scholarly journals FOREIGN EXPERIENCE IN FINANCIAL SERVICES REGULATION AND ITS USE IN UKRAINE

The article deals with the problems of public relations in the sphere of financial services in foreign countries. The foreign experience of regulation of the sphere of financial services is studied and possibilities of its use in Ukraine are determined. An example of a model of legal regulation of the financial services industry in Ukraine may be the model used by the European Union. The European Union in the field of financial services has introduced a system of authorized institutions and bodies of the European Union, based on the principles of the internal market, aimed at consolidating a competitive efficient financial market, ensuring a high degree of financial stability, consumer protection and control. The regulation of financial markets in different countries of the world usually works within two different models. The first model involves regulation by predominantly state bodies, and only a small part of the powers overseeing, controlling, establishing the rules for conducting operations are transferred to associations of professional market participants - self-regulatory organizations. The second involves the transfer of as much authority as possible to self-regulatory organizations. At the same time, the state retains basic control functions and the ability to intervene at any time in the process of self-regulation. An important issue in the implementation of the European Union's financial services policy is the organization of a prudential oversight structure for financial market participants.However, the effectiveness of its operation depends on the specific institutional structure of supervision established in the Member States of the European Union in most countries of the world as a regulator of the banking system entrusted to the central bank. The experience and possibilities of introducing positive experience in regulating public relations in the sphere of financial services of such countries of the European Union as Germany, Great Britain, France, Denmark, Czech Republic, Hungary, Estonia, Latvia, Malta and the experience of the Russian Federation are discussed in detail The study of the financial services market regulation systems makes it possible to conclude the gradual development of common rules, rules and principles that are recognized by most countries. The need for unification is linked to the processes of interstate integration, internationalization and globalization of the financial markets, which initiate the gradual blurring of the identification boundaries between different national models of state regulation of the financial services market.

2020 ◽  
Vol 24 (3) ◽  
pp. 673-694
Author(s):  
Evgenia E. Frolova

The article is devoted to the analysis of a new concept - the ecosystem of the financial market of the European Union. It is proved that the new ecosystem of the financial market of the European Union, aimed at the priorities of "sustainable financing" has developed and become the objective reality of new public relations. In this regard, a comparative analysis of the above issues is of particular importance. The study showed that the European Union in December 2019 presented its vision of regulating a new ecosystem of the financial market: the cornerstones of this regulation were identified - the regulation on information disclosure, the regulation of low-carbon standards, the draft regulation on taxonomy. Given the fact that the above normative acts apply not only to participants in the EU financial market, but also to third countries, Russia needs to determine its position on this issue. A lag in the legal regulation of these issues can lead to serious losses for Russian legal entities offering financial services. The purpose of the study is to form an understanding of the principles of legal regulation of sustainable financing in the European Union based on an analysis of regulatory acts and scientific sources. The article uses General scientific methods of cognition: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods were used: legal-dogmatic and the method of interpretation of legal norms.


2020 ◽  
Vol 45 (2) ◽  
pp. 99-107
Author(s):  
Olha Klymenko

An urgent task in the field of public administration of non-banking financial services markets is to improve the regulation of the insurance market. On the example of the insurance services market, the problems of the functioning of the financial market regulation system are highlighted. Suggestions for its improvement are presented to increase the competitiveness of these markets. The development of the Ukrainian insurance market after 2015 to the present has a positive trend, which indicates the effectiveness and managerial ability of the state regulation system. The indicators of the state of the insurance market of Ukraine in comparison with similar indicators of such markets in the countries of the European Union are considered. The dynamics of concentration of the insurance market of Ukraine over the past 15 years has been analyzed. The main trends in the development of competition in this financial sphere have been identified. The necessity of state regulation of the concentration of the insurance market is substantiated. Views on the methodology and tools used in the study of the concentration and competitiveness of the insurance market are presented. Suggestions for improving the methods are given. It is shown that from 2012 to 2019 the Herfindahl - Hirschman index for risky types of insurance and for the insurance market as a whole has been increasing. It is established that according to the gradation of financial market concentration levels using the Herfindahl - Hirschman index, the insurance market of Ukraine corresponds to the degree of low concentration. According to the value of the Herfindahl - Hirschman indicator, the concentration of the life insurance market during 2003 – 2019, with the exception of 2015, is moderate. But the total share of gross insurance premiums collected by the three largest insurance companies in 2017 – 2019 exceeded 50 % of all gross insurance premiums. According to the Ukrainian law, such a market is considered a monopoly. It is shown that when analyzing the state and development of the insurance market of Ukraine, it is advisable to supplement the values of the Herfindahl - Hirschman index with corrective coefficients that take into account regional characteristics of the market, types of insurance, additional indicators of its functioning efficiency. Measures are proposed to accelerate the development of the insurance market of Ukraine by improving its regulation system.


Author(s):  
Nadia Cipullo

A premise of this issue seems appropriate. The coronavirus epidemic has caused an abrupt economic and social disruption and markets are reacting accordingly. Many economies around the world could suffer from falling GDP, due to growing lockdown measures and the millions of people absent from work, the closure of schools and thousands of restaurants and other closed businesses. Therefore, financial markets are experiencing levels of extreme volatility, while investors are grappling with the various consequences that this virus could bring with it. In this regard, on March 11th, 2020 the European Securities and Market Authority (ESMA) published recommendations addressed to participants in the financial markets, precisely in consideration of the spread of COVID-19 and the related impacts on the European Union economy (ESMA, 2020). In particular, after examining the market situation and the emergency measures adopted by the various participants in the financial markets, ESMA made 4 recommendations on the following areas: 1) business continuity planning; 2) market disclosure; 3) financial reporting; 4) fund management.


Author(s):  
Olena MARTSENYUK-ROZARYONOVА

In modern conditions, the functioning of the world financial insurance system is an objectively necessary attribute of a market economy and provides reliable guarantees for the restoration of violated property rights and interests in cases of losses caused by fire, natural disasters, man-made accidents, transport accidents and other unpredictable cases. Due to the mechanism of insurance protection for all market actors, equal rights are created, there is the possibility to benefit, there is a desire to take risks, incentives for increasing labor productivity, technical upgrading of production capacities, and investment in business development are provided. At the same time, insurance not only prevents the state from the cost of damages in the event of occurrence of insurance events, but also significantly affects the consolidation of state finances and is an effective form of accumulation of citizens' funds and a significant and stable source of long-term investment. The insurance market, which has a significant impact on the socio-economic stability of society, is one of the factors that directly determines the level of economic security of the country. The intensive globalization of the world insurance market requires from the national insurance markets adaptation to the new regime of international trade in insurance services, which is determined by the processes of liberalization of insurance supervision and state regulation of insurance markets. Today, an important task is to assess the causes, forms and trends of globalization of the insurance environment, which will allow optimally to form the direction of development of the insurance market in Ukraine. The globalization of insurance relations is a process of eradicating legislative and economic barriers between national insurance markets, which is under the influence of changes in the global economy, and aims to form a global insurance space. This phenomenon is eloquent in the following processes: the concentration of insurance and reinsurance capital; merging of bank and insurance capital; concentration on the market of insurance intermediaries; concentration of consumers of insurance services; change in demand for "mass" insurance services, increased participation of insurers in pension insurance; expanding the scope of private commercial insurance; changes in traditional forms and types of insurance services that lead to a combination of insurance and financial services; change of the market environment in the conditions of full computerization of consumers of insurance services. Ukraine's insurance market is at the stage of formation, gradually adapting to the requirements of European and world markets. We have many gaps in insurance activity, but we are actively trying to eliminate them. For this purpose, the Ukrainian insurance market must be connected to foreign insurance experience and change its own operating models. One such option is Ukraine's cooperation in insurance with the countries of the European Union. Thus, today the insurance market of Ukraine is at the development stage and has certain advantages and a significant number of shortcomings: the growth rate of the insurance market lags behind the growth rate of the economy, and its share in the GDP of the country is insignificant. But the Ukrainian insurance market has a great potential for development. In our opinion, the implementation of the above recommendations should strengthen the financial potential of the Ukrainian insurance market. The formation of a developed market of insurance services in Ukraine will provide favorable conditions for market transformation and stable development of the national economy, development of the world economy and international relations. In view of the preservation of the difficult situation in the economy, the volatility of the operating environment, as well as unresolved issues in the East of the country, one can expect the pressure on the insurance market to be maintained in the near future. This can be manifested as a further reduction in solvent demand for individual insurance services by domestic consumers (both the population and companies), as well as reducing the liquidity and profitability of the insurers themselves. Since the limits of globalization are unrealistic, the only right option in these circumstances is to develop new approaches to regulating processes in the national insurance market and to form effective models of insurance relations management in Ukraine. In view of this, you need: - to determine the main parameters and trends of the development of the modern world insurance space and the place of the insurance market of Ukraine in it; - to form a system of economic regulation instruments that would promptly react to probable significant changes in the insurance business; - ensure a gradual narrowing of the scope of the use of fiscal mechanisms for regulating insurance relations by maximizing the tax burden on the financial performance of insurers through the introduction of taxation principles in the field of insurance in the countries of the European Union; - to adapt the conceptual tools of the national insurance law to the conceptual apparatus of the international agreements regulating the trade in insurance services in the conditions of globalization of the world insurance market; - to adapt the classification of types of insurance activity, the rules for the formation of insurance reserves and their investment in accordance with the requirements of the global insurance market; - continue work on improving the system and structure of management of the institutions of the national insurance market, to study the causes, forms and experience of merging financial, banking and insurance capital.


2021 ◽  
Vol 7 (2) ◽  
pp. 83-95
Author(s):  
I. V. Astapenko ◽  
N. N. Mazaeva

The article is devoted to the issue of cooperation between the institutions of the European Union in the process of adopting legal acts within the framework of a special legislative procedure. Authors analyzed the scope of application of special legislative procedure and ordinary legislative procedure in the EU. It was revealed that the adoption of acts in accordance with one or another type of legislative procedure reflects the dual nature of the European Union, which contains both supranational and interstate principles of legal regulation of various spheres of public relations. The main types of special legislative procedure (consultation, approval) are considered, within the framework of which, in practice, there is intense inter-institutional interaction in the process of developing the final text of the draft act, including through informal consultations and other procedures not directly enshrined in the EU primary law. Although the Council continues to dominate in most cases of the use of special legislative procedure, Parliament nevertheless has relatively wide opportunities to influence the position of the Council. De facto, the expansion of the Parliaments powers within the framework of a special legislative procedure is facilitated by both the position of the EU Court, expressed in a number of decisions on specific cases, and the increased degree of Parliaments influence on the activities of the Commission (which, as a general rule, has the right to initiate legislation), enshrined in the provisions of the constituent agreements.


2019 ◽  
Vol 10 (3) ◽  
pp. 954
Author(s):  
Marina M. VILDANOVA ◽  
Elena P. ERMAKOVA ◽  
Tatyana V. ALEKSEEVA

The authors examine the features of the legal regulation of consumer protection in Russia and the European Union. It has been revealed that: (1) the evolution of non-judicial forms of consideration of consumer disputes both in the Russian Federation and in the EU will help to increase consumer protection and the accessibility of the exercise of the right to resolve disputes for consumers of different property levels, since the procedures under consideration are free of charge; (2) due to the specifics of disputes with consumers of financial services, the creation for these disputes of a special procedure for consideration by professional specialists of the financial market is justified and should positively affect the quality of consideration of cases; (3) the introduction of non-judicial forms into practice will entail a reduction in the resolution of conflict situations and a decrease in the load on the judicial system; (4) there is still some confusion of dispute settlement procedures in a number of provisions of the bill on the settlement of consumer disputes in electronic commerce in the Russian Federation, which is advisable to eliminate when finalizing the bill.


Author(s):  
Daryna Kosinova ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  

This article is devoted to a comparative analysis of the legislation of Ukraine and the EU in the field of legal regulation of waste management. The requirements for approximation of the legislation of Ukraine and the EU in the context of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, are considered. This process is detailed, with the establishment of specific deadlines for the implementation of certain provisions of EU law in Ukrainian law, in Annex XXX to the Association Agreement. Approaches to the establishment of the concept of «waste» in national legislation are noted, it is emphasized that various regulations provide a different definition of this concept and established as defined by EU legislation, a key component of which is the concept of disposal, which aims to solve the problem of homelessness. waste. A number of solutions regulating the classification of waste in the European Union are considered, in particular the existence of the so-called List of waste. Emphasis is placed on the imperfection of the waste classification process in Ukraine, as the Waste Classifier DK 005- 96 does not establish the degree of harmful effects of waste on the environment. The requirements set out in the main Directives governing waste management have been studied. The principles of waste management are considered, in particular, which is enshrined in Directive 75/442/EEC. The National Strategy for Waste Management in Ukraine until 2030 is studied, which identifies the main directions of state regulation in the field of waste management, taking into account European approaches, which are based on key Directives in this area. The strategy stipulates that the normative documents that will be developed and adopted for its implementation should be based exclusively on the principles and provisions of the relevant acts of European legislation.


2021 ◽  

Online social media platforms set the agenda and structure for public and private communication in our age. Their influence and power is beyond any traditional media empire. Their legal regulation is a pressing challenge, but currently, they are mainly governed by economic pressures. There are now diverse legislative attempts to regulate platforms in various parts of the world. The European Union and most of its Member States have historically relied on soft law, but are now looking to introduce regulation. Leading researchers of the field analyse the hard questions and the responses given by various states. The book offers legislative solutions from various parts of the world, compares regulatory concepts and assesses the use of algorithms.


2020 ◽  
pp. 81-85
Author(s):  
O.V. Ilchenko

Protection of the state border is one of the most important functions of the state. The state border is a feature that should be inherent in any state and without which its existence is impossible. Areas of territorial sovereignty of states are determined by the boundaries established between them. Thus, the main purpose of borders is to establish the boundaries of state territories. No state can exist without a legally defined territory. However, the geopolitical state attribute is the relevant political space, which is determined by state borders, which are enshrined in national and international law. The proper functioning of any country, the level of its social and economic development directly depends on the reliable protection, defense and stability of state borders. An integral part of the state border policy and state and legal regulation is the creation of an effective, perfect legal framework and conditions for ensuring the sovereignty, territorial integrity and inviolability of Ukraine, taking into account the current security challenges related to state regulation of border security. , protection and defense of the state border in general and administrative and legal regulation in particular. Ukraine's European integration policy, globalization processes taking place in the world, manifestations of foreign aggression affect border policy and require finding ways to increase the level of reliability of protection and protection of the state border as the main attribute of its sovereignty, territorial integrity and important national security of Ukraine. An important measure to increase Ukraine's border security is the implementation in Ukraine of the project "EU Support to Strengthening Integrated Border Management in Ukraine (EU4IBM)" funded by the European Union and implemented by the International Center for Migration Policy Development (ICMPD). The implementation of the Project will provide an opportunity to identify and eliminate shortcomings in the implementation of reforms that will help bring the national border management system closer to the standards and best practices of the European Union.


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