scholarly journals ADMINISTRATIVE AND LEGAL PRINCIPLES OF THE FINANCIAL SYSTEM OF UKRAINE

2020 ◽  
Vol 33 (20) ◽  
pp. 95-101
Author(s):  
V.V. Sukhonos
Keyword(s):  
Financial System ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Specific Model ◽  
The State ◽  
Legal Norms ◽  
Legal Principles ◽  
Political Transformations ◽  
Financial Infrastructure ◽  
The Impact

In the course of its economic and legal development, the formation and improvement of the financial system from a legal perspective continues to occur in Ukraine. Today, political transformations in one aspect or another affect the state of the financial system, that is, in some cases, they stabilize it, and in others, unfortunately, lead to its imbalance. At the same time, it should be noted that the financial system of Ukraine, as well as its functions in modern conditions, usually develop in close interaction with other links. Their interaction with the budget system is especially important for the functioning of the financial system itself since it contributes to the financial support of various branches of public life in Ukraine. At the same time, the axiology of the financial system of Ukraine requires analysis of its functional component, since in the legal and economic literature the specified category is still debatable. In addition, the concept of “financial system” is absent both in scientific sources and in the current legislation. The problems of the financial system have already been the subject of research by individual scholars. However, an analysis of their work shows that the administrative and legal aspects of the financial system are only partially revealed. That is why the purpose of this article is to analyze the very concept of the financial system and its components, as well as to study the impact on it of the relevant administrative and legal principles. As a result, it is concluded that finance, as well as the financial system as a whole, is crucial for the development of the state. They serve as the economic basis for the existence of even the state itself. The notion of “finance” is applied not only to the sphere of state property but also to the sphere of the effect of private relations, because in Ukraine the market relations develop. In this regard, finance is regarded as a public-law and private-law category, which is the very foundation of Ukraine’s financial system. Nowadays in Ukraine, there is a tendency of scientific research of peculiarities of legal regulation of a certain type of activity, including financial, because the latter has state-defined elements. Given that the main elements of the financial system include finance: state, local, economic entities of all forms of ownership, the non-productive sphere of activity, the population of the financial market, as well as financial infrastructure, it is possible to improve the definition of the content of the financial system as a set regulated by financial and legal norms individual units of financial relations and financial institutions through which the state creates, distributes and uses centralized and decentralized funds. This definition directly indicates that there is a specific model of legal influence created by a special combination of legal regulation of financial relations in Ukraine. The aforementioned allows convincingly to assert that in Ukraine there is an administrative-legal regime of the financial system, which is functionally oriented to the performance of functions and actions of the authorized state bodies in the implementation and provision of all elements of the financial system. Keywords: administrative and legal principles of the financial system, financial system, finances, money.

The legal features of the introduction of the state land cadastre

2021 ◽  
pp. 133-138
Author(s):  
Tamara Terekhova
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
Domestic Literature ◽  
Stage Of Development ◽  
Land Surveying ◽  
Land Relations ◽  
Real Value

Formulation of the problem. At the present stage of development of land relations in Ukraine, the activity related to the maintenance of the state land cadastre is of great importance and is intended to collect information and inform the participants of land relations about the real value and legal regime of each land plot in Ukraine. Such activity requires effective legal support because maintenance of the state land cadastre requires clear and transparent procedures for entering information into it and receiving information from its registry. Recent research on the topic. Problems of legal regulation of the maintenance of the state land cadastre has not received a wide coverage. Among the most revealing researches it is necessary to emphasize the dissertation of N. Grabovets , in which the subject of research was the legal support of the main types of land cadastral activity, and the scientific study of O. I. Sidorchuk , in which the legal aspects of the order of maintenance of natural resource cadastres were discussed. Legal aspects of maintaining the state land cadastre can be found in scientific works of A. G. Borovitskaya, N. O. Kuchakovskaya and Z. V. Yaremak. Currently, a comprehensive study of the legal regulation of the state land cadastre has not been conducted in the domestic literature. The purpose of this study is to determine the legal specifics of maintaining the state land cadastre. Article’s main body. Scientific research is devoted to determination of legal peculiarities of introduction of the state land cadastre. It was found that the legal regulation of the state land cadastre must be a relationship between landowners and landowners, the state, state entities and the community. The foundation of the legal regulation of the state land cadastre is the Constitution of Ukraine, which states that the laws of Ukraine determine the principles of land use exclusively. However, it should be noted that the main legal act on the maintenance of the state land cadastre is the Law of Ukraine "On the State Land Cadastre". In addition, some provisions concerning the maintenance of the state land cadastre are reflected in the Land Code of Ukraine, the laws of Ukraine "On Land Assessment", "On Land Surveying", "On Topographic and Geodesic and Cartographic Activities" and several bylaws. As a result of the conducted research it was established that the complex interconnected process of maintaining the state land cadastre requires a clear legal support for its organization. Law norms that regulate the organization of the areas of cadastral activities, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act. Conclusions and prospects for the development. As a result of the conducted research it was established that the complex interrelated process of maintaining the state land cadastre requires a clear legal support for its organization. However, legal norms that regulate the organization of the areas of cadastral activity, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act.

scholarly journals INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

2020 ◽  
Vol 6 (4) ◽  
pp. 35-45
Author(s):  
Оlena Busol
Keyword(s):  
Comparative Method ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Asset Recovery

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

scholarly journals Digital currency: features of regulation in the Russian Federation

2021 ◽  
Vol 5 (1) ◽  
pp. 58-67
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Financial Assets ◽  
Digital Rights ◽  
Digital Currency ◽  
The Russian Federation ◽  
The Impact

The subject of research, relevance. The development of digital technologies has an impact on almost all areas of society, including the financial sphere. This is the reason for a serious controversy to develop recently and to continue both at the international and national levels in terms of approaches to their legal regulation. This discussion affects both public law and private law. The emergence of such a phenomenon as digital currencies raises the question of their legalization for legislators of various states. The answer to such a question cannot be found without studying the legal consequences of making such a decision for both individuals and the financial system of the state. The purpose. The article puts forward and substantiates a hypothesis that the choice of legal methods for regulating virtual assets is a matter of legal policy, and not just matter of research in the field of defining virtual assets as objects of law or type of property. As a result, when choosing methods of legal regulation of virtual (digital) assets, not only the impact of these legal entities on legal economic turnover (including such issues as the possibility of using excess generated electricity or taxation issues) should be assessed, but also the risk of stimulating illegal "economic" turnover (turnover of things and services in the Darknet, limited turnover of things, for example, drugs), as well as the impact on the financial system. The methodological basis. Various scientific methods of cognition were used to write the article, including system-structural, formal-logical, comparative-legal and dialectical. The research is based on the principles of interdependence and interconnectedness of social processes. The main results, scope of application. The article examines the main approaches to the regulation of digital currencies, studies the phenomenon of digital currency itself, assesses the circumstances that aroused massive interest and enthusiasm for cryptocurrencies. An analysis of current positive legal material is presented, in particular, the approach to the regulation of digital currency contained in the Russian Federal Law of July 31, 2020 No. 259- FZ "On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation". The main differences between digital currencies and such a legal phenomenon as digital rights (including utilitarian digital rights and digital financial assets) are noted. It is noted that in most Russian scientific works in the field of law devoted to digital currencies, attention is paid to the definition of digital currency as an object of civil rights, the foreign experience of attempts of legal regulation of cryptocurrency is considered, emphasis is placed on the positive aspects of the legalization of cryptocurrency for individuals, the risks of legalization of cryptocurrency for individuals, as well as the tasks of regulators in the digital economy are investigated. In addition, some scientific works are devoted to issues related to the digitalization of the economy and digital security. However, little attention is paid to the consequences of the legalization of digital currencies for the monetary system of the state and the potential risks for the stability of monetary systems. Conclusions. Interest in digital currencies may decrease in following situations. Firstly, if the services provided by payment systems are more efficient, reliable, affordable and cheap for the consumer. Secondly, during the implementation of the central bank digital currency project (in Russian case - the digital ruble), since digital currencies issued by central banks have the advantages of private digital currencies, but are devoid of their disadvantages.

scholarly journals INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 163-168
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Necessary Condition ◽  
Legal Norms ◽  
Insurance Business ◽  
Business Entities

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.

scholarly journals Responsibility of the social network as a distributor of commercial advertising

2020 ◽  
pp. 41-46
Author(s):  
T.V. Malanchuk
Keyword(s):  
Social Networks ◽  
Social Network ◽  
Legal Regulation ◽  
Research Area ◽  
The State ◽  
The Internet ◽  
Legal Personality ◽  
Legal Norms ◽  
Commercial Advertising ◽  
The Impact

The article examines the limits of state participation and the impact of legal regulation on the development of the Internet in general and social networks in particular. An attempt is made to determine the nature and extent of regulation of the dissemination of information through social networks, as well as the feasibility of control over cyberspace by the state. An analysis of existing legal norms on the regulation of advertising on the Internet, taking into account the peculiarities of advertising on social networks. It is established that today Internet advertising, including advertising on social networks, has become the most popular and effective way to convey information about goods or services to their potential consumers. Recent developments related to the introduction of quarantine measures due to the COVID-19 pandemic have led to an even greater intensification of e-commerce and the transition of traditional online business. As a result, the volume of advertising campaigns on social networks has grown significantly, and advertising itself has become more aggressive. It is noted that among the main general theoretical issues in the study of legal regulation of the global information system it is necessary to highlight the problems of jurisdiction of networks, as well as the legal personality of persons who provide, distribute and consume information in such networks. At the same time, no country in the world has comprehensive (codified) legislation that would regulate relations on the Internet. Existing regulations regulate only private aspects of network operation. Currently, each social network is governed solely by its own established rules. It is concluded that the legal norms governing traditional advertising are ineffective in advertising on networks. We believe that the interests of the state in the research area should be limited, first of all, to creating conditions for the harmonious development of information infrastructure, realization of constitutional rights and freedoms of man and citizen in obtaining and using information, unconditional law and order, development of equal and mutually beneficial international cooperation.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Legal procuring of international information/cyber security of the digital economy: economic and legal aspects

E-Management ◽  
2019 ◽  
pp. 61-66
Author(s):  
L. O. Gontar’
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Law And Economics ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Economy ◽  
Substantial Part ◽  
The European Union ◽  
The Impact

The article considers a problem of the definition of the digital economy, as well as presents a new theme on the legal procuring of international cyber security. The above mentioned new direction serves as an indicator of possible interdisciplinary research in the field of law and economics in the sphere of digital processes. As a justification the acts of the European Union have been adduced and their characteristic features, which consist in consideration of a substantial part of digital economy (economic party) have been allocated. This integration association has a unique structure and history, but the process of regulating the digital economy in the European Union began not so long ago. The European Union is one of the few integration associations that has started to work on improving the mechanisms of legal regulation of the digital market. This circumstance certainly affects the development of an integrated approach to the understanding of the digital economy, as well as further actualizes the issue of considering the legal procuring of international cyber security of this phenomenon. Legal procuring of security is a new direction in the international legal field, which will allow to consider the legal aspects in demand in the digital economy. The challenges in relation to international cyber security and the impact of the conceptual apparatus on the issues of the legal procuring of the security of the digital economy have been considered. It is important to note that the article suggests possible solutions to the problem posed. At the end of the article three proposals for improving approaches to the security of the digital economy have been elaborated. In terms of their qualitative characteristics, the proposals, undoubtedly, relate to legal and technical aspects, but also solutions regarding the conceptual component of the legal procuring of the security have been presented.

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