PRACTICAL ISSUES OF LEGAL REGULATION OF THE RIGHTS AND OBLIGATIONS OF CENTRAL EXECUTIVE BODIES PROVIDED THE FIELD OF PUBLIC FINANCE ACTIVITY IN UKRAINE

2018 ◽  
Author(s):  
Olga Semchyk ◽  
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Central Executive ◽  
State Regulation ◽  
National Commission ◽  
Factors Affecting ◽  
Administrative Services ◽  
Financial Activity ◽  
Budgetary Control ◽  
Executive Body

The article describes practical problems of regulatory support of the rights and obligations of the central executive authorities in in public financial activity in Ukraine. Legal acts aimed at sectoral regulation (constitutional, administrative, budgetary) were analyzed. As a result the next conclusion was made: the main factors affecting the ambiguity in the practical application of the rules that determine the powers of central executive bodies are different approaches laid down at different industry-specific laws of Ukraine (specifically the legislation that determines the legal status of such bodies, financial legislation, legislation on administrative services). It has been proved that legal regulation of the rights and obligations of central executive bodies requires improvement. The issues requiring the legislative developments are next: the powers of the central executive body that implements state policy in the field of road facilities in terms of executing budgetary control over budgetary funds usage by its territorial bodies; improvement of the legal regulation of powers of the central executive body in the field of transport in terms of setting the rates of the port administrative dues; determination at the legislative level the rights and obligations of the national commission which provides the state regulation in the field of transport, approval of the methodology for calculating administrative port dues, and legal regulation of the collection of the administrative port dues, taking into account the regulations that determine the basis for the collection of administrative dues as payments for administrative services.

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals SYSTEM AND POWERS OF BODIES IMPLEMENTING ADMINISTRATIVE AND LEGAL REGULATION OF NATURAL MONOPOLIES

2019 ◽  
pp. 83-88
Author(s):  
R.I. Raimov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Coal Industry ◽  
State Regulation ◽  
Natural Monopoly ◽  
National Commission ◽  
Main Attention ◽  
Structural Units ◽  
Public Authorities ◽  
The Status

The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

scholarly journals Financial and Legal Regulation of the Security of Economic Activity

2020 ◽  
Vol 89 (2) ◽  
pp. 132-142
Author(s):  
O. P. Getmanets
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Financial Control ◽  
Financial Security ◽  
Factors Affecting ◽  
Financial Activity ◽  
Business Entities ◽  
The Stability

The author of the article studies financial relations between the state and business entities, whose legal regulation has a significant impact on the security of economic activity as an important component of national security. The author analyzes internal and external factors affecting the finances that are at the disposal of business entities, the state of which depends on the security of economic activity. The components of financial security of business entities are studied from the point of view of organization of finances and management of the movement of financial resources, ensured by the financial and legal regulation by the state. The directions of financial and legal regulation of the security of economic activity are analyzed as an important condition for ensuring the stability, sustainability and efficiency of the movement of finances at the level of business entities. It has been established that the legal provision of financial security of business entities is based on regulatory basis that defines the principles, methods, functions and powers of public authorities’ activity and activity of local self-government agencies in all components of the financial system, namely in budgetary, tax, currency, banking, investment, etc., in particular in the area of financial control, which facilitates the establishment of the legitimacy of financial activities and the rational use of finances. It has been determined that there is no regulatory support for financial security at all levels of the economy, including the activity of business entities, as a coherent state policy. The author proves the expediency of developing and implementing a law defining the types of threats to the stability of financial activity and the principles of counteraction, the powers of the state authorities to counteract, prevent and eliminate the threats in the financial sphere, the components of the mechanism of protection of financial interests of business entities. It has been established that financial control is the component of financial activity of business entities, and therefore the Law of Ukraine “On the Basic Principles of Exercising State Financial Control in Ukraine” needs to be improved regarding the methods and types of financial control, powers of controlling entities in order to ensure the security of economic activity.

scholarly journals Legitimacy of State Bodies involved in Citizenship Issues (Ukraine)

2020 ◽  
pp. 118-122
Author(s):  
Maksym Surzhynskyi
Keyword(s):  
National Security ◽  
State Policy ◽  
Central Executive ◽  
The State ◽  
Foreign Affairs ◽  
Factors Affecting ◽  
The Status ◽  
Legal Legitimacy ◽  
The Law ◽  
Executive Body

In the extremely difficult conditions of today, the problems of citizenship for Ukraine have become extremely relevant, becoming one of the factors affecting the state of ensuring its national security. This includes the problem of understanding the legitimacy of the state bodies involved in addressing citizenship issues.          Legitimacy and legality are the main features that characterize the state bodies involved in addressing citizenship issues. However, legitimacy is not synonymous with legality.          The legality of state bodies involved in resolving citizenship issues is purely legal in nature and expresses the formal conformity of their creation and operation of law, that is, legal legitimacy.          The legitimacy of state bodies involved in citizenship matters means that they are supported by society.          Legitimacy is derived from the process of legitimation, after which the state bodies involved in resolving citizenship issues acquire the status of legitimacy.          According to the Law of Ukraine "On Citizenship of Ukraine" of January 18, 2001, the state bodies involved in the decision of citizenship include: President of Ukraine, Commission under the President of Ukraine on Citizenship, the central executive body implementing state policy in citizenship and its subordinate bodies, the Ministry of Foreign Affairs of Ukraine, diplomatic missions and consular posts of Ukraine.          The current legislation on citizenship of Ukraine not only legalizes the system of state bodies involved in solving citizenship issues, but also legitimizes their actions.

scholarly journals Legal Regulation of the Level of Food Provision for the Population of Ukraine

2021 ◽  
Vol 1 (516) ◽  
pp. 171-176
Author(s):  
H. I. Vorzhevitina ◽  
Keyword(s):  
Food Security ◽  
Legal Status ◽  
Agricultural Land ◽  
Legal Regulation ◽  
Food Prices ◽  
State Regulation ◽  
The State ◽  
Retail Trade ◽  
Subsistence Minimum ◽  
Food Provision

The article is concerned with studying the problems of legal regulation of the level of food provision for the population of Ukraine. The norms of both the legislative and by-law acts regulating food security and food provision, as well as the work of scholars who studied this problem before, were examined. Food provision for the population of Ukraine can be defined as the State-based providing citizens of Ukraine with access to food of proper quality in the amount sufficient for the normal functioning of the human body and preservation of its health. This concept is closely related to the concept of food security. Food security is a state of physical provision by the main food groups of the appropriate level of quality and safety, as well as the forming of the State food reserve not lower than the officially established limit norm. The level of food provision for the population of Ukraine should meet the needs of citizens in a sufficient amount of food of proper quality. The normative legal acts regulating the level of food provision for the population of Ukraine can be divided into the following groups: defining requirements for the safety and quality of food products; consolidating the legal status of food producers; carrying out legislative regulation of the legal status of agricultural land; establishing measures of the State support for food producers; implementing the State regulation of imports of agricultural products; intended for legal regulation of wholesale and retail trade in foods; ensuring the State regulation of food prices; determining standards of the subsistence minimum for the citizens of Ukraine. Proposals on amendments to the Law of Ukraine «On subsistence minimum» to ensure an adequate level of food provision for the population of Ukraine are formulated.

scholarly journals LEGAL STATUS OF THE MINISTRY OF JUSTICE OF UKRAINE AS A SUBJECT OF ADMINISTRATIVE AND LEGAL ENFORCEMENT OF NOTARIAL ACTIVITY IN UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 159-166
Author(s):  
С. С. Розсоха
Keyword(s):  
Decision Making ◽  
Local Governments ◽  
Legal Status ◽  
Central Executive ◽  
Main Subject ◽  
Legal Enforcement ◽  
Institutional Cooperation ◽  
Rights And Interests ◽  
The Right ◽  
Executive Body

The article defines the legal status of the Ministry of Justice of Ukraine as the main subject of administrative and legal support of notarial activity in Ukraine, as the legal status of a special central executive body in the field of notaries, whose functional tasks include the implementation of state policy of sustainable development use of legal tools to influence notarial legal relations for their emergence, change and termination, control over notarial activities, protection of the rights and interests of notaries, development of institutional cooperation in the field of notaries. It is emphasized that in general, the legal status of the Ministry of Justice of Ukraine as the main subject of administrative and legal support of notarial activity in Ukraine is the legal status of a special central executive body in the field of notaries. through the use of legal tools to influence notarial relations for their emergence, change and termination, control over notarial activities, protection of the rights and interests of notaries, the development of institutional cooperation in the field of notaries. It was found that the functional tasks of the Ministry of Justice of Ukraine as the main subject of administrative and legal support of notarial activities in Ukraine should include: control over the organization of notaries; conducting the registration file of a private notary; issuance, cancellation of a certificate of the right to engage in notarial activities; approval of bylaws in the field of organization and functioning of the notary; organization and verification of reporting and organization of activities of state notary offices, private notaries, authorized officials of local governments; creation and liquidation of state notary offices; registration of private notarial activity, issuance of certificates to private notaries, production or destruction of seals; organization of suspension of private notarial activity; administration and decision-making on termination of private notarial activity.

scholarly journals ADMINISTRATIVE AND LEGAL STATUS OF THE NATIONAL COMMISSION OF SECURITIES AND THE STOCK MARKET AS AN ENTITY REGULATION OF STOCK EXCHANGES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 72-78
Author(s):  
А. М. Вихристюк
Keyword(s):  
Stock Market ◽  
Legal Status ◽  
Stock Exchange ◽  
Legal Regulation ◽  
The State ◽  
National Commission ◽  
Stock Exchanges ◽  
Main Subject ◽  
Market Participants ◽  
Legal Relationship

The relevance of the article is that the stock market is the main system-forming channel of capital movement in today's globalized world. It is possible to reliably assess the real significance of the stock market and ensure the full realization of all its capabilities only if the study of risks, which is inevitably accompanied by this civilizational phenomenon. To the same extent, this fact highlights the problem of minimizing the financial risks that accompany the stock market and its infrastructure. The purpose of the article is to systematically analyze the norms of current legislation, as well as the positions of scholars of administrative law and economics, to reveal the administrative and legal status of the National Commission on Securities and Stock Market as a subject of stock exchange regulation. The article reveals the administrative and legal status of the National Commission on Securities and Stock Market as a legal position of the main subject of administrative and legal regulation of stock exchanges, endowed with authoritative regulatory and supervisory powers, within which the legal relationship between the state and stock market participants. The content of the administrative and legal status of the National Commission on Securities and Stock Market is determined. It is concluded that the administrative and legal status of the National Commission on Securities and Stock Market is the legal status of the main subject of administrative and legal regulation of stock exchanges, endowed with authoritative regulatory and supervisory powers, within which the legal relationship is established. between the state and stock market participants. In terms of content, the administrative and legal status of the National Commission on Securities and Stock Market is a voluminous category that includes tasks (regulation and control of stock exchanges); powers (transformed into administrative tools, which can be divided into the issuance of acts, provision of services, control and supervision, prosecution, cooperation in the development of the stock market).

scholarly journals FEATURES OF SELF-REGULATORY ORGANIZATIONS' ACTIVITY IN THE MECHANISM FOR CHILD PROTECTION FROM THE ADVERSE EFFECT OF THE ADVERTISEMENT

2019 ◽  
pp. 20-25
Author(s):  
A. Levchenko
Keyword(s):  
Legal Status ◽  
Negative Impact ◽  
Self Regulation ◽  
Regulatory System ◽  
The United States ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Systemic Analysis ◽  
Current State

The research aims to determine the role of self-regulatory bodies in monitoring advertising activities and in protecting the child from their adverse influence, to assess the current state of self-regulation in this area in Ukraine and to determine necessary components for its systematic implementation into domestic legal system. In order to achieve aforesaid aims the following methods of legal research have been applied: analysis, systemic analysis, generalization, legal modeling. Specifically, the method of analysis has been used to extract the features of the successful activities that are conducted by selfregulatory organization in other countries. To derive patterns and clarify the reasons for the effective activities of self-regulatory organizations, methods of generalization and systemic analysis have been used. In addition, the method of legal modeling has been elaborated in order to determine the possible ways of self-regulatory system implementation in Ukraine. The author analyzes the concept of self-regulation. The advantages of self-regulation in comparison with the state regulation are evaluated. Namely, it is done through the prism of the relevant legal experience taken from Great Britain, France, the United States of America. The conditions necessary for the implementation of a self-regulatory system are revealed. The current state of self-regulation in Ukraine is scrutinized. This makes it possible to find out the reasons for its underdevelopment in national legal context. In general, the analysis of Ukrainian legislation on advertising is carried out and the issues of the self-regulatory system in the context of protecting children from the negative impact of advertising information are studies thoroughly. Approaches and relevant empirical material analyzed within the article allow the author to arrive at following conclusions. The author identifies the value of self-regulation, particularly, its advantages in comparison with the state regulation. Additionally, the author emphasizes the lack of special legislation in Ukraine that regulates the legal status of self-regulatory organizations in the field of advertising; insufficiency of the scope of public organizations powers stipulated in the legislation; the inconsistency of the activities of a significant number of public associations in this area as well as the absence of a certain sustainable reform in outlined domain. In this vein, the connection between the lack of systemic reforms in this area, desuetude, conflict of laws, as well as incomplete legislation and the decrease in the authority of the law for the actors in the advertising industry is established. The author suggests the ways of implementation of significant institutional changes in the legal regulation for self-regulatory organizations' activities in Ukraine, primarily in terms of consolidating their legal status, functioning certain rules and principles of state control over their activities.

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