scholarly journals ORGANIZATIONAL AND LEGAL REGULATION OF THE FINANCIAL SECTOR OF THE ECONOMY AMID EUROPEAN INTEGRATION

2019 ◽  
Vol 4 (5) ◽  
pp. 379
Author(s):  
Oleksii Fedotov ◽  
Svetlana Levchenko

Financial sector development depends on the efficiency of its regulatory mechanisms that should correspond to the directions of implementation of state financial policy, which is aimed at the support for economic stability, protection of interests of participants in financial markets, and provision of rational use of growing financial market potential. Introduction of the mechanism of organisational and legal regulation is able to implement a complex approach to the application of various methods, means, other regulators on processes of effective formation and use of state financial resources in order to ensure their coordination and correspondence to strategic development priorities of the state. The purpose of the article is to substantiate features of organisational and legal regulation of the financial sector of the economy of EU countries and Ukraine, identify the main directions for reformation and recommendations for its improvement in the context of European integration trends and the possibility of securing competitive positions of Ukraine in the international market. The most widespread in the world are two models for regulating the financial sector’s activity – sectoral model and mega-regulator model. In the sectoral model, functions of public authorities are distributed according to three financial sectors (banking, insurance, stock). The model of mega-regulator determines the peculiarities of establishing a single authority endowed with functions of supervision and regulation of the financial sector. At the modern state of countries’ development, the main methods and forms of state regulation of the financial sector are determined by direct (development and adoption of laws and regulations, licensing of the activities, supervisory activities and implementation of measures of supervision of financial institutions) and indirect (changes in the volume of cash resources, securities issue, interest policy, provision of guarantees on fulfilment of obligations for securities of separate issuers, encouragement of foreign relations with international financial organisations) influence. Financial sector regulation in the EU and Ukraine is carried out according to the sectoral model where banking activities are subject to the Central Bank; activities in the market for securities are regulated by the National Securities and Stock Market Commission; activities of other financial intermediaries and financial companies are regulated by the National Commission for State Regulation of Financial Services Markets. Results of the research conducted allow determining the features of state regulation of the financial sector of the economy of Ukraine: the lack of legislative environment for regulating the financial status at the macrolevel and microlevel; provisions of the existing regulatory framework are aimed at the regulation of economic security; the absence of strategic benchmarks fixed in long-term documents for ensuring financial development of the country and the economic development of financial institutions; the presence of several regulators of the state of the financial system that duplicates functions and causes inefficient work; information closeness of regulators of financial market and financial system regarding the results of their work on ensuring the financial stability of the state. In order to improve rating positions and competitive advantages of Ukraine in global markets, it is necessary to develop additive legal framework and state support program for export-oriented enterprises for the promotion of export of finished products with high added value; start the policy of expansion on the basis of expansion of both geographical and commodity structure of exports.

2018 ◽  
Vol 4 (4) ◽  
pp. 106-115
Author(s):  
Nataliia Zachosova ◽  
Nataliia Babina

In the conditions of the financial system destabilization in Ukraine, caused by such negative phenomenaas military actions in the East, the economic downturn, political and financial crises, population disappointment inthe institution of power and loss of the people’s confidence in power structures and so on, market mechanisms arenot able to ensure the restoration of the national financial market and to encourage its professional participantsto use mechanisms of protection their own assets and the assets of their clients from external and internal threatsactively. State interference in the functioning of financial institutions is necessary, especially for those of their types,whose bankruptcy may have fatal consequences for the welfare of the population and cause the liquidation ofeconomic entities of the domestic economy. Among them are: banks, insurance companies, credit unions, andother institutions of credit co-operation, investment companies, in particular, joint investment institutions (unit andcorporate investment funds), non-state pension funds, leasing, factoring, and other financial companies, pawns,etc. Therefore, it is expedient to consider the possibility of the influence of state regulators in financial servicesmarkets on the state of their participants’ economic security. However, the study of the realities of the financialmarket of Ukraine development has made it possible to assert that for a number of financial institutions, the conceptof economic security is something abstract, and the understanding by their top management the importanceof economic security management, taking into account the negative market trends, is completely absent.So, the purpose of this study is to diagnose the level of financial institutions preparedness for the implementationof economic security management into their common system of management. The high level of financial marketparticipants’ readiness for safe-oriented management will allow regulators to rapidly implement in their practicea list of recommendations that will minimize the threat of bankruptcy and liquidation of domestic financialinstitutions. Methodology. In the process of preparing a scientific article, a great number of literary sources wasconsidered. Some of them were developed using the method of theoretical generalization and the monographicmethod. The theoretical results presented in the research materials were obtained on the basis of the study ofworks of such scientists as Amadae S. M., Baily M. N., Elliott D. J., Ismail Z., Johnson K. N., Mirtchev A., Nelson J. A.,Raczkowski K., Schneider F., Sidek Z. M., Ula M., Whalen C. J., Wierzbicka E., Yong J. To confirm the reliability of thescientific results presented in the article, the authors used the Delphi method and expert evaluation. The list ofindicators for assessing the level of financial institutions readiness for the implementation of a mechanism formanaging economic security in the following five areas is formed. These areas are: the availability and conditionof the economic security system, the state of information and analytical support for the adoption of managementdecisions in the field of economic security, the state of intellectual and personnel management provision ofeconomic security, reserves of financial support of economic security, the level of external influence on the stateof economic security (state regulation and supervision). In May 2018, representatives of the top management ofvarious types of financial institutions, scientists, researchers, and analysts who were interested in the issues ofeconomic security management of the financial sector were interviewed. Their answers were analysed and the levelof readiness for managing the economic security of the most common types of financial institutions in the financialmarket of Ukraine was determined. Using the graphical method, the obtained scientific results are presented ina convenient and understandable form for the perception of all interested persons. Results of the survey. The necessityof carrying out diagnostics of the readiness to manage economic security at the level of state regulatory bodies andat the level of top management of financial institutions in the near future is substantiated. A large-scale analytical work was carried out on determining the parameters of financial institutions readiness for the continuous and professional economic security management, which should be carried out with the use of a systematic approach. Based on expert opinions, a preliminary assessment of the various types of financial intermediaries’ readiness to integrate security-oriented management into the financial institutions’ common management system was made. Practical implications. The proposed methodological approach for assessing the level of financial institutions readiness to manage their own economic security should be used by the state regulators of the financial market, in particular, by the National Bank of Ukraine and the National Commission, which performs state regulation in the field of financial services markets, to monitor the activities of professional financial market participants in order to conduct advisory and consultative work with their owners and managers, as well as for the development of strategic guidelines for the provision of the state financial security. It is desirable to implement into the practical activities of financial intermediaries our proposals for increasing the readiness for implementation of the economic security management mechanism in the existing systems of management. Value/originality. For the first time, a scoring methodology was prepared for assessing the level of financial institutions readiness for the implementation of economic security management as an independent direction of management, and not as one of the tasks of other types of their management activity. At the theoretical level, the substantive interpretation of the notion of the readiness of financial institutions to manage their own economic security is proposed. The reasons for the impossibility of the modern financial institutions to manage their own economic security effectively are identified, and a few suggestions to minimize their number in the near future were made.


2019 ◽  
Vol 5 (2) ◽  
pp. 45 ◽  
Author(s):  
Nataliia Zachosova

Ukraine’s integration into the European economic space requires the conformity of many segments of the domestic economic system to the standards, norms and traditions of the EU. The financial market and its participants form the financial basis for economic development, mediate the capital movement, make it possible to form a powerful investment resource and provide financial cooperation at the supranational level. However, domestic financial services markets are now destabilized; the volumes of assets used by their professional participants are significantly lower than the financial potential of the financial institutions of the European Union markets, to the convergence with which the Ukrainian financial sector terribly seeks. In addition to the capacity dimension, a large number of destabilizing factors that have been contributing to its development in recent years remain a problematic aspect of the domestic financial market evolution. The purpose of this study is to develop an innovative approach to assessing the level of financial institutions’ economic security, as well as substantiate its use in a management activity of company management to ensure a high level of profitability and in the regulatory activity of state authorities in order to guarantee the financial security of the state. Methodology. The methods of research will be: methods of induction and deduction, scientific abstraction and generalization, a method of organizing, expert method, graphical method for the identification of intermediate and final results of the study, as well as a generalization method for formulating conclusions and proposals at the end of the conducted scientific research. Results of the survey. The author’s methodical approach to assessing the level of financial institutions economic security is offered. The possibility of using the results of assessing the level of financial institutions economic security by the top management of professional participants in the financial market has been established. The directions of its application by the national regulators of the financial market for the purpose of ensuring the financial security of the state through the mechanism of monitoring and control of the results of activities of financial intermediaries are determined. Practical implications. The proposed innovative approach in the estimatology of financial institutions economic security should be used by the state regulators of the financial market, in particular, by the National Bank of Ukraine and the National Commission, which performs state regulation in the field of financial services markets, to monitor the activities of professional financial market participants in order to conduct advisory and consultative work with their owners and managers, as well as for the development of strategic guidelines for the provision of the state financial security. Value/originality. Methodological approaches to assessing the economic security level of financial institutions in the process of managing their activities should be the basis of documentary support for security management of the system of economic security, and their reuse after the introduction or modernization of the mechanism of economic security system management of financial institutions will allow diagnosing the level of its effectiveness and, if necessary, to change the target guidelines for managing the economic security system to ensure maximum levels of the protection for the economic interests of companies and their clients from threats, as well as to ensure a high level of financial security of the state.


2021 ◽  
Vol 76 (3) ◽  
pp. 69-76
Author(s):  
Hanna Buha ◽  

The article emphasizes the unprecedented growth of the role and importance of monetary relations in the formation of the market component of society, by supplementing it – the financial market and financial services markets, non-bank financial institutions professionally engaged in large-scale financial transactions. In this regard, monetary relations in their interaction with legal norms give rise to financial legal relations, which simplifies and disciplines the understanding and perception of monetary relations as an object of financial and legal regulation. It is stated that the regulatory impact on monetary relations in the activities of non-bank financial latter in market relations goes beyond public finance, expanding due to corporate and private finance, their market component, and the volume of private and commercial monetary resources in such conditions are one of the parties to the financial and credit relations. The environment for the implementation of modern monetary policy is formed by many factors, which together create extremely difficult conditions and reduce the effectiveness of monetary policy in achieving its goals. However, the most significant is the spread of the global financial crisis, to overcome which Ukraine needs to improve the legal framework for monetary regulation and apply market mechanisms to regulate the credit system. From a legal point of view, it is important when considering monetary relations (especially the forms of their expression) to understand the substantial nature of the financial mechanism as a whole. It is not the institutions of the financial system such as commercial banks, insurance companies, pension funds, investment funds or other institutions that generate credit as such, but, on the contrary, the existence of monetary relations generates the relevant institutions. And this is not just a scholastic play on words or manipulation of scientific concepts, but a legal fact. Thus, despite the rather intensive formation, the non-banking financial sector has not yet become the main and convenient mechanism for providing the real sector of the economy with the necessary financial resources. They are going through the initial period of their formation, their development remains little dynamic, sometimes even chaotic, which is why it is important to further study their legal nature, activities, functions they perform in the economy of the state and so on. In order to minimize the risks that may result from the lack of stability, transparency and competitiveness of the non-banking financial sector, it is necessary to strengthen the institutional and financial capacity of bodies regulating the financial services market and create an effective system for preventing crimes committed by non-banking financial institutions. Public policy in the non-banking financial sector should be aimed at: creating a system of risk identification, monitoring and ongoing analysis of the financial services market in order to ensure opportunities to take precautions to ensure financial security; strengthening transparency and openness in the activities of financial institutions and the body that carries out state regulation and supervision of such institutions; increasing the solvency and financial stability of non-bank financial institutions; ensuring proper protection of consumers of non-banking financial services; preventing the use of non-bank financial institutions for unproductive withdrawal of capital abroad.


Author(s):  
Oleksandra Maslii ◽  
Andrii Maksymenko ◽  
Svitlana Onyshchenko

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.


2014 ◽  
Vol 15 (2) ◽  
pp. 119-129
Author(s):  
Paweł Trippner

Abstract Collective investors play an extremely important role in the financial system of the state and in the economy. They operate in the financial market as institutions that enable households and businesses to convert savings into investments. Investment funds are the most conventional institutions which are dealing with financial intermediation. The main purpose of the submitted paper is to characterise the essence of investment funds operation in the role as financial intermediaries, to present the investment strategies and to characterise the methodology for measuring the effectiveness of capital management entrusted by the clients. The author has formulated a research hypothesis, according to which, the strategies of capital location policy used by the investment funds have an impact on the level of their performance, while funds holding higher risk portfolios perform better compared to the funds using passive investment strategies


2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.


Author(s):  
Комаринець С. О.

The state of the modern financial market is not homogeneous. Various organizations act on it, such as world, investment, public, retail, social, church, green, folk and development banks; official and unofficial banking organizations; shadow financial system. Mutual assistance banks, rural banks, credit unions, savings and loan funds are institutions formed on the basis of mutual assistance among people. There are also banks operating in the «western» financial tradition and those operating under the laws of Sharia. Value banks are social, ethical, green and public banks without a definite management model that function in the form of joint stock companies, unions and private enterprises. In the article, the ways of formation, organizational structures, historical and religious preconditions of creation and modern tendencies of development of value banks are viewed.


2020 ◽  
Vol 16 (1) ◽  
pp. 21-32
Author(s):  
Vyacheslav N. Bobkov ◽  
Natalia V. Loktyukhina

The Object of the Study. Informal employment in Russia, factors affecting the development of informal employment. The Subject of the Study. Socio-economic policy in connection with the development of non-standard forms of employment in Russia. The Purpose of the Study. Developing of proposals for the transformation of socioeconomic policy in the context of the development of non-standard forms of employment in Russia. The Main Provisions of the Article. The main factors influencing the development of non-standard forms of employment are: the development of information and communication technologies and robotics, changing consumer preferences, demographic factors, changing the quality of the workforce, institutional factors, globalization. The proposals on the directions of socioeconomic policy, necessary for a positive impact on the situation with the state and development of precarious work in Russia are substantiated. The objective of such a policy in terms of precarious work is to reduce (reduce to “no”) its risks, expand positive opportunities for the parties to labour relations and society as a whole in the context of the development of the ICT and robotization. Measures are proposed in the field of the “lifelong learning” program, state regulation of the labour market (including in terms of improving the activities of state and non-state employment services, unemployment benefits, electronic personnel management), the development of a social partnership system (primarily in terms of improving activities of trade unions), the development of external institutions affecting the labour market and employment (Tax policy, Informing on the state of legal regulation labor relations). It is advisable to update the National Project “Labour Productivity and Employment Support”, providing for the whole range of issues of promoting productive employment, due to the development of its non-standard precarized forms.


VUZF Review ◽  
2021 ◽  
Vol 6 (2) ◽  
pp. 160-170
Author(s):  
Małgorzata Hala

The aim of the article is to present the role of the financial system in economic growth and development. The first part presents the traditional understanding of the relationship between the economic system and economic growth. The second part presents the experience of financial crises and their impact on the conversation on the mutual relations between the financial sector and the real sector. The third part shows the role of the state in the financial system. The article describes the arrangement of interrelated financial institutions, financial markets and elements of the financial system infrastructure.  It shows what part of the economic system the financial system is, and whether it enables the provision of services allowing the circulation of purchasing power throughout the economy. The article presents the important role of the financial system, the role related to the transfer of capital from entities with savings to entities that need capital for investments. It shows the financial system as a set of logically related organizational forms, legal acts, financial institutions and other elements enabling entities to establish financial relations in the real sector and the financial sector, and this system forms the basis of activity for entities using money, enabling the conclusion of various economic transactions, in which money performs various functions. The article also presents the concept of a financial crisis as a situation in which there are rapid changes in the financial market, usually associated with insufficient liquidity or insolvency of banks or financial institutions, and as a result, a decrease in production or its deepening. The article also includes issues related to the impact of public authorities (state and local authorities) on the financial system in the economy.


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