scholarly journals Cryptocurrency as a payment agent

2021 ◽  
Vol 11/3 (-) ◽  
pp. 20-24
Author(s):  
Viktoriia PYLYPENKO ◽  
Mykhailo HALAI ◽  
Ihor KOSIAK
Keyword(s):  
Foreign Currency ◽  
Legal Regulation ◽  
Minimum Level ◽  
Online Networks ◽  
Goods And Services ◽  
Legal Nature ◽  
National Bank ◽  
Basic Functions ◽  
Method Of Payment ◽  
The Eu

The paper examines the essence of cryptocurrency as a method of payment has been investigated and identifies its key features (exchange for goods or services; exchange for classic currency; payment for goods and services; minimum level of possibility of abduction; payments, fast and direct transactions; investment asset; business development in cryptocurrency). Different approaches to determining the legal nature of cryptocurrency are analyzed (cryptocurrency as a method of payment; cryptocurrency as a foreign currency; cryptocurrency as a financial asset; cryptocurrency as a financial pyramid). The conclusions of the EU court, the courts of the national system on the use of cryptocurrency as a means of payment are analyzed. The legal nature of cryptocurrency is determined through the prism of world practices of its use. The possibility of using cryptocurrencies in terms of their ability to perform the basic functions of money is analyzed. The paper examines two attempts of legislators to regulate the issues of taxation, legal nature and legal regulation of cryptocurrency in 2019 and 2020. Attention is also paid to the relevant institutions where you can pay with cryptocurrencies, namely: “Spendabit”, “CoinATMRadar”, exchange office in online networks – WebMoney. According to the National Bank of Ukraine, the danger of cryptocurrency transactions is indicated. Examples of the main risks associated with the purchase, sale, exchange and conversion of cryptocurrencies are given (possibility of loss of funds due to theft, possibility of fraud, lack of infrastructure, significant price fluctuations of cryptocurrencies, lack of guarantees for return of invested funds in cryptocurrencies). In conclusion, attention is drawn to the need for legislative regulation of the essence of cryptocurrency for further effective evolution.

Theoretical approaches to artificial intelligence regulation in the EU: experience for Ukraine

2020 ◽  
pp. 80-85
Author(s):  
Kateryna Yefremova
Keyword(s):  
Artificial Intelligence ◽  
New Technology ◽  
Legal Regulation ◽  
Main Body ◽  
The European Union ◽  
Legal Norms ◽  
Strategic Issues ◽  
Goods And Services ◽  
Theoretical Approaches ◽  
The Eu

Problem setting. Legal regulation of the introduction and use of goods and services based on artificial intelligence technologies is covered by numerous areas of law, including rules on confidentiality, data security, responsibility for product quality, intellectual property and even antitrust law. These different areas of law are expected to gradually change in response to the special nature of artificial intelligence (AI). Because AI is a new technology, the legal regulation of which goes beyond the established institutions of law and approaches to the interpretation of legal norms. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: Matthew U. Schere, Allan Yeoman, Amy Ryburn, Philip Wood, Renee Stiles, Alex Chapman, Damien Steel- Baker and Keri Johansson, O. A. Baranov, O. M. Vinnyk, I. V. Yakovyuk, N.B. Patsuriia. Target of research. The aim of the article is to study European scientific approaches to identifying key strategic issues in the development of mechanisms for legal regulation of effective implementation and use of artificial intelligence. Article’s main body. The paper investigates scientific approaches to the limits of legal regulation of the introduction and use of artificial intelligence technologies. The history and practical steps on the way to the EU legal regulation on the introduction of artificial intelligence and related relations related to the use of these technologies are highlighted. The basic principles of development and use of artificial intelligence technologies are revealed, observance of which is obligatory. Conclusions and prospects for the development. The best approach to regulation should be based on risk assessment to ensure that responses to AI development are proportionate and not hamper the development of innovation as a whole. Instead of developing individual regulations at this stage, the European Commission has set out the legal requirements that any regulatory framework must meet to ensure that AI remains credible and respects the values and principles of the European Union.

scholarly journals Short-Term Forecast of Ukrainian Economy Including Shadow Sector Using Causal Simulation Model

Ekonomika ◽  
2020 ◽  
Vol 99 (1) ◽  
pp. 131-145
Author(s):  
Yuriy Vasylenko
Keyword(s):  
Economic Development ◽  
Simulation Model ◽  
Foreign Trade ◽  
Foreign Currency ◽  
Supply And Demand ◽  
Economic Activities ◽  
Short Term ◽  
Goods And Services ◽  
National Bank ◽  
Negative Balance

A new causal simulation model of economic development was created, which comprehensively in detail and fully reflects various types of legal and shadow economic activities and their interrelations.The model is used to forecast the whole (legal and shadow) country’s economy up to 2022.The dynamics of shadow and legal indicators are different.The biggest and most important difference is about exports and imports. Official statistics give a negative balance of the Ukrainian foreign trade of Ukraine in 2019-22. However, total export, determined by the model, considerably exceeds imports, so actually we expect a surplus.This is very important for the National Bank: its policy based on the official (legal) negative balance of Ukraine foreign trade should be one (throw foreign currency reserves into the market or to devalue the hryvnia), but with the actual balance that includes shadow flows and is positive, - contrary one (to buy currency on the market or to revalue the national currency).Our model calculates how the production volumes of all types of goods and services should change to ensure that supply and demand are balanced. These numbers can serve a reference for manufacturers.We suggested that the relevant Ukrainian authorities take an active position in the implementation of the developed forecast for the economic development of Ukraine: measuring actual rates of changes in the production of these types of goods during the year, they provide recommendations to producers to increase or decrease their production.

scholarly journals AVAILABILITY AND QUALITY OF MEDICAL PRODUCTS AND SERVICES IN UKRAINE: SOCIO-ECONOMIC ASPECT

2018 ◽  
pp. 118-125
Author(s):  
Dmytro Shushpanov
Keyword(s):  
Health Care ◽  
Health Care Workers ◽  
Rural Population ◽  
Legal Regulation ◽  
Medical Products ◽  
Goods And Services ◽  
Care Workers ◽  
Urban Settlements ◽  
The Eu

Based on the peculiarities of legal regulation of the availability and quality of medical goods and services are highlighted and his author’s interpretation is given. The scale of economic, physical and informational accessibility of medical goods and services in Ukraine is determined. In particular, based on official statistics and the results of an author’s sociological survey, sexual-age and territorial (by type of settlement) inequalities in the frequency of referrals for health care workers in case of illness and the main causes of inertia were revealed. It is revealed that the main cause of uncertainty is the difficult material situation, lack of funds for treatment. It is proved that one of the reasons for the poorer health of the rural population is the lower availability of medical goods and services than in urban settlements. Comparison of indicators of staffing and financial provision of the healthcare system in Ukraine and the EU countries is carried out, ways of improving the availability and quality of medical goods and services in Ukraine are outlined.

Financial Regulation & Digital Money: How Russia Dips Its Toes into the Waters of Cryptocurrency

Global Jurist ◽  
2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Imeda Tsindeliani
Keyword(s):  
Financial Regulation ◽  
Foreign Currency ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Electronic Money ◽  
National Currencies ◽  
Legal Nature ◽  
Private Money ◽  
Digital Money

Abstract Digital technologies are opening new opportunities for business. The article is devoted to the analysis of the legal nature of the cryptocurrency as an object of financial and legal regulation from the point of view of Russian legislation. The analysis of the qualification of the cryptocurrency is described as money, electronic money, foreign currency, other property, as well as the possibility of assigning crypto-loans to obligations rights. The conclusion is made about the possibility of treating the cryptocurrency as private money on a par with national currencies.

Contradictions and problems of harmonization of value added tax rates in the EU

2021 ◽  
Vol 2021 (3) ◽  
pp. 23-45
Author(s):  
Alla SOKOLOVSKA ◽  
Keyword(s):  
Modern Science ◽  
Value Added ◽  
Tax Rates ◽  
Minimum Level ◽  
Member States ◽  
Eu Member States ◽  
Goods And Services ◽  
Harmonization Process ◽  
Reduced Rate ◽  
The Eu

Despite the fact that today VAT is considered the most harmonized tax, the process of approximation of its various elements occurs at different pace and with different efficiency. Some of the most problematic in this context are such elements of the tax as rates and benefits. The purpose of this article is to analyze the contradictory process of harmonization of standard and preferential tax rates, the current level and prospects of their approximation. In the article the evolution of the harmonization process of standard and reduced VAT rates in the EU and the current state of their approximation is analyzed. It has been established that currently the structure of preferential tax rates is the least harmonized. Countries vary both by their number and size, with five EU countries continuing to use a third preferential rate below its minimum level determined by the directive, while a country like Luxembourg imposes a 3% rate on 14 categories of goods and services. The scope of application of preferential rates also differs significantly in different countries. If in Bulgaria only the supply of hotel accommodation services is taxed at a reduced rate, in many member states – 16-18 categories of goods and services. The analysis has shown that the most harmonized are the standard VAT rates of the EU member states, and the degree of their harmonization is characterized by a tendency to increase, as evidenced by the decrease in their coefficient of variation during 1994-2020. It was determined that their convergence took place under the influence of two processes – the introduction of the minimum level of the standard rate by the integration law norms and the natural convergence of these rates, which resulted in finding solutions to common problems for most Member States related to overcoming global economic crises and ensuring sustainable economic growth, one of the tax instruments which modern science considers is the transfer of the tax burden from income to consumption, which encourages an increase in standard VAT rates in countries with their initially low levels. It is concluded that in the future, providing more freedom for Member States to set VAT rates will be linked to the introduction of a definitive VAT system, which provides tax collection according to the principle of the country of destination and imposes less requirements on the harmonization of its rates.

LEGAL REGULATION OF PHYTOSANITARY PASSPORTATION IN THE EU

2017 ◽  
Author(s):  
Nataliia Karpinska ◽  
Keyword(s):  
Scientific Literature ◽  
Plant Protection ◽  
Legal Regulation ◽  
Public Authorities ◽  
Tier System ◽  
Legal Nature ◽  
Methodological Principles ◽  
Scientific Doctrine ◽  
The Eu

The article is devoted to the characteristics of the legal features of phytosanitary certification in the EU. A comprehensive analysis of the scientific literature allows us to conclude that currently the scientific doctrine lacks scientific research aimed at determining the legal nature of relations in the field of plant protection in a constantly updated legislation and integration processes. Scientists, especially without delving into the theoretical justification, perceive a certain approach to the legal nature of plant protection relations as something absolutely clear and such that does not require proof. At the same time, it is noted that despite the poorly developed theoretical and methodological principles of legal regulation of plant protection, Ukraine has formed a fairly extensive phytosanitary legislation, based on the Law of Ukraine «On Plant Protection». Particular attention is paid to the characteristics of the main features of the legal features of phytosanitary certification in the EU, in particular: long history and long-term testing; evolution and adjustment; transfer of a significant part of the responsibility for controlling the phytosanitary condition of crop products to private entities. It was found that phytosanitary certification does not always guarantee the actual absence of pests and established the fact that phytosanitary certification performs not only quarantine tasks - it is entrusted with the important task of traceability. This conclusion is confirmed by the analysis of the information specified in the phytosanitary passport. Its main substantive task is to identify the person who carried out operations with plants or plant products. The conclusion is substantiated that the legal features of phytosanitary certification in the EU are the formation of a two-tier system of phytosanitary control: direct operators of the plant market, issuing phytosanitary passports, take responsibility, confirming the satisfactory phytosanitary condition of products that was checked by them (or produced by them, or packaged, or sold, etc.), and public authorities monitor whether such entities are able to properly perform their respective duties.

scholarly journals CURRENT ISSUES OF LEGAL REGULATION OF SURROGATE MATERNITY AND ENFORCEMENT OF RIGHTS OF SURROGATE MOTHERS

2020 ◽  
Vol 73 (12) ◽  
pp. 2871-2876
Author(s):  
Oksana P. Kuchynska ◽  
Oksana Yu. Kashyntseva ◽  
Oleh V. Shchyhol
Keyword(s):  
Legal Regulation ◽  
Surrogate Mothers ◽  
Scientific Methods ◽  
Existing Problems ◽  
European Court ◽  
System Method ◽  
Legal Nature ◽  
Induction System ◽  
General Scientific ◽  
The Eu

The aim: To propose effective jurisdictional methods in the field of legal regulation of surrogacy and ensuring the rights of surrogate mothers in the EU. Materials and methods: The research is based on international documents in the field of surrogacy, Ukrainian legislation, decisions of the European Court of Human Rights, scientists' works in the field of legal regulation of surrogacy, etc. General scientific methods (synthesis, induction, system method) and specific scientific methods (comparative legal and special legal methods) are used. Conclusions: The study found that today some issues related to the surrogacy legal nature, conditions and procedure for its implementation remain out of the EU's attention. It is established that the adoption of a separate regional (within the EU) legal act will fully solve the existing problems, ensuring the effectiveness and transparency of surrogacy, will unify the medical tourism's mechanisms in the field of surrogacy. The authors have developed and proposed to enshrine the main provisions on surrogacy in the EU Regulation / Directive.

scholarly journals Venture Capital Funds as Joint Investment Institutes under the Legislation of Ukraine and Regulations of the European Union: General Characteristics.

1970 ◽  
pp. 220-227
Author(s):  
Yosyf Ivanyuk
Keyword(s):  
European Union ◽  
Venture Capital ◽  
Legal Regulation ◽  
Innovation Activity ◽  
The European Union ◽  
Scientific Publications ◽  
Investment Funds ◽  
Goods And Services ◽  
The Status ◽  
The Eu

Joint investment institutes, in particular, venture capital funds, constitute a significant part of the economies of developing countries, as they stimulate the investment of individuals and legal entities and play an essential role in the development of young companies that are building their business on the basis of innovations and innovative technologies (start-ups). In addition, the use of venture capital funds for legitimate tax optimization or as financial intermediaries within the group of companies is a very common phenomenon on the market of goods and services, in particular, in Ukraine. The activities of the venture capital funds in Ukraine as a whole are constructed in accordance with the European model, but there are still some differences and imperfect legal regulation, which is a problem in understanding the approximation of Ukrainian legislation to unified EU regulations. The subject of the article (study) is the analysis and comparison of the venture capital funds as joint investment institutes in Ukraine and EU law on the basis of the national legislation of Ukraine and the relevant EU directives. Similar studies in Ukraine are practically absent, with the exception of the thesis by Polianska I.Y. "Investors 'Rights in Joint Investments: Comparison with European Legal Models", devoted to the study of the nature of investors' rights in the implementation of joint investments and the determination of the laws of legal regulation of the status of joint investment institutes under the legislation of Ukraine and legislation of foreign countries, in particular Western European States, scientific publications Hlibko S. V. and Sydorenko YU. V. "Issues of legal regulation of investment funds in the EU", Svikhrov S.O. and Schastlyvtseva R.V. "On the necessity to bring commitments on the activity of institutional investors in Ukraine to the legislation of the European Union", Inna Lobas "Foreign experience of state support of venture investment of innovation activity". The purpose of the publication is to study the general legal regulation of activities of venture capital funds and joint investment institutes in the EU countries, to compare it with such regulation in Ukraine and to bring proposals to improve the specified legal regulation in Ukraine.

The WTO Bananas Decision: Cutting Through the Thicket

1998 ◽  
Vol 11 (2) ◽  
pp. 201-227 ◽  
Author(s):  
Bruce R. Hirsh
Keyword(s):  
Dispute Settlement ◽  
Trade In Services ◽  
Allocation System ◽  
Goods And Services ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Quota Allocation ◽  
The Eu

The Bananas decision demonstrated that WTO dispute settlement panels and the Appellate Body are capable of effectively and clearly analyzing whether extremely complex measures are consistent with WTO rules. The trade-liberalizing decision established the General Agreement on Trade in Services (GATS) as a meaningful constraint on discriminatory measures with an impact on both goods and services and clarified the nature of the GATS Most-Favoured Nation (MFN) obligation. The decision also severely constrained the ability of the EU to justify non-tariff discriminatory measures such as the quota allocation system at issue in Bananas based on the Lomé waiver.

scholarly journals Excise Tax on Alcohol According to Legal Law of Slovak Republic In Terms Of Eu Secondary Law Transposition / Spotrebná Daň Z Liehu V Právnom Poriadku Slovenskej Republiky Z Hľadiska Transpozície Sekundárneho Práva Eú

2015 ◽  
Vol 4 (2) ◽  
pp. 1-6
Author(s):  
Ondrej Beňuš
Keyword(s):  
Food Industry ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Alcoholic Beverages ◽  
Excise Tax ◽  
Excise Taxes ◽  
Stable Component ◽  
Crucial Component ◽  
Selection Of ◽  
The Eu

Abstract Distilling industry is among the traditional sectors of the food industry. It is a significant producers of agricultural primary production and the most stable component of demand in the labour market. Among all the sectors of the food industry, however, it is subject to the greatest extent of the regulation of the business by state, when a crucial component of regulation is the legal regulation of the selection of the excise tax on alcohol. Given the considerable degree of regulation of excise taxes on alcoholic beverages by one of the secondary law of the EU, it is considered appropriate to assess the level of transposition of basic elements of excise tax on alcohol, as defined by literature, into the legal order of the Slovak Republic.

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