Decision of the Constitutional Court of Ukraine in the Case of the Constitutional Petition of Sixty People's Deputies of Ukraine Regarding the Conformity to the Constitution of Ukraine (Constitutionality) of the Provisions of Articles 23.3, 23.5, 24.1, 24.2, 25.1, and 26.1 of the Law of Ukraine "On Financial Services and the State Regulation of Financial Services Markets"

2009 ◽  
Vol 44 (6) ◽  
pp. 62-66
Keyword(s):  
Financial Services ◽  
State Regulation ◽  
The State ◽  
Constitutional Court ◽  
The Law

scholarly journals STATE REGULATION OF CAPITAL MARKET IN UKRAINE

2021 ◽  
Vol 1 (21(49)) ◽  
pp. 4-9
Author(s):  
Lyudmyla Berezovska ◽  
Anastasiia Kyrychenko
Keyword(s):  
Stock Market ◽  
Capital Market ◽  
Financial Services ◽  
Money Market ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Financial Instruments ◽  
The European Union ◽  
The Law

In modern conditions a developed stock market is a necessary element of the country's economy effective functioning as it establishes legal and economic relations between businesses that need financial resources and individuals who can provide them. The level of business activity in this sector determines the state of economic development of the country. Exchange activity in a market economy requires government regulation in order to ensure the efficiency, balance and stability of the exchange market. The purpose of the article is to analyze the state regulation of the stock market in Ukraine. The article analyzes the dynamics of trading on the stock market of Ukraine, identifies problems with its operation. The main models of state regulation of the financial services market are considered, namely: monoregulatory and polyregulatory. It is concluded that there is a multi-regulatory model of organized markets in Ukraine, as regulatory functions are assigned to the National Commission on Securities and Stock Market and the National Bank of Ukraine on domestic government bonds, money market derivative contracts, money market instruments. The state regulation of the stock market in Ukraine in accordance with the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplification of Attracting Investments and Introduction of New Financial Instruments" of June 19, 2020 is studied. which includes capital markets and commodity markets; improving the organization of the depository and clearing system; introduction of a trade repository and a liquidation of the netting mechanism; enshrining in law the differences between qualified and unqualified investors; introduction of green bonds as a new type of financial instruments. It is concluded that the adoption of the above law is an important step in the development of the stock market, as this law amends the law "On Securities and Stock Market" and establishes uniform rules for all exchange traders, defines the market regulator and circulation mechanism. financial instruments, radically changes the structure of the capital market and adapts Ukrainian legislation to the norms of the European Union in the field of financial services, bringing Ukraine closer to the global financial space.

STATE REGULATION OF THE FINANCIAL SERVICES MARKET IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 30-47
Author(s):  
Lyudmila Nikolayevna Akimova ◽  
Alla Vasilievna Lysachok
Keyword(s):  
Life Insurance ◽  
Financial Services ◽  
Credit Unions ◽  
State Regulation ◽  
The State ◽  
Existing Problems ◽  
Insurance Contracts ◽  
State Pension

The essence of such concepts is “financial service”, “financial ser- vices market”, and “participants of the financial services market”; determined the purpose of state regulation of the financial services market; forms of state regu- lation of the financial services market; financial services that are present in the financial services market; the structure of state regulation bodies of the financial services market in Ukraine is given; The role of state bodies in the regulation of the financial services market was studied; to characterize the regulatory le- gal regulation of the financial services market in Ukraine; the main problems of functioning of the domestic market of financial services are revealed; ways to solve existing problems. It is grounded that the state regulation of financial ser- vices markets consists in the state’s implementation of a set of measures aimed at regulating and overseeing financial services markets to protect the interests of financial services consumers and preventing crisis phenomena. It is concluded that the financial services market is an important element of the development of the economy as a whole, in particular, it concerns not only the state but also society. We must understand that when this market is settled, that is, all bodies that carry out state regulation are competent in their powers, only then will we make informed, effective decisions about the normal and effective functioning of the RFP. It is important that the data of the subjects of control do not overlap, their activities should be fixed at the legislative level. It is also worth bearing in mind that appropriate conditions must be created to create compensatory mecha- nisms in the financial services markets by developing a system for guarante- eing deposits and providing for payments under long-term life insurance contracts, non-state pension provisions, deposits with deposit accounts to credit unions, etс.

scholarly journals F v MINISTER OF SAFETY AND SECURITY: Vicarious liability and state accountability for the criminal acts of police officers

2016 ◽  
Author(s):  
Heidi Barnes
Keyword(s):  
Police Officers ◽  
The State ◽  
Constitutional Court ◽  
Vicarious Liability ◽  
State Accountability ◽  
Normative Basis ◽  
The Law

The Constitutional Court judgement in F v Minister of Safety and Securityis a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it clarifies the normative basis for holding the state vicariously liable for the criminal acts of police officers. In this latter respect it significantly promotes state accountability for the criminal acts of police officers.

scholarly journals The Rights Of The Constitutional Court's Decision On The House Of Representatives 'Representatives About The President's Prospective And / Or The President's Vice Representatives According To The State Basic Law Of The Republic Of Indonesia Year 1945

2019 ◽  
Author(s):  
Fahri Bachmid ◽  
Said Sampara ◽  
La Ode Husen
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
The State ◽  
Political Institution ◽  
Vocational School ◽  
Constitutional Court ◽  
Basic Law ◽  
The Law ◽  
The Republic ◽  
Legislative Assembly

This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President has violated the law in the form of treason, corruption, bribery, other serious crimes, disgraceful acts and / or the opinion that the president and / or vice president no longer fulfill the requirements as President and / or Vice President.

scholarly journals ANALISIS YURIDIS MEKANISME PEMAKZULAN PRESIDEN DAN WAKIL PRESIDEN MENURUT UUD NEGARA REPUBLIK INDONESIA TAHUN 1945 (SETELAH PERUBAHAN)

Jurnal Hukum ◽  
2020 ◽  
Vol 36 (1) ◽  
pp. 46
Author(s):  
Zainal Arifin
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Arabic Language ◽  
The State ◽  
Constitutional Court ◽  
Western Countries ◽  
The Law

The term impeachment is not explicitly written in the constitution. In Big Indonesian Dictionary New Edition deposed mentioned is put positions; king abdicated. Prof. Jimly Asshiddiqie explained, impeachment is the uptake of the Arabic language which means derived from office. Or equal to the term 'impeachment ' in the constitution of Western countries. Dismissal of the President and / or Vice President of the mechanism is already provided for in Article 7A and 7B 1945. Prior to MPR dismiss both the President and / or Vice President , the mechanisms that must be taken is the first , the proposed dismissal of the President and / or Vice- president of the Board House of Representatives to the Assembly with only first submit a request to the Constitutional Court to examine, and decide upon the opinion of the House that the President and / or Vice President has violated the law in the form of treason against the State , corruption , bribery , criminal acts other heavy , or moral turpitude ; and / or opinions that the president and / or vice president is no longer eligible as president and / or vice president.

scholarly journals POLITIK HUKUM KEWENANGAN KONSTITUSIONAL DEWAN PERWAKILAN DAERAH DALAM PROSES LEGISLASI PASCA PUTUSAN MK NOMOR 92/PUU-X/2012

2015 ◽  
Vol 4 (3) ◽  
pp. 365
Author(s):  
Anna Triningsih
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

<p>Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah (UU MD3) pasca putusan Mahkamah Konstitusi (MK) dinilai memiliki problem substantif/materil akibat materi muatannya bertentangan dengan Undang-Undang Negara Republik Indonesia Tahun 1945 (UUD NRI 1945), yang mengakibatkan kerugian konstitusional terhadap Dewan Perwakilan Daerah (DPD), meliputi dikuranginya kewenangan DPD untuk dapat mengajukan (Rancangan Undang-Undang) RUU, dikuranginya kewenangan DPD untuk membahas RUU dan dikuranginya kewenangan DPD dalam kedudukannya sebagai lembaga perwakilan daerah. Hal ini menunjukan bahwa pembentukan UU MD3 nyata-nyata tidak menghormati putusan MK yang diberi mandat UUD NRI 1945 sebagai lembaga penafsir dan penjaga konstitusi, dengan tidak menghormati, mematuhi, dan melaksanakan putusan MK ini menunjukkan ketidakpatuhan terhadap putusan lembaga negara yang telah ditunjuk konstitusi untuk mengawal kemurnian pelaksanaan konstitusi. Penelitian ini menggunakan metode normatif menggunakan pendekatan perundang-undangan ( statute approach ), pendekatan konsep ( conceptual approach ), dan pendekatan historis ( historical approach ). Ketidaktaatan penyusunan UU MD3 pada putusan MK merupakan pengingkaran UUD NRI 1945 dan perkembangan ini merupakan langkah mundur reformasi. Pembentuk Undang-Undang, dalam hal ini, Dewan Perwakilan Rakyat (DPR) dan Presiden harus segera melakukan perubahan UU Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan dengan berpijak pada rambu-rambu konstitusional Putusan MK Nomor 92/PUU-X/2012.</p><p>Law Number 17 Year 2014 on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, and the Regional House of Representatives (MD3 Law) after the decision of the Constitutional Court (MK) is considered to have a substantive problem due to the substance that is contrary to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution), which resulted in the constitutional loss of Regional Representatives Council (DPD), including the reduction of DPD authority to propose draft bills, to discuss draft bills and the reduction in its authority as the regional representative institution. This shows that the drafting of MD3 Law is obviously not respecting the decision of the Court that is mandated by the 1945 Constitution as the interpreter and guardian institution of the constitutional, by not respecting, obeying and implementing MK’s decision which indicates non-compliance with the decision of the state institution that has been designated to guard the purity of the constitution implementation of the constitution. This study uses normative method with statute approach, conceptual approach and a historical approach. The noncompliance of the drafting of MD3 Law towards the MK’s decision is a denial of MK and this development is a step back of Reformation. The legislators, in this case, the House of Representatives (DPR) and the President should immediately amend the Law Number 12 Year 2011 on the Establishment of Laws and Regulations based on the MK’s Decision No. 92/PUU-X/2012. </p>

scholarly journals HOW MUCH MIGHT IS RIGHT? Application of Section 49 of the Criminal Procedure Act

2006 ◽  
Author(s):  
Traggy Maepa
Keyword(s):  
South African ◽  
Use Of Force ◽  
Criminal Procedure ◽  
The State ◽  
Constitutional Court ◽  
Court Ruling ◽  
The South ◽  
Standards Of Practice ◽  
The Law

In 1998 the South African parliament voted on the issue of the use of force when effecting an arrest, in order to bring standards of practice in line with the rest of the democratic world. Four years later the law still has not been signed by the state president, largely due to protests by the ministers of Justice and Constitutional Affairs and Safety and Security. The issue has been before the Constitutional Court and in May 2002, this court did what the executive was afraid to do, striking down parts of the Section and clarifying “reasonable force”. But the court ruling still did not go as far as the legislation in protecting citizens.

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