scholarly journals Monitoring functions of the state aid to business entities

2021 ◽  
pp. 255-260
Author(s):  
N.O. Petrova
Keyword(s):  
Administrative Law ◽  
State Aid ◽  
The State ◽  
Regulatory Control ◽  
Characteristic Functions ◽  
The European Union ◽  
Monitoring And Control ◽  
Association Agreement ◽  
Business Entities ◽  
And Control

The article considers various functions, systems of functions of both administrative law and individual elements of management in various fields. The characteristic functions of monitoring state aid to economic entities as a unique, special element of management have been studied. The relevance of the research is due to the need to approximate domestic legislation in the field of monitoring and control of state aid to the acquis of the European Union (hereinafter - the EU), taking into account the reform processes in administrative law, European integration of Ukraine and obligations under the Association Agreement with Ukraine (hereinafter - Agreement). Given the small number of modern legal theoretical developments in this area, the task of the article is to specify and formu-late the essence of the functions of monitoring state aid to economic entities. An analysis of different approaches to determining the nature of monitoring functions in different areas. Peculiarities of monitoring functions in state aid to business entities in Ukraine have been identified. The importance of determining the functions of monitoring carried out by the subject of public administration - the authorized body in the field of state aid - the Antimonopoly Committee of Ukraine. It is established that the monitoring of state aid to economic entities is closely related to control and is its form, and is an informative foundation, which is formed through a system of continuous mon-itoring, information collection, accumulation, analysis and monitoring of any process, phenomenon, the state of state aid to economic entities to identify differences between planned and actual, finding deviations from the tasks, analysis of the causes of such deviations. The following functions of monitoring state aid to business entities are identified: regulatory, control, preventive, informational, analytical, corrective, law enforcement, educational, the characteristic is given and their essence is revealed. 

The Threats of Ukraine Financial Security: Identification and Systemization

2019 ◽  
pp. 73-80
Author(s):  
Oleksandra Maslii ◽  
Andrii Maksymenko ◽  
Svitlana Onyshchenko
Keyword(s):  
Financial Stability ◽  
System Development ◽  
Financial System ◽  
Economic Security ◽  
The State ◽  
Financial Security ◽  
Monitoring And Control ◽  
Development Indicators ◽  
Security Indicators ◽  
And Control

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.

DIRECTIONS OF TRANSFORMATION OF STATE POLICY IN THE CONTEXT OF THE NEED FOR SECTORAL INTEGRATION OF UKRAINE IN THE BRANCHES AND SPHERES OF THE EUROPEAN UNION

2021 ◽  
Author(s):  
Maistro S. ◽  
Kropyvnytskyi V. ◽  
Krykhtina Yu. ◽  
Treskov A.
Keyword(s):  
European Union ◽  
European Integration ◽  
State Policy ◽  
The State ◽  
The European Union ◽  
Association Agreement

The article describes the peculiarities of the formation and implementation of state policy for the development of various branches and spheres in the context of European integration of Ukraine. The degree of effectiveness of the Association Agreement between Ukraine and the European Union in various branches and spheres has been determined. The problematic aspects and contradictions of the state policy of development of various branches and spheres in the context of the implementation of the Association Agreement are highlighted. The ways of transformation of the state policy of development of various branches and spheres in the conditions of European integration of Ukraine are determined.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

scholarly journals DIRECTIONS FOR IMPROVEMENT OF GOODS DECLARATION IN CONDITIONS OF INTEGRATION PROCESSES

Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 76-86
Author(s):  
Tetyana Yu. Dudorova
Keyword(s):  
The State ◽  
Economic Research ◽  
Necessary Condition ◽  
Electronic Document ◽  
The European Union ◽  
Expert Assessments ◽  
Import And Export ◽  
And Control ◽  
The Given ◽  
Current Mechanism

Introduction and purpose of the study. Trends in global development in the context of the global economic crisis dictate new challenges, in particular, the simplification of customs and logistics procedures during the import and export of goods to (from) the territory of countries. Today, the maximum approximation of customs procedures in Ukraine to the European and world standards is gradually being made, their maximum simplification at all stages, the reduction of the influence of the human factor on the results of the customs introduction of the elements of the electronic document flow system in the execution of customs clearance and customs control of goods.The hypothesis of scientific research. It is anticipated that in today's conditions of openness of the Ukrainian economy the necessary condition for the organization of the customs business – in general – and customs control, in particular, is the declaration, identification and control of customs value, which has fiscal and regulatory potential, and accordingly characterized by problematic issues that require new theoretical and practical approaches to its evaluation and control. The purpose of the article is to study the current mechanism of customs declaration of goods in Ukraine.Methods of research: in the process of work, the following methods of economic research were used: system-structural, abstract-logical, comparative and balance, expert assessments, etc.Results: The state of the procedure of customs clearance of goods is considered and investigated. The given results of practical introduction of electronic document circulation with the use of electronic digital signature in the customs business of Ukraine.Conclusions. The creation of a multifunctional integrated electronic customs system is aimed at strengthening Ukraine's customs security, further developing and adapting the information systems of the State Customs Service of Ukraine to the standards of the European Union, creating conditions for accelerating customs control and customs clearance procedures, improving the level of services provided by the state in the customs sphere, restriction of the possibility of committing illegal and corrupt acts.

scholarly journals Legal and formal analysis of chosen provisions of Directive 2009/30/EC and of the Act of 25 August 2006 on the fuel quality monitoring and control system

2019 ◽  
Vol 29 ◽  
pp. 171-181
Author(s):  
Weronika Gadzicka
Keyword(s):  
Control System ◽  
Formal Analysis ◽  
Quality Monitoring ◽  
Fuel Quality ◽  
Monitoring And Control ◽  
Monitoring And Control System ◽  
The Subject ◽  
Business Entities ◽  
Economic Analyses ◽  
And Control

The Directive 2009/30/EC and the Polish Act on the fuel quality monitoring and control system imposes a duty on the entities fulfilling the National Reduction Target NRT to reduce the emission of greenhouse gases to 6%. The reduction target of at least 6% can not be spread over the entire fuel market. It applies to every entity implementing the NRT separately. Member States, as well as the fuel market, are not responsible for not achieving the reduction target. This responsibility is limited to individual business entities implementing the NRT and concerns the fulfillment of the reduction target and the providing of the report on the implementation of the reduction target. It is necessary to carry out technical and economic analyses, the subject of which should be to answer the question of whether the entities realising the NRT are able to predict the potential amount of the fine that may be imposed on them based on art. 35c section 3 of the Act. Analiza prawna i formalna wybranych przepisów dyrektywy 2009/30/WE i ustawy z dnia 25 sierpnia 2006 roku o systemie monitorowania i kontroli jakości paliwDyrektywa 2009/30/WE oraz ustawa o systemie monitorowania i kontroli jakości paliw nakładają na podmioty spełniające Narodowy Cel Redukcyjny obowiązek obniżenia emisji gazów cieplarnianych do 6%. Cel redukcji wynoszący co najmniej 6% nie może być rozłożony na cały rynek paliw — dotyczy to każdego podmiotu wdrażającego NCR oddzielnie. Państwa członkowskie, jak też rynek paliw, nie ponoszą odpowiedzialności w wypadku nieosiągnięcia tegoż celu redukcyjnego. Odpowiedzialność ta jest ograniczona do poszczególnych podmiotów gospodarczych realizujących NCR i dotyczy realizacji celu redukcyjnego oraz dostarczenia sprawozdania z realizacji NCR. Konieczne jest przeprowadzenie analiz technicznych i ekonomicznych, których przedmiotem powinno być udzielenie odpowiedzi na pytanie, czy podmioty realizujące NRT są w stanie przewidzieć potencjalną kwotę grzywny, jaka może zostać na nie nałożona na podstawie art. 35c ust. 3 ustawy.

scholarly journals PRACTICAL ASPECTS OF CUSTOMS AFFAIRS: EXCHANGE OF INFORMATION ON COUNTRY OF ORIGIN OF GOODS

2019 ◽  
pp. 119-123
Author(s):  
V.Р. Zhdanova
Keyword(s):  
European Union ◽  
International Trade ◽  
Free Trade ◽  
Country Of Origin ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The State ◽  
The European Union ◽  
Association Agreement ◽  
Exchange Of Information

Today, for the State Fiscal Service of Ukraine, one of the priority areas of international customs cooperation is cooperation with the customs authorities of other countries on the fulfillment of the terms of current free trade agreements. In this context, the exchange of information on the country of origin of goods moving across the customs border of Ukraine is of particular importance, which is one of the important factors for intensifying trade between Ukraine and the European Union. The Association Agreement between Ukraine and the European Union defines a number of obligations that Ukraine must fulfill in order to harmonize national legislation with the requirements of the relevant legislation of the European Union. Please note that there are now over 400 аgreements about free trade and preferential trade agreements that reduce customs tariffs on certain goods, provided they meet the specified origin criteria. However, many participants in foreign economic activity ignore the fact that they may claim tariff preferences or are uninformed in determining whether the goods they buy or sell are entitled to preferential treatment. As a result, many international trade participants pay a fee for goods originating in countries that are parties to the Free Trade Agreements, losing a financial advantage over their competitors. However, many exporters also lose business opportunities, and micro, small and medium-sized enterprises are particularly affected. This article is aimed at exploring the main aspects of legal and organizational support for the exchange of information on issues of the country of origin of goods in the course of customs in Ukraine. The author also intends to explore aspects of international cooperation of the State Fiscal Service of Ukraine with other customs authorities in determining the country of origin of goods moving across the customs border of Ukraine. Determine the possibility of further application of the preferential conditions provided for in the Free Trade Agreements concluded with the participation of Ukraine in the prevention, detection, and/or termination of customs-related violations of the origin of goods. Keywords. information, exchange of information, product, country of origin of the product, international trade.

scholarly journals Relevance of the Court Decision on the Hinkley Point Nuclear Power Plant in Relation to Paks II

2021 ◽  
Vol 30 (2) ◽  
pp. 305
Author(s):  
Dóra Lovas
Keyword(s):  
European Union ◽  
Power Plant ◽  
Nuclear Power Plant ◽  
European Commission ◽  
Energy Security ◽  
Nuclear Power ◽  
Nuclear Energy ◽  
State Aid ◽  
The State ◽  
The European Union

<p>The aim of the article is to present the ruling of the Court of Justice of the European Union (CJEU) in the case of the Hinkley Point C nuclear power plant. This investment can also be related to the Paks II nuclear power plant investment, therefore the two investments are compared too. Both projects were examined by the European Commission, which take an important part when the national aid was awarded to Hinkley Point C and Paks II projects, and the decision of the CJEU also had influence on it. The author considers the European Commission’s aid conception positive, because the less developed countries are not forced to use only the renewables, but the environmental and security aspects of nuclear energy are also allowed (e.g. Hinkley Point C and Paks II nuclear power plants). The subsidy was allowed in both cases, but the reasons are different. In these cases, the limits of the EU energy politics can be seen, i.e. the right to select the package and the priority of the energy security and sustainable development. To mention an example for the difference, in Great Britain the energy sector was divided among the participants on the market but in Hungary the nuclear energy remained under state control. In the first option the state wanted to prove that it grants offset for the help to the general market services and in the second option the market investor principle was highlighted in order to show no other market participant act in other way. These points were not accepted, the state aid was provided both cases with permissible reasons because the projects condescend the goals of environmental policy and energy security. The decisions show that as a result of the efforts to protect the environment the dependency on energy increased and it cannot be solved only be encouraging the usage of the renewables. The permissive attitude of the European Commission can be found here and it is influenced by the increased state regulative roles. According to the author, it also appears in the environmentally friendly decisions which refers to the Paris Agreement’s fulfilment and the involvement of environmental requirements into politics. Moreover, the European Union tries to maintain its leader role in economics, which can be reached by the decrease of energy dependency and the exclusive usage of renewable energies is not the appropriate solution. The CJEU judgement is relevant in several respects. The article focuses primarily on the issue of environmental protection, state aid and the relation between the Euratom Treaty and the Treaty on the Functioning of the European Union.</p>

scholarly journals Legal support of Ukraine in the context of attracting capital by banks in international m

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Olena Yu. Volkovych ◽  
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Capital Market ◽  
Banking Sector ◽  
Public Information ◽  
Commercial Banking ◽  
The State ◽  
The European Union ◽  
Association Agreement ◽  
The Capital Market

The article provides a theoretical and legal analysis of the legal support of Ukraine in the context of raising capital by banks in international markets. The author determined that the economic crisis in the country is protracted, the capital market in Ukraine remains largely underdeveloped. The state has taken many steps to overcome the economic crisis, identified priority measures, strategic steps to build a sustainable economy, in particular, many efforts have been made to find free funds to attract investment, but this, as practice shows, was not enough. An important step in building a free and competitive state was the adoption of the Association Agreement between Ukraine and the European Community. This document is the largest international legal document in the history of Ukraine and the largest international agreement with a third country ever concluded by the European Union. In accordance with the Program of Integration of Ukraine into the European Union (hereinafter - the Program), approved by the Decree of the President of Ukraine � 1072/2000 of 14.09.2000. Synchronization of internal market transformations of changes in the processes of EU enlargement. First of all, it concerns: reform of executive and judicial bodies and cooperation of the Ministry of Justice of Ukraine with courts; administrative and territorial reform; formation of the foundations of regional development policy (including legislation on the distribution of competencies, budgets, taxes); completion of privatization (primarily enterprises of strategic importance for the economy and security of the state and banks); reforming the banking sector as a whole. Thus, in particular, a developed capital market is usually seen as a competitor in the commercial banking sector, as they compete for retention and investment opportunities. However, in today�s financial system, there are complementary relationships between the capital market and banks, as they choose different segments of the financial markets and focus on different types of customers. In the process of writing the article came to the following conclusions. The right direction in the reform of the economic sector is to determine the measures of state investment support should be preceded by a detailed analysis of the effect of the benefits and preferences previously granted to economic entities. Establish the legislative level the provision that the minimum amount of public investment should be equal to the amount of all new debt, i.e., the amount of borrowings during the year may not exceed the amount of budget expenditures to finance investments. Introduce the practice of developing and implementing investment incentive packages. Introduce a practice in which the decision on new borrowings is preceded by public information on which projects have already been used to finance the funds and for which purposes (projects) new borrowings are envisaged. Establish strict control over debt activities.

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