competitive products in order to expand its exports (to foreign markets); c) the policy of regulating the import and export of capital. A characteristic feature of capital movements at the presentstage is the inclusion of an increasing number of countries in the process of export and import of capital. At the same time,most countries of the world market economy simultaneously act as exporters and importers of investments. The influenceof developed countries on the movement of capital is carried out, for example, by stimulating the export-import of capitalat the national and interstate levels; d) monetary policy – aims to maintain economic stability and create a solid foundation for the development ofinternational economic relations by influencing the exchange rate and currency exchange operations; e) customs policy is a set of measures taken to ensure the most effective use of instruments of customs control andregulation of trade in the customs territory, participation in trade and policy tasks to protect the domestic market, stimulatethe national economy; f) free trade policy – a policy of minimal government intervention in foreign trade, which develops on the basis offree market forces of supply and demand. Conclusions and prospects for the development. The formation and implementation of state policy in the studyarea involves the possibility and necessity (not absolute) of state intervention in economic processes in order to create aneffective and efficient system of foreign trade. Fulfillment of this task is possible only under the condition of strategicplanning and conceptualization of the principles of state-administrative influence, which, in fact, is the content and essenceof state economic policy in general and state policy in the field of foreign economic activity in particular. Understanding this issue and further resolving these pressing issues at the doctrinal (hereinafter – legislative) levelswill allow the state to be an active participant in foreign trade relations, and thus – to provide national participants in theserelations with potential markets for goods, works and services, to compete effectively in these foreign markets.


2020 ◽  
Author(s):  
Olga Gaponiuk ◽  

The article noted that financial security is a multifaceted, multifaceted, systemic phenomenon. As a system, it consists of a large number of elements, has a hierarchy of levels of the organization, able to generate new levels in the development process, while the new level back affects the previous levels, rebuilds them, resulting in a new integrity. It is determined that giving the development of the national economy taking into account its sustainable financial component is the most important task of the state economic policy, the implementation of which under the modern paradigm of financial security management is a complex and multifaceted phenomenon and recover from external negative influences. Determine the level of resilience of financial security to external negative influences.


2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.


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