scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE STATE SERVICE OF UKRAINE: A HISTORICAL AND LEGAL ASPECT

2018 ◽  
Vol 0 (30) ◽  
pp. 108-113
Author(s):  
А. П. Пєров
Keyword(s):  
Legal Aspect ◽  
Legal Regulation ◽  
The State ◽  
State Service

scholarly journals Determination of the criteria of destructiveness in the activities of new religious movements (theoretical and legal aspect)

2021 ◽  
Vol 26 (4) ◽  
pp. 209-215
Author(s):  
Vera B. Romanovskaya ◽  
Bika A. Immayeva
Keyword(s):  
Legal Aspect ◽  
Social Activity ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Religious Associations ◽  
Legitimate Interests ◽  
Conducting Research ◽  
The One ◽  
Health Rights

The confessional composition of modern society is characterised by great diversity. In addition to traditional religious organisations, new (non-traditional) religious and socio-spiritual movements operate in it, representing a whole spectrum of religious, quasi-religious and pseudo-religious cults, whose teachings and practices can be both destructive and constructive. In carrying out legal regulation of the activities of religious associations, the state must, on the one hand, ensure the freedom of conscience and religion guaranteed by the Constitution, and on the other hand, protect society from destructive cults that can harm morality, health, rights and legitimate interests of citizens, the constitutional order and security of the state. Therefore, one of the most important tasks of modern social sciences, including legal ones, is the study of the spiritual «temperature» of society; conducting research aimed at identifying the causes of negative and positive processes occurring in the spiritual sphere of society, as well as determining the specifics of non-traditional religiosity as a special form of social activity. Based on the analysis and interpretation of rich empirical material, the authors formulated a list of criteria by which one can separate destructive (totalitarian) sects from new religious or intellectual (spiritual) movements of a positive nature. The proposed list of criteria can be used by law-making and law enforcement bodies in the framework of improving the legal regulation of the activities of religious associations and building state-confessional policy in general.

scholarly journals MINIMIZATION OF PROBLEM LOANS IN BANKS: ECONOMIC AND LEGAL ASPECT OF STATE REGULATION

2021 ◽  
Vol 2 (37) ◽  
pp. 47-54
Author(s):  
O. Kostyuchenko ◽  
M. Stefanchuk ◽  
D. Korobtsova ◽  
O. Soniuk
Keyword(s):  
Life Cycle ◽  
Government Regulation ◽  
Legal Aspect ◽  
Banking System ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Negative Consequences ◽  
Political Crises ◽  
State Coercion

Abstract. The authors of the article have studied the problem of managing non-performing loans within loan portfolios. It has been substantiated that Ukraine as a developing country is in such socio-economic conditions of development that increase credit risks for banks. Numerous studies of the determinants for the formation of loans portfolios in countries with different levels of economic development demonstrate that developing countries are prone to negative consequences that lead to insolvency of debtors in case of a drop in the GDP, inflation, legal uncertainty, political crises, etc. The lack of long-term experience of banks in solving problems of increasing the share of non-performing loans in banks’ portfolios demonstrates that minimization of such assets requires regulation at the level of the banking system, but not a separate bank. Based on statistical data, it has been demonstrated that the minimization of problem loans of banks gained significant positive dynamics only after the National Bank of Ukraine regulated the process of managing distressed assets by adopting a regulatory act. Detailing the process of legal regulation of managing distressed assets allowed banks to structure and organize the work of their divisions in accordance with the normatively defined life cycle of distressed asset in such a way that all measures taken by them affect the efficiency of their work. Using permits, prohibitions and obligations as legal means of regulating relations between banks and their debtors, those relations have become predictable, allowing banks to control the process of managing non-performing loans and make timely decisions on the use of tools to minimize the share of distressed assets of the bank. The wide choice and consistency of applying financial and legal instruments in the process of managing non-performing loans allows banks to maximize the contractual settlement of debt and address to the competent authorities for the application of state coercion to debtors. Direct prohibitions, which are provided in the procedure of writing-off impaired assets, prevent corruption manifestations in this process. However, the authors have argued that the practice of 2008—2019 in terms of managing non-performing loans of banks demonstrated that the effectiveness of this process directly depends on government regulation. If the economic preconditions for the formation of problem loans depend on various factors of objective and subjective nature, then the management of non-performing loans directly depends on the existing legal models in the state for solving this problem. The autonomy of banks and their right to independently determine their strategies for managing distressed assets does not provide the desired efficiency without the imperative intervention of the central bank. Thus, the state regulation of the life cycle of distressed assets has demonstrated its effectiveness, and thus confirmed the need for regulatory influence on the processes of minimizing non-performing loans in Ukrainian banks. Keywords: non-performing loans, distressed assets, agreement-based regulation, state influence, state coercion, legal regulation. GEL Classification G18, G21, G34, K12, K42 Formulas: 0; fig.: 2; tabl.: 0; bibl.: 12.

scholarly journals Circumstances for Committing Crimes in the Banking Sector: Normative and Legal Aspect

2020 ◽  
Vol 91 (4) ◽  
pp. 295-304
Author(s):  
V. V. Korniienko
Keyword(s):  
Criminal Behavior ◽  
Banking Sector ◽  
Central Government ◽  
Legal Aspect ◽  
Criminal Activity ◽  
Legal Regulation ◽  
The State ◽  
Banking Secrecy ◽  
National Bank ◽  
The Impact

The historical way of the development of banking business and the state of its legislative provision, which had an impact on criminal behavior in this area, has been studied. It has been noticed that the responsible officials of banking institutions, due to their high level of education, skillfully used gaps or contradictions in the legislation for the useful purposes of illegal enrichment. They quickly adapt to amendments in normative and legal regulation and invent new schemes of criminal technology. The key factors in the situation of committing crimes in the presented area are: search for opportunities for criminal enrichment by using existing powers; conspiracy of officials of commercial banks with representatives of supervisory agencies (curators from some units of the National Bank of UKraine) in order to cover up criminal activity; development of a plan of financial fraud with representatives of commercial organizations in order to steal the entrusted funds and their further legalization. Typically, such criminal “associations” try to have long-term relationships under the guise of corrupt relations with supervisors and banking secrecy in order to systematically generate illicit proceeds. In case of the risk of detecting criminal schemes, the banking institution may be brought to bankruptcy, which is used as the method to hide traces of criminal activity. Analysis of the impact of regulatory factor in the context of committing economic crimes in the banking sector is a perspective and relevant area of further research. In this regard, the development of the doctrine of forensic forecasting in conditions of instability of processes in the economy in its individual segments (lending, currency regulation), weak control over the conduct and accounting of banking transactions, etc. is of great importance. Equally important is the development of cooperation between law enforcement agencies involved in the fight against crime in the banking sector, with the units of the National Bank, the State Fiscal Service and financial monitoring; the improvement of the methodology of conducting certain types of examinations, etc. Provisions for such cooperation are enshrined in law and are in force, but some need to be revised in the light of central government reforms.

LEGAL REGULATION OF CERTAIN ADMINISTRATIVE AND ECONOMIC SANCTIONS APPLICABLE BY CIVIL SERVICE OF UKRAINE FOR TRANSPORT SAFETY

2017 ◽  
Author(s):  
Maryna Kovtun ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Economic Activities ◽  
State Service ◽  
Commercial Code ◽  
Transport Safety ◽  
Business Entities ◽  
The Individual

The article is devoted to the study of the legal nature of administrative and economic sanction and administrative and economic penalty as its type and separately considered the legality of the application of this type of sanction in a separate case by the State Service of Ukraine for Transport. The scientific positions and approaches to which the type of responsibility should be studied should be studied. It has been established that the positions of scientists are mainly divergent in two directions - some attribute them to economic and legal responsibility, while others to the administrative. The practice of depositing the State Service of Ukraine for transport on the use of an administrative- economic fine to business entities carried out within the territory of Ukraine through the absence of documents containing data of the operation of the device for registration of the registration regime and recreation of drivers (tachographs). On the regulatory and legal basis for regulating the provinces of Ukraine, and the individual provisions of the Commercial Code of Ukraine, the Law of Ukraine "On Automobile Transport", the provisions on working hours and time of rest of drivers of wheeled vehicles, approved by the order of the Ministry of Transport and Communications of Ukraine No340. From the norms of these legislation acts, it becomes clear that the audits on the availability of established tachographs and respectively documents containing data on their work on vehicles carried out internal transportation are not covered by a circle of powers of the State Service for Transport Security. It also notes that administrative courts when considering the appeal of the above-mentioned decisions took the position of the state body and misinterpret the norms of legislation, which in turn leads to the case of unfair decisions that are contrary to the requirements of legislation. It is emphasized on the need to change this false trend in order to avoid illegal interference of state authorities into economic activities of business entities.

Organizational Principles of Building Inventory Accounting in the Process of Innovation: Regulatory and Legal Aspect

2020 ◽  
pp. 274-290
Author(s):  
Olha Roieva ◽  
Keyword(s):  
Financial Reporting ◽  
Legal Aspect ◽  
Financial Statements ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Normative Documents ◽  
Building Inventory ◽  
Organizational Principles ◽  
Legal Force

The article is devoted to the study of organizational principles of inventory accounting in the process of innovation, based on the analysis and harmonization of current provisions of the main regulations that regulate inventory accounting and determine the procedure for innovation. Based on the systematization of legislative and normative legal acts, which takes into account the legal force of these normative legal acts and takes into account the powers of the state body that issued the relevant normative legal acts, a hierarchical model of normative legal regulation of accounting of inventories in the process of innovation was developed. This model is based on the regulation of inventory accounting by the state and determines the order of organization and maintenance of inventory accounting directly at the enterprise It is substantiated that the system of state regulation of inventory accounting in the process of innovation includes three levels. The first level includes regulations of higher legal force, which determine the general principles of organization of inventory accounting, its tasks, basic concepts, regulate innovation, regulate the organization and maintenance of inventory accounting in the process of innovation. The second level includes regulations that define the general principles, methodological principles of formation of accounting information on inventories and establish rules and methods of inventory accounting, reflection of inventory transactions in accounting accounts, the procedure for disclosure of information on inventories in financial statements. The third level includes regulations that set out recommendations and clarifications on certain issues of accounting for inventory transactions and control over their availability and preservation, taking into account the specifics of innovation. The content of the main normative documents that regulate the accounting of stocks and determine the basis for innovation at the appropriate levels of state regulation is analyzed. The methodological bases of formation in accounting of the information on stocks and the order of disclosure of the information on stocks in the financial reporting on the basis of national and international regulations are investigated. The study identified some inconsistencies between national and international legislation regarding the organization of accounting of inventories. Such inconsistencies relate to the scope of regulations, the procedure for recognizing inventories as assets, the composition (classification) of inventories, groups of assets not covered by the standard, approaches to valuing inventories upon receipt, disclosure in financial statements. It is substantiated that elimination of the revealed contradictions of the national and international legislation will promote perfection of system of the state regulation of accounting of stocks and will increase efficiency of management of stocks and efficiency of use of stocks in the course of innovative activity of the enterprises.

Legal principles of public administration for the invention of innovative medicines: European experience

2021 ◽  
Author(s):  
Stanislav Vasyliev
Keyword(s):  
European Union ◽  
Public Administration ◽  
Financial Support ◽  
Legal Regulation ◽  
The State ◽  
The European Union ◽  
State Service ◽  
European Legislation ◽  
European Experience ◽  
The Creation

Formulation of the problem. The creation of innovative medicines is the key to increasing the competitiveness of the pharmaceutical sector of Ukraine’s economy. Going through European integration requires bringing Ukrainian legislation, which regulates various sectors of the economy, in line with European legislation. The study of the European experience of legal regulation of medicines development is characterized by relevance. The state of the problem research. Problems of innovative activity in the field of medicines creation are investigated in scientific works of such Ukrainian scientists as V. M. Pashkov, S. V. Glibko, Yu. V. Heorgievsky, O. G. Alekseev, and T. A. Kolyada. European authors who have studied scientific activity problems in pharmacy are Philip A. Hines, Rosanne Janssens, Rosa Gonzalez-Quevedo, Ralf Arno Wess, and Constantinos Ziogas, Ivana Silvia. The purpose of the study is to develop proposals for amendments to Ukrainian legislation governing public administration in the sphere of medicines creation, taking into account the European experience. Presenting main material. State regulation of the creation of innovative medicines in Ukraine and the European Union is carried out in the following areas. The first is the creation and financial support of research institutions that develop innovative medicines. Second, the identification of research that needs public financial support on a competitive basis. Public administration bodies shall establish the procedure for registration of medicinal products or obtaining a trade license for placing a medicinal product on the market. Legislation and bylaws define the conditions for licensing the production of medicines. The differences in the legal regulation of the creation of medicines under Ukrainian and European legislation are as follows. First, in the European Union, licenses for marketing medicines are issued by the European Medicines Agency. At the same time, in Ukraine, the registration of medicines is entrusted to the Ministry of Health of Ukraine. Secondly, in the European Union, licenses for medicines production are issued by the national authorities of the EU member states. At the same time, the issuance of such licenses in Ukraine belongs to the competence of the State Service for Medicines Trafficking and Drug Control. Conclusions and prospects for further research. The implementation of European legislation governing the development of medicines may consist of further amendments to Ukrainian legislation in the field of circulation of medicines. Firstly, to consolidate the medicines registration function to the State Service for Medicines Trafficking and Drug Control of Ukraine. Secondly, to define one of the service’s tasks as providing advice to medicines developers on clinical and preclinical trials and medicines registration. It is also necessary to assess the environmental risk due to the use of a new medicinal product during its registration.

scholarly journals Legal principles of activity of the civil service of Ukraine on medicines and drug control

Legal Ukraine ◽  
2020 ◽  
pp. 8-16
Author(s):  
Kateryna Prystinska
Keyword(s):  
Drug Trafficking ◽  
State Policy ◽  
Local Governments ◽  
Medical Service ◽  
Legal Regulation ◽  
The State ◽  
Drug Control ◽  
Main Task ◽  
State Service ◽  
The Right

The article examines the activities of the State Medical Service of Ukraine in terms of consideration of their management, jurisdictional and control and supervisory component. The State Medical Service is a state body that exercises rights and responsibilities in the field of administrative and legal regulation of the use of drugs and drug trafficking. This body has the right to make decisions that are binding on certain executive bodies, local governments, officials, businesses, citizens. In order to solve complex problems related to human health and counteract the spread of illicit drug trafficking, in 2014 the State Service of Ukraine for Medicines and Drug Control was established by reorganizing the State Service for Medicines. funds and the State Drug Control Service. The main task of this structure was the implementation of state policy, which was previously carried out by the State Service for Medicines and the State Service for Drug Control. Calculations of quantitative indicators of the Regulations on this service have been carried out. Significant uneven distribution of material and shortcomings of legal technique are shown. The tasks of the State Medical Service are analyzed, which are systematized in the following areas: practice of application of legislation; state control; issuance of instructions and licenses; issuance of permits. It has been proved that the State Medical Service is responsible for implementing a set of measures to combat drug trafficking. Its structure, territorial subdivisions and state enterprises are considered. It is shown that in 2019 the State Medical Service found 2 453 violations of the law, which resulted in the termination of licenses and a ban on business activities. This structure interacts with law enforcement agencies, citizens, public and international organizations in the field of combating drug trafficking. It is noted that the State Medical Service conducts extensive international cooperation in the field of combating drug trafficking with the European Commissions and International Committees, to which information related to drug trafficking is sent on a regular basis. Key words: administrative activity, executive bodies, narcotic substances, medicines, state policy, illicit trafficking.

Historical and legal aspect of the formation and development of positive law

2020 ◽  
pp. 56-61
Author(s):  
Roman Lutskyi
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Legal Regulation ◽  
The State ◽  
Customary Law ◽  
Social Regulation ◽  
Public Authorities ◽  
Economic Relations ◽  
Positive Law ◽  
Wide Range

Description: The article is aimed to attract the attention of not only theorists, but also historians of the study of law to the fact that the latter began its evolution from «custom». It is the latter that is based on worldview recognition and submission. It was closer to justice, and therefore met the ideas of the ideal of the law as the supreme good; it provides peace, order and mutual understanding. Methodology: The research methodology is based on the principles of historicism, systemicity, scientific character, interdisciplinarity. The following methods were used: historiographic analysis, historical and genetic, terminological analysis, comparative, typological. Based on a wide range of published and substantiated studies in the field of principles of the formation of law, the authors systematized and scientifically proved the formula of causal relationships, which ultimately made a decisive influence on the development of positive law. Results: According to the authors, the current legislation, as well as the formation of the state, has passed a significant historical path of its formation and development from the primitive custom to the positive law sanctioned by the state. Moreover, in the early states, custom prevailed even with persistent and constantly strengthened attempts by public authorities to influence the legal status of society and dominate it through the judicial and administrative apparatus. This, in turn, ensured a gradual combination of various forms of legal regulation originating from society and the state. The very origins and foundations of the current legislation can be found even in the social regulation of primitive society, which was carried out with the help of customs, taboos, morality, and the like. Moreover, the basic principles of customary law as the first form of positive law were mythological and religious principles, which were also developed and supplemented in the further development of its forms. The sources of the current legislation which reflect the historical beginning of its gradual formation and development are different in certain spatial and social dimensions. As for the current legislation, it arose in the context of the gradual and prolonged formation of a socially heterogeneous society, as well as the development of social and economic relations. At the same time, the theoretical and historical conditions for the emergence of officially established modern legislation are formed through the list of social interests of strata close to the state apparatus. These circumstances made it possible to make managerial decisions that would better protect their property rights and opportunities, and helped them in the institute of positive law, which was generally binding for the whole society.

scholarly journals Irrational Ecology: A Legal Aspect

2021 ◽  
Vol 1 ◽  
pp. 38-42
Author(s):  
Gennadiy A. Volkov ◽  
Keyword(s):  
Environmental Protection ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Ozone Layer ◽  
State Regulation ◽  
The State ◽  
Legal Issues ◽  
Ozone Depleting Substances

The article reviews the legal issues of the efficiency of protection of the ozone layer of the atmosphere and the environment in general in relation to the state regulation of circulation of ozone depleting substances, namely: chlorine and chlorine containing substances having been successfully used for disinfection for several centuries; in view of the flu epidemics and the COVID-19 pandemic, the author brings forward a version that they are caused by the irrational legal regulation of environmental protection and raises the issue of the need to change the environmental protection vector in international and national laws.

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