scholarly journals SupTech and RegTech initiatives: analysis of the basic characteristics and model risks

2021 ◽  
Vol 15 (4) ◽  
pp. 702-712
Author(s):  
A. V. Kurnosov

Objective: to analyze the SupTech and RegTech initiatives of central banks in the context of their essential characteristics and model risks.Methods: the work used a combination of methods of dialectical, empirical, comparative and logical research.Results: SupTech and RegTech technologies are defined; problems in the legal field existing within the framework of their use and ways to solve them are shown; model risks are assessed, in particular, the risks of adverse consequences resulting from the use of inaccuracies, errors, false assumptions and incorrect settings in models.Scientific novelty: the article identifies the model risks and suggests ways to reduce them, in particular, the risks of adverse consequences resulting from the use of inaccuracies, errors, false assumptions and incorrect settings; the work shows the need for a regulatory legal acts system and offers options for interpreting the models results.Practical significance: the main provisions and conclusions of the article can be used to develop a glossary, terms and definitions of SupTech and RegTech initiatives, the regulatory mechanisms and legal framework for their functioning, as well as to develop methods to reduce risks associated with the implementation and functioning of SupTech and RegTech initiatives.

Author(s):  
Adam Bodіuk

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.


Ekonomika APK ◽  
2021 ◽  
Vol 317 (3) ◽  
pp. 89-96
Author(s):  
Ihor Yurchenko

The purpose of the article is to reveal the experience of the functioning of the market circulation of agricultural land in Denmark, in order to further implement in Ukrainian practice, the positive and avoid negative aspects of this experience. Research methods. The study used an empirical method (comprehensive assessment of the modern model of market turnover of agricultural land in Denmark); generalization and systematization (construction of the concept and logical-structural model of economic turnover of lands); abstract-logical method (theoretical generalizations and formulation of conclusions). Research results. It was found that the tightly regulated market turnover of agricultural land in Denmark was changed to a more liberal one, with permission to buy land for foreigners, but this not only did not attract investment as expected, but on the contrary, led to even more negative and crisis phenomena in country. The main tools, mechanisms and conditions of land turnover in agriculture of this country are determined. Scientific novelty. The main purpose of regulating the market turnover of land in Danish agriculture has been established. The legal framework of Denmark for regulating the market circulation of agricultural land has been studied. The structural and logical scheme of market circulation of agricultural lands is formed. The provisions on the Ukrainian model of regulating the market turnover of agricultural lands were further developed, taking into account the experience of the studied country. Practical significance. The results of the study of the experience of the Kingdom of Denmark on the market turnover of land, in terms of granting non-residents access to the right to purchase agricultural land, is a clear practical answer and a caveat that should undoubtedly be taken into account in Ukraine. The application of the Danish experience should help to build an effective model of market turnover of agricultural land in our country. Tabl.: 1. Figs.: 1. Refs.: 18.


ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.


2020 ◽  
Vol 15 (12) ◽  
pp. 41-47
Author(s):  
A. M. Budaev

Since the adoption of the current Constitution of Russia that established the constitutional foundations of the implementation of state power and local self-government in the Russian Federation, more than 25 have passed. This period was saturated from the point of view of the formation of the legal framework of socio-political and socio-economic relations in our country. The analysis shows that local self-government is one of the basic characteristics of the Russian model of democracy. On the other hand, in recent years it is impossible not to mention the tendency to increase the efforts of federal authorities, and first of all the head of state, to maximize the involvement of local authorities of self-government in a unified political and legal field of the State. This is largely justified by the need to provide every resident of the country with equal opportunities for a comfortable and safe life. The paper formulates the author’s view concerning the changes that are taking place; and at the same time, it is proposed to continue scientific discussions regarding the development of local self-government—an institution of a modern civilized democratic state that is necessary for us all.


R-Economy ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 28-39
Author(s):  
Irina D. Turgel ◽  
◽  
Larissa L. Bozhko ◽  
Veronika T. Pandzhiyeva ◽  
◽  
...  

Relevance. Faced with globalization challenges, large modern cities need to develop their competitive advantages. One source of such advantages is clustering of urban economy. Questions dealing with cluster-based policies and classification of clusters operating on the regional and national levels have attracted much scholarly attention while there is still a research gap regarding urban cluster policies and comparison of city-based clusters. Research objective. The purpose of this study is to analyze the legal framework of cluster policies in Russia and Kazakhstan and to describe the criteria for classification and comparison of city-based clusters. Data and methods. The study used methods of systemic and comparative analysis, formalized methods of analysis of regulatory acts. The selected criteria are universal and can be used for cluster analysis in different countries. We considered strategies for socio-economic development of large cities in Russia and Kazakhstan from the official websites of city administrations as well as the regulatory acts of specific cities. Results. In both countries, clusters play a significant role in the development strategies of territories. The Russian and Kazakh governments take similar measures to support cluster initiatives. The regulatory legal acts of both countries emphasize the allocation of subsidies and co-financing of regional programs and R&D in clusters. The process of cluster creation in Russia started later than in Kazakhstan but was also more intensive. A popular specialization for clusters in both countries is information technologies and communications, which corresponds to the goals set by the national governments. Conclusions. In both countries, the number of clusters in large cities is increasing annually. Typically, clusters have 11-50 participants. In both countries, there are clusters of different specialization. Strategies for socio-economic development serve as the main documents for devising cluster policies of cities. The practical significance of the study is that it proposes an approach to classification and comparison of clusters that can be used in further analysis and for identification of cluster policy priorities.


2019 ◽  
pp. 94-100
Author(s):  
T.S. Hudima ◽  
V.A. Ustymenko

The article is devoted to identifying the peculiarities of the central bank digital currency (CBDC), explaining their impact on the monetary policy of the state, and identifying the prospects for the transformation of domestic banking legislation in connection with the implementation of the CBDC. It is noted that the scope of competence of the Central Bank and the legal basis for the issuance of the CBDC will depend on the economic and legal features of the digital currency, the degree of its impact on the monetary policy, the financial stability of the country’s economy and so on. In the process of forming the appropriate legal field and defining the conceptual apparatus in the sphere of emission and circulation of the CBDC, the peculiarities of the use of the latter in economic transactions and the specific functions not inherent in ordinary means of payment should be taken. СBDC initiatives will help: 1) progressively narrow the banking system at the level of the Central Banks (such as the Chicago Plan) by allowing individuals and businesses to deposit directly into the accounts of the Central Banks; 2) increasing confidence of economic entities and individuals in the financial system; 3) strengthening the financial stability of the economy (both domestically and globally). Granting business entities or individuals the right to store digital money directly with the Central Bank can give rise to two main directions of influence on monetary policy: first, to strengthen its transmission mechanism; secondly, lead to banks being disrupted. This may lead to some legal issues regarding (1) the NBU’s area of competence; (2) the constitutional foundations of the legal economic order (Article 5 of the ECU). In particular, it cannot be ruled out that centralization of the production, servicing, and management of the СBDC turnover may violate the principles of competition in business activities, prevent abuse of monopoly position in the market, etc. Keywords: monetary policy, central bank digital currency, financial stability, competence, legal framework, economic operations, issue.


Author(s):  
I. Mahnovskyi

Purpose. The aim of the work is to analyze in the constitutional and legal aspects public associations as a constitutional institution of public nature, to determine its role and importance in the system of human rights enforcement in Ukraine, to clarify the peculiarities of formation and effective activities of this institution. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study states that the driving force of a democratic, legal process is the growth of an active civil position, which is the basis for the formation of public associations, which are a basic component of civil society. The institute of public associations is an important component of the system of constitutional law of Ukraine. Involving citizens in political decision-making is one of the main principles of direct democracy. The focus is on improving the legal framework of the institute of public associations. Scientific novelty. The study has revealed that public associations, as institutions, should be an integral part of civil society in the formation of democracy; to introduce constitutional and legal mechanisms of interaction with the institution of public associations and to identify their real practical effectiveness for ensuring human rights and needs in society. Practical significance. The results of the study can be used in law-making and law enforcement activities during the functioning of the institution of public associations in the system of human rights.


Author(s):  
Katarina Bebiya ◽  

The article examines the basics of the International Criminal Court (ICC) Prosecutor's activity concerning children, set out in a document entitled "Policy on Children" issued in 2016 (hereinafter - Policy). The Policy has made a significant contribution to the development of international criminal prosecution of persons responsible for harming children during an armed conflict or a situation of violence. The ICC's policies and practice primarily consider the interests of children who have been victims of international crimes or who interact with the ICC as witnesses. The author draws attention to the fact that the Policy reflects the personal jurisdiction of the ICC, according to which the Court prosecutes only persons who have reached 18 years. Therefore, younger children involved in international crimes are considered victims of the ICC regardless of their motives. The author demonstrates how the essential components of international criminal justice - complementarity and promotion of the interests of victims - find their practical significance in the Policy. These principles are fundamental at the stage of the ICC's preliminary examination of a situation where the Prosecutor takes special care to assess the impact of a particular context of armed conflict or violence on the rights and interests of children. It is crucial to respect the interests of the child at the stage of investigation when the Court interacts with children victims and children witnesses. The author shows that the Policy has fully absorbed the international legal framework of justice for children, in particular those developed within the UN, and focused on providing necessary guarantees to children victims and children witnesses, taking into account their vulnerability and special needs. An analysis of the Court's case-law shows that analysing the ICC's decisions in cases where children have been victims of international crimes, the guaranteeing of the children victims’ rights to reparations remains a pressing issue and challenge for the ICC.


2018 ◽  
Vol 20 (8) ◽  
pp. 88-111
Author(s):  
E. V. Vorobyeva ◽  
T. N. Le-van

 Introduction. Both the level and the specific character of the organisational culture of preschool pedagogical staff influence the degree of psychological comfort of the environment in which younger children are brought up. The relevance of the research is related to the need to improve the quality of preschool education through the creation of emotionally favourable conditions for forming pupils’ individuality and preserving their health. In addition, it is important to acquaint the staff of nursery schools with the content of the new methodological requirements (the formation of interaction between a tutor, a child and parents) recorded in the Federal State Educational Standard.The aim of this research paper was to identify the specific features of teachers’ ethical choices when dealing with difficult professional situations according to the type of organisational (corporate) culture established in a pre-school educational institution.Methodology and research methods. In the course of the research, teachers were selected to participate in an anonymous online poll and a follow-up questionnaire. The authors developed a face-to-face feedback approach using the cases of difficult professional situations and parameters to build the corporate culture profile of the organisation. The obtained data were processed by qualitative and quantitative means through the approaches of content analysis, analysis of variance (ANOVA) and intercrossing of confidence intervals calculated by a standard procedure in the R programming language. Results and scientific novelty. A model of differentiated types in the organisational culture of the system of education was designed. “Democratic”, “leaderfollowing”, “laissez-faire” and “bureaucratic” (these terms do not carry an evaluation characteristic) kinds of the corporate cultures of preschool educational institutions were identified and characterised. The concepts of “ethical dilemma” and “difficult situation requiring a direct professional action” were clarified. The first abovementioned concept refers to a contradiction between two equivalent values, while the second denotes a confrontation between new, progressive approaches to implementing professional duties with the stereotypes and traditions entrenched in the teaching process. The diagnostic tools allowed the authors to establish that different solutions to resolving problem situations or ethical dilemmas are often derived from the different values prevailing among preschool teachers as representatives of the various types of organisational cultures. Practical significance. The authors concluded that to ensure permanent improvement of preschool education (increase in the efficiency of participants’ interaction of the learning process) it is important to count not on members’ formal characteristics, but on basic characteristics which often can be seen as implicit representations. The diagnostic tools proposed by the authors and the joint interpretation of findings by all members of the teaching staff with participation of the invited experts and parents will help to identify formal and basic characteristics. 


2021 ◽  
Vol 7 (2) ◽  
pp. 671-690
Author(s):  
Ksenia Michailovna Belikova

This article aims to examine India’s approaches to handling the items of ethics and legal regulation (framework) of the development and application and the use of artificial intelligence in the military sphere in the context of national acts, capabilities and needs of India. It was revealed that the country’s lag behind its neighbors (China, Pakistan) and recognized leaders in this area (USA, Israel) is a motive for formulating the concept of ensuring India’s military superiority based on AI as a force multiplier. It was revealed that the identified problems require a prompt solution based on the concerted joint efforts of the relevant interested parties with the leading role of the government. The theoretical and practical significance of the results obtained is determined by the fact that the readers will be provided with current scientific information about India’s approaches to the designated areas from the standpoint of law and ethics.


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