scholarly journals LEGAL REGULATION OF LIABILITY FOR OFFENSES IN THE FINANCIAL SPHERE IN THE EU COUNTRIES AND UKRAINE: COMPARATIVE ANALYSIS

2019 ◽  
Vol 4 (5) ◽  
pp. 276
Author(s):  
Dmytro Pryimachenko ◽  
Tetiana Minka ◽  
Volodymyr Marchenko

The aim of the article is to conduct a comparative analysis of the legal principles for liability in the financial sphere in the EU and Ukraine and to define ways of domestic legislation improvement on this basis. The subject of the study is the experience of European countries in the state regulation of liability for financial offenses. Methodology. The study is based on a comparison of foreign experience in the legal regulation of liability for financial offenses on the example of European states with the status of the national tort law in this area. The use of general scientific and special scientific methods and techniques of scientific knowledge enabled to characterize the national experience of the legal regulation of legal liability for committing financial offenses by the coverage of the provisions of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Tax Code of Ukraine, as well as its comparison with the experience of the legal regulation of liability for offenses in the financial sector on the example of France, Germany, Latvia, Spain, Sweden, Greece, and other EU countries. The results of the comparative legal study revealed that contrasting the EU member states, the national model of the legal regulation of liability for offenses in the financial sector is characterized by multi-levelness and varying degree of severity of punishment. Practical implications. It is proved that the mechanism of the legal regulation of liability for financial offenses in Ukraine is more improved than in European countries because of the legal provisions with a strict codification of financial offenses, their differentiation into administrative delicts and criminal offenses that enables to impose milder state sanctions on those acts that do not pose a significant social danger. Relevance/originality. A comparative legal study of the experience of the legal regulation of liability for financial offenses provides a better understanding of the prospects for the development of national administrative tort law in this area.

Author(s):  
V. Humeniuk ◽  
Iu. Umantsiv ◽  
A. Dligach ◽  
Н. Іванова ◽  
H. Umantsiv

Abstract. The aim of the conducted research is elaboration of conceptual statements and formulation of practical recommendations aimed at development of the methodological bases of state financial support for small business. On the basis of the existing theoretical statements, discovery of essential characteristics, peculiarities and systematisation of the obtained results of the research, conceptual approaches to interpretation of the features of state financial support for small business during the coronavirus crisis have been suggested. Small business is an important component of the economic system of any country. It ensures formation of the complex structure of the market for goods and services, development of efficient competition and promotes addressing the needs of consumers in conditions of formation of their sovereignty. State financial support for small business in European countries is at different stages of development. In the EU countries, financial policy of small business regulation is an example of state intervention in the mechanism of market self-regulation in order to solve social and economic problems by changing the economic behaviorur of small enterprises. The formational process, strategic priorities of state financial support for small business in European countries and macroeconomic instruments for its implementation during the coronavirus crisis have been studied. Changes in the concern of the world community in forms of state financial support for small business have been detected. A comparative and analytical examination of the instruments for macroeconomic financial regulation, which are being used during the COVID-19 pandemic in Europe, has been conducted. The research shows the importance of small business in terms of solving economic and social problems of social development, outlines the situation of state financial support in the EU countries in comparison with Ukrainian small enterprises, determines the general features and differences in state regulation of entrepreneurship. The practical significance of the obtained results consists in the fact that the main scientific statements of the article can be used in practice of state and regional management of small business. Keywords: small business, state regulation, financial support, financial policy, coronavirus crisis. JEL Classification H12, D21, E61 Formulas: 0; fig.: 2; tabl.: 1; bibl.: 12.


Stanovnistvo ◽  
2015 ◽  
Vol 53 (2) ◽  
pp. 43-66
Author(s):  
Ivana Magdalenic ◽  
Gordana Vojkovic

Most European countries nowadays are characterized by a fertility level, which by earlier theoretical considerations was not even assumed as the lower limit for childbearing. The focus of this paper are the changes in reproductive behavior of women during the second half of the 20th and beginning of the 21st century as well as the changes in the age model of childbearing which resulted from that. The comparative analysis between Serbia and 28 EU member countries covers the period 1960-2012. The distribution of live births according to mother's age was analyzed, as well as the phenomena of postponing births and increasing the average age of mothers at childbirth, changes in the structure of female population according to the number of live births, and the decrease of higher birth orders. Demographic potentials of fertility through age structures of the fertile cohort were also pointed out. The similarities and differences in the fertility patterns in the Republic of Serbia and the EU countries were considered in order to determine the specificities of the reproductive model of women in Serbia and the widespread phenomena of postponing births. The fertility transition in Serbia in the second half of the 20th century had the same trend as in the EU countries evolving in the direction of constant lowering of the childbirth levels. Nevertheless, in relation to the sixties of the 20th century, Serbia shifted towards the lower part of the scale at which the EU countries are ranked according to total fertility rate. Almost all EU member countries (except for Luxembourg, Malta, Cyprus and Portugal) marked an increase in fertility in the 2000-2011 period, while the fertility level in Serbia, with some oscillations, continued to decrease. The turnabout in total fertility rate registered in most European countries is attributed to the effect of postponed childbirths, while it is assumed that its impact will be marked in Serbia during the next decade. Changes in the fertility age models of the population in Serbia in the second half of the 20th century progressed in the form of an intensive and almost continual decrease of the level of live births in the two youngest age groups (15-19 and 20- 24), while the other cohorts marked fluctuations of age-specific fertility rates (ASFR). The fertility level of the 25-29 cohort, which is also the bearer of maximum childbirths in Serbia (91.6?), is considerably lower than the level of the same age group in France (134.2?) or Sweden (113.9?). With the present fertility level (TFR 1.45), Serbia is closer to the populations of central and southern Europe. Furthermore, a comparative analysis of the scope and internal composition of the reproductive cohort of selected countries shows that Serbia belongs to the category of countries which is characterized by a considerable reduction of the reproductive demographic framework and unfavorable age structure of the fertile cohort. The existing differences in relation to the EU countries with the highest fertility confirm that fertile period is not taken advantage of, and that there is considerable capacity for stimulating births of women at the so-called optimal reproductive age (as the ASFRs of these groups are considerably below the level of countries with the highest fertility). Furthermore, the current higher fertility rate of older women in Serbia does not compensate for the reduced reproduction in the younger years, as the ASFR of women of the older cohorts is also lower than in countries with higher fertility.


2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.


Author(s):  
Luidmyla Ivanivna Huk ◽  
Marta Oleksandrivna Grabchak

The article attempts to conduct a comparative analysis of youth parties in the EU. Investigate theoretical approaches to understanding the concept of "political party" - as well as to highlight the main features and characteristics of youth parties.


Author(s):  
Elena S. Boltanova ◽  
◽  
Maria P. Imekova ◽  

In the world, it is customary to create biological databases of different species. And initially, the databases for the investigation of crimes were widespread. However, later, when their potential and benefits, including for medicine, were assessed, the databases for other areas appeared. Russia was no exception in this regard. Although, in our country, unlike foreign states, the activities of biological databases based on purposes other than the disclosure of crimes are practically not regulated in any way. This article deals with the analysis of legal regulation of biobanks in the Russian Federation and abroad. Special attention is paid to the classification of biobanks. The purpose of the study is to determine the feasibility in the legislative regulation of their activities, as well as the patterns in such a regulation. To achieve this goal, the authors studied extensive regulatory material, which included EU directives and national regulations of the EU member states. The methodological basis of the study was the general scientific and private scientific meth-ods of research. Of course, such private scientific research methods as the comparative-legal method and the formal legal method have been widely used. Due to the comparative legal analysis, it is established that the EU countries have a high level of legislative activity in terms of determining the legal regime of biological databases. All countries recognize the specifics of such a legal regime, which can largely be explained by a special legal nature of biological samples and biological data. In this regard, the following issues related to the activities of biological databases are reflected everywhere in the EU countries at the level of law: the procedure for their creation; the procedure for receiving, processing, storing and transmitting biological samples and the data obtained on their basis; the rights and obligations of database creators and persons who have provided their biological samples and biological data about themselves; a set of measures aimed at protecting the rights and interests of donors and third parties, etc. As it seems, a similar approach to the regulation of the activities of biological bases estab-lished not for the investigation of crimes should be implemented by Russia. At the same time, special attention should be paid to the research of biological databases. In the Russian Federa-tion, they are created, as a rule, at the local level. Their main drawback is that they are sepa-rate sources of limited biological information, functioning independently of each other while comprehensive (concentrated in one place) information can bring invaluable benefits and advantages for Russian science and medicine as a whole. However, this requires the estab-lishment of an appropriate legal framework.


Author(s):  
Yevhen Redzyuk

The goal of this article is to develop practical, scientific and methodological recommendations to improve the market development of Ukraine and reduce the divergence of its economy in relation to the EU economy. Research methodology includes: system-structural and comparative studies (to understand the logic of the functioning of modern market institutions in Ukraine and Europe); monographic analysis (in the study of approaches to improve the market development of the Ukrainian economy); statistical and economic analysis (when carrying out a rating assessment in relation to economic freedoms and competitiveness of the Ukrainian economy). Scientific novelty: it was revealed that the state of market development of the Ukrainian economy is significantly lower not only in comparison with the EU countries, many CIS countries, but also lags behind the overwhelming major- ity of countries in the world. The reason for this is the low efficiency of the ju- dicial and law enforcement system; weakness and archaism of state regulation of the business environment; monopolization and oligarchization of the economy, non-transparent approaches to the privatization of assets in Ukraine; “Black” and “gray” land market; violation of customs procedures and registrations, which sig- nificantly saturate the markets of Ukraine with counterfeit and smuggled goods. In contrast, EU countries are pursuing policies that promote asset and property rights protection, stimulate job creation and economic growth by creating a busi- ness-friendly climate, as well as focusing on innovation and related infrastructure aid funds. Conclusions: a proactive state policy is needed in the formation of ef- fective regulatory institutions in Ukraine, in anti-corruption and economic reforms, in reducing the level of monopolization and oligarchization of markets; also priva- tization stimulating investment and innovation; transition from extensive to in- tensive management methods; embedding of domestic products into external value chains; increasing investment in domestic infrastructure; priority in the develop- ment of small and medium-sized businesses; systemic focus on increasing the productivity of the economy; the emergence of new businesses in a low-carbon and environmentally friendly economy. Key words: economies of the EU and Ukraine, market development, European economic integration, world economy.


2021 ◽  
pp. 369-381
Author(s):  
Borko Mihajlović ◽  

Increased importance and availability of different forms of digital assets have resulted in increased consumers’ interest to conduct transactions with this specific type of assets. Increased consumers’ presence on the markets for digital assets has become one of the major challenges that modern consumer law encounters. The main risk faced by consumers who trade with different forms of digital assets arises from their instability and volatility. For that reason, the possibility of a loss of invested means is significantly higher compared to other similar marketplaces. The main subject of this paper is a review of basic mechanisms of consumers’ protection on the markets for digital assets. The review has been based on a comparative analysis of the Serbian Law on Digital Assets and of the EU Proposal for a Regulation on Markets in Crypto-assets. Before the analysis of concrete legal provisions on consumer protection has been made, the author indicates to certain traits of digital assets and problems and risks that consumers face in this innovative and dynamic marketplace.


2012 ◽  
Vol 49 (No. 5) ◽  
pp. 213-216
Author(s):  
A. Bandlerová ◽  
E. Marišová

A vast majority of agricultural land is leased, only a few owners manage their own land. The market with agricultural land falls behind and, together with land lease, it depends on the prosperity of Slovak agriculture. In comparison with the EU countries, the prices of land and land lease in Slovakia are disproportionately low. At present, the Slovak legislation is focused on legal regulation of long-term, i.e. lasting more than ten years, leasing. However, this raises a question whether we should not rather concentrate on the support of the developing market with agricultural land instead.


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