scholarly journals Some aspects of the legal nature of virtual assets/cryptocurrencies in the conditions of global digitalization

2020 ◽  
pp. 7-16
Author(s):  
Victoria Milash
Keyword(s):  
Legal Regulation ◽  
State Regulation ◽  
Main Body ◽  
Unified Approach ◽  
Economic Relations ◽  
Active Involvement ◽  
Digital Format ◽  
Legal Nature ◽  
Digital Objects ◽  
Further Development

Problem setting. Comprehensive digitalization of all spheres of life, as one of the most important factors of economic growth in any country, is the mainstream of the modern global world. Digital transformations in the economy are changing approaches to both the organization and conduct of economic activity and the format of its state regulation. The development of the digital economy is inextricably linked with the “digitalization” of a number of traditional objects and / or forms of interaction between participants in economic relations, as well as the emergence and active circulation of new objects whose existence is possible only in digital format (“ digital objects “). Virtual assets / cryptocurrency are one of such objects to which there has been a bivalent attitude since its appearance, and to the legal nature of which a unified approach has not been formed to date. Analysis of recent researches and publications. Among the researchers who in their works addressed the issue of the legal nature of virtual assets / cryptocurrency and transactions with it, it should be noted M.V. Grebenyuk, B.V. Derevyanko, I.M. Doronin, A.T. Kovalchuk, L.O. Nikitin, S.S. Pylypyshyn, V.A. Ustymenko and others. At the same time, a full-scale study of this issue, in particular from the standpoint of economic law, requires further legal, including economic and legal research. Target of research is to study the heterogeneous nature of virtual assets / cryptocurrencies in the context of digital transformations in the economy and modernization of domestic legislation. Article’s main body. In the context of global digitalization, the scale and pace of digital transformations associated with the emergence of new digital objects, their active involvement in civil, economic turnover and subsequent market turnover are growing. Virtual assets/cryptocurrency are one of the objects in relation to which there has been a bivalent attitude since its appearance, and in relation to the legal nature of which a unified approach has not been formed to date. This article discusses the first official explanations in Ukraine on the nature of virtual assets / cryptocurrencies, as well as the position of the Office of Effective Regulation (BRDO) and theoretical and legal approaches to this object. Qualification features are analyzed, which contains the legislative definition of “virtual asset”, which together represent its functional heterogeneity. Some issues related to the contractual basis for the circulation of virtual assets / cryptocurrencies are highlighted, and suggestions for further development of the current legislation on these facilities are provided. Conclusions and prospects for the development. Legislative legalization of the concept of “virtual assets” is an important step towards the legalization of the virtual assets market and the first stage of the institution of virtual assets, further development of which requires intensification of work on the development of relevant legislation on virtual assets. connection with the generation (issue) and circulation of virtual assets. At the same time, achieving a synergistic effect in the legal regulation of relations, the object of which are virtual assets/cryptocurrency, necessitates appropriate amendments to the Commercial and Civil Codes of Ukraine, the Law of Ukraine “On e-commerce”, tax, investment legislation and more.

scholarly journals Legal regulation of the digitalization process of Ukrainian archive space

2021 ◽  
pp. 79-88
Author(s):  
D. Vasylenko ◽  
L. Butko
Keyword(s):  
Legal Regulation ◽  
General Concept ◽  
State Regulation ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Systematic Development ◽  
The Creation ◽  
Theoretical Foundations ◽  
State Regional

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.

Cryptocurrency as an object of tax law: practice of political application and legal regulation

2020 ◽  
pp. 24-30
Author(s):  
Dmytro Kobylnik ◽  
Anton Burchak
Keyword(s):  
Legal Status ◽  
Value Added ◽  
Legal Regulation ◽  
Control Measures ◽  
Tax Law ◽  
Scientific Article ◽  
Main Body ◽  
Foreign Experience ◽  
Tax Legislation ◽  
Legal Nature

Problem setting. The work is devoted to the study of the legal status of cryptocurrency as an object of taxation. The legal status of cryptocurrency in legal relations between tax authorities and individuals or legal entities is an urgent problem, since there is only a small number of works on this issue. Of particular note is the study of international experience in taxation of cryptocurrency transactions, as well as an analysis of the most relevant proposals for amending national legislation in order to establish the legal status of cryptocurrency and transactions related to cryptocurrency as an object of tax legal relations. Analysis of recent researches and publications. Despite the great relevance of this topic, in the modern science of tax law there are no fundamental scientific works and studies on the problems of taxation of cryptocurrency and cryptocurrency transactions. Target of research. The purpose of the scientific article is to conduct research on the legal nature of cryptocurrency, as well as the disclosure of theoretical, practical problems and features of legal regulation of cryptocurrency and operations related to the use of cryptocurrency in modern tax law. Article’s main body. The article deals with the legal nature of transactions connected with the use of the cryptocurrency as an object of tax relations. The issues of the possibility of attributing income, as well as profits from cryptocurrency transactions to the objects of taxation of personal income tax, profit tax, and value-added tax, are disclosed in accordance with the current tax legislation. The following conclusions have been drawn: it is impossible to impose the relevant taxes on income and profits from transactions with the cryptocurrency; there is a conflict in the current legislation, according to which the proceeds from transactions with cryptocurrency may be subject to the Law ‘On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime or Terrorism Financing, as Well as Financing Proliferation of Weapons of Mass Destruction’ In addition, foreign experience of legal regulation of transactions with cryptocurrency in tax legislation in such economically developed countries as the USA, Great Britain, Canada, Germany, Switzerland, etc. has been analyzed. It has been established that nowadays, in world practice, there is no unambiguous approach to the tax regulation and taxation of cryptocurrency transactions. So, in some countries, the income from operations with cryptocurrency is taxable, while in others cryptocurrency transactions do not belong to objects of taxation. Conclusions and prospects for the development. As a result, the author presents her own proposals on amending the tax legislation aimed at determining the legal status of cryptocurrency transactions in tax law. The article is devoted to the legal nature of transactions related to the use of cryptocurrency as an object of tax relations. Foreign experience of taxation of operations with the cryptocurrency is analyzed. The author considers current proposals for amending the tax legislation of Ukraine, who’s the purpose of which is to determine the legal status and control measures for compliance with tax legislation in the implementation of cryptocurrency transactions in tax law.

scholarly journals Virtual Image as an Object of Legal Protection

2020 ◽  
Vol 15 (6) ◽  
pp. 143-148
Author(s):  
E. S. Grin
Keyword(s):  
Computer Games ◽  
Legal Protection ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Creative Work ◽  
Virtual Image ◽  
Legal Nature ◽  
Digital Objects ◽  
Virtual And Augmented Reality ◽  
The Right

The paper discusses the issues that arise when creating a virtual image in multimedia products, including computer games, using the image of a citizen. As a rule, such images are used without the consent of a citizen, and therefore disputes have begun to arise regarding the legitimacy of using real images of artists in computer games, social networks. The author analyzes the legal nature of the right to an image of a citizen and the possibility of using such an image in virtual and augmented reality. In connection with the development of digital technologies, the images of citizens are now actively being used in creation of various works, such as holograms. The dance moves are being used to create digital results of creative work. The author notes that when getting results of creative work in virtual reality, it is necessary to observe the rights of citizens, whose images are used to create digital objects. When considering these issues, an analysis of foreign experience is provided, as well as mechanisms for legal regulation of relations arising in the cases under consideration.

scholarly journals Economic and legal methodology of regulation of economic relations: no alternative phenomenon

2021 ◽  
Vol 2 (20) ◽  
pp. 7
Author(s):  
D. V. Zadykhaylo
Keyword(s):  
Economic Policy ◽  
Economic Activity ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Economic Order ◽  
Legal Form ◽  
Economic Relations ◽  
Commercial Code ◽  
Wide Range

The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commercial Code of Ukraine cannot be equated with the abolition of only certain forms of property rights and certain organizational and legal forms of economic organizations. Such an action will lead to the undermining of the entire legal economic order by the universal basic algorithm of which the Commercial Code of Ukraine serves. After all, only it formed the types of economic relations, types of economic activity - commercial and non-commercial management, economic policy and legal principles of its implementation, state regulation of economic activity and a certain classification of its main legal means of influence, the system of economic entities, which provides ample opportunities choose a specific organizational and legal form from a wide range of options, features of the legal status of state and municipal enterprises - the basis of special legal regimes of the state and municipal sectors of the national economy and many other socially significant aspects. Accordingly, the article raises the question of the economic effect of the introduction of the proposed bill, which should be taken into account and proposed for discussion, as its destructive potential is obvious. The article also draws attention to the need for criminological examination of this civil bill, one of the large-scale results of which should be the transfer of ownership from the state and local communities to the ownership of legal entities - companies to the relevant public property

scholarly journals The legal regulatory model of virtual currency circulation: A socio-legal study

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Nikolay Mikhailovich Artemov ◽  
Lana Lvovna Arzumanova ◽  
Alexander Alexandrovich Sitnik ◽  
Yulia Leontyevna Smirnikova ◽  
Sergey Zenin
Keyword(s):  
Government Regulation ◽  
Social Research ◽  
Legal Regulation ◽  
State Regulation ◽  
Legal Analysis ◽  
Virtual Currency ◽  
Legal Study ◽  
Research Survey ◽  
Legal Nature ◽  
The Usa

The article examines a model of legal circulation of virtual currency. The issue of the legal nature of virtual currencies remains controversial. This generates a problem of choosing the most suitable and effective approach to regulation of virtual currencies circulation. The article analyzes approaches to determining the legal nature of cryptocurrencies and the experience of state regulation in Switzerland, Japan, the USA and China. Methods of legal analysis, synthesis, specific scientific methods, and social research survey have been employed in this article. As a result of the conducted socio-legal study, it has been found that there is no unified strategy of legal regulation of virtual currencies, which affects their perception by recipients. This conclusion is based on the comparative analysis of legal regulation of crypto­currencies circulation in such countries as Japan, the USA, and Switzerland. By contrast with these countries, China has significantly restricted usage of cryptocurrencies, actually having chosen the way of banning virtual currencies. The inconsistency of legal regulation can be observed not only between different countries, but also within one state, which is proved by the situation in the USA and Switzerland. At the present time, the system of government regulation of cryptocurrencies circulation is the most effective in Japan.

Institutional and legal reforms aimed at increasing the export competitiveness of Russian goods and overcoming restraining restrictions

2019 ◽  
Author(s):  
Гульнара Ручкина ◽  
Gul'nara Ruchkina ◽  
Максим Демченко ◽  
Maksim Demchenko ◽  
Светлана Дахненко ◽  
...  
Keyword(s):  
Russian Federation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Scientific School ◽  
Economic Relations ◽  
Legal Reforms ◽  
Legal Nature ◽  
Export Competitiveness ◽  
The Russian Federation ◽  
The Government

The monograph is based on the results of research of the scientific school of the Financial University under the Government of the Russian Federation "State regulation of entrepreneurial activity", carried out at the expense of budgetary funds under the state task of the Financial University under the Government of the Russian Federation for 2018. The article is devoted to the development of practical recommendations of institutional and legal nature aimed at improving the export competitiveness of Russian goods and overcoming restraining restrictions. Contains scientific and practical proposals aimed at improving the export competitiveness of goods of the Russian Federation; factor matrix, including a description of the legal, institutional and administrative barriers to the export of Russian industrial products; proposals to improve the system of export support in the Russian Federation, geographical and sectoral diversification of international trade and economic relations and proposals for the participation of the Russian Federation in the concept of "goods of the EAEU", taking into account the implementation of the project "Made in Russia". It is intended for teachers, students and anyone interested in improving the export competitiveness of Russian goods and overcoming constraints.

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals PROBLEMATIC ISSUES THAT ARISE IN THE SPHERE OF APPLICATION ADMINISTRATIVE AND ECONOMIC SANCTIONS AND WAYS OF THEIR SOLUTION

2019 ◽  
pp. 59-65
Author(s):  
M. V. Kolesnikova ◽  
A.D. Skoryk
Keyword(s):  
Comparative Analysis ◽  
Present Article ◽  
Economic Sanctions ◽  
Case Law ◽  
Legal Responsibility ◽  
Unified Approach ◽  
Historical Aspect ◽  
Economic Relations ◽  
Commercial Code ◽  
Legal Nature

The present article deals with the study of the legal nature of administrative and economic sanctions, the concept of administrative and economic sanctions has been found out, their species have been identified, the historical aspect of the emergence of the concept of administrative and economic sanctions has been characterized, different approaches to understanding the legal nature of administrative and economic sanctions have been analyzed, comparative analysis of administrative and economic sanctions has been done. The authors’ attention has been drawn to the terms of the application of administrative and economic sanctions, case law on the terms of the application of administrative and economic sanctions has been analyzed. It has been suggested to leave the application period sanctions of organizational nature established in the Part 1 Art. 250 of Commercial Code of Ukraine and for sanctions of property nature to provide for twice the duration of their application in the article. Problematic issues that arise in the sphere of application of administrative and economic sanctions have been generalized at this work. Among problematic issues, it has been highlighted uncertainty about the place of administrative and economic sanctions in the system of legal responsibility, lack of a unified approach to finding out the branch of sanctions, ambiguous interpretation of the terms of the application of administrative and economic sanctions, lack of clear regulatory regulation of the terms of application administrative and economic sanctions. It has been suggested to attribute administrative and economic sanctions to economic sanctions, to supplement the provisions of the Economic Code of Ukraine with the rule on administrative and economic sanctions, without delimiting economic sanctions as a whole. It has been emphasized by the authors of the article for non-proliferation of norms on the terms of the application of sanctions on penalties, the amount and procedure of recovery of which are determined by the Tax Code of Ukraine, Laws of Ukraine «On Currency and Currency Transactions», «On Banks and Banking» and other laws, the control of compliance with which is vested in the bodies of income and fees. Keywords: economic relations, economic and legal responsibility, economic sanctions, administrative and economic sanctions, Economic Code of Ukraine.

scholarly journals Efficiency of State Regulation of Subsoil Use Issues (On the Example of the Department of Mineral Use and Natural Resources)

2020 ◽  
pp. 45-49
Author(s):  
Zaurbek Bagaundinovich Tsoloev
Keyword(s):  
Natural Resources ◽  
Legal Regulation ◽  
State Regulation ◽  
Raw Material ◽  
Effective Mechanism ◽  
Russian Economy ◽  
State Administration ◽  
Material Orientation ◽  
Further Development ◽  
Khanty Mansi Autonomous

In this article, the main issues of legal regulation of state administration of subsoil use in the Khanty-Mansi Autonomous Okrug – Yugra are considered. The relevance of the article is determined by the fact that the Okrug’s further development depends on the effective state (legal) regulation of subsoil use. The importance of the issue of state regulation of the activities of subsoil use entities is due to the fact that the Russian economy has a pronounced raw material orientation. In this connection, the article analyzes the activities of the Department of Subsoil Use and Natural Resources of the Khanty-Mansi Autonomous Okrug – Yugra, which ensures the existence of an effective mechanism for subsoil use management in the region.

scholarly journals Public administration and state regulation of economic activity in Ukraine: problems of legal regulation

2020 ◽  
pp. 86-96
Author(s):  
Roman Boychuk
Keyword(s):  
Public Administration ◽  
Economic Activity ◽  
Legal Regulation ◽  
Civil Code ◽  
State Regulation ◽  
Political Activity ◽  
The Political ◽  
Public Authorities ◽  
Economic Relations ◽  
The Subject

Problem setting. The article deals with the problematic issues of legal regulation of economic activity in Ukraine. At the same time, attention is focused on the need to distinguish between such categories as “public administration” and “state regulation”. Analysis of recent researches and publications. In the doctrine of economic law the problems of determining the subject of economic and legal regulation, the legal status of participants in economic relations, the essence of organizational and economic relations have attracted attention, including at the level of individual monographs, such scientists as V. K. Mamutov, I. Yu. Krasko, I. A. Tanchuk, D. V. Zadykhailo, V. A. Ustimenko; V. B. Laptev, S. I. Bevz, O. M. Vinnyk, O. Yu. Illarionov, V. Nagrebelny, V.S Shcherbina, O. P. Vikhrov and others. However, even today the question of the sphere of relations that are the subject of economic and legal regulation, the relationship between the concepts of “economic management (economic activity)”, “organizational and economic relations” and “state regulation of economic activity”, and the understanding of individual researchers of organizational and economic relations that arise in the process of implementation of public administration and regulation of economic activity, as one of the types of economic relations, are insufficiently substantiated. Formulation of goals (purpose) of the article. The author of this article aims to determine: the scope of economic and legal regulation of public relations; relations that are covered by the concept of “organizational and economic relations” and are subject to regulation of commercial law; to differentiate “organizational and economic relations” arising from the management and regulation of economic activity. Article’s main body. It is noted that the subject of regulation of the Civil Code of Ukraine includes two groups of economic relations: (a) economic relations that arise in the process of organizing economic activity; (b) economic relations arising in the course of economic activity. Legal definition of organizational and economic relations (Part 6 of Article 3 of the Civil Code of Ukraine) is based on the categories of “organization” and “management” of economic activity. However, none of these concepts is defined by a codified act. It is established that public administration should be understood, first of all, as the activity of public authorities on the practical implementation of the political course. These activities should be based on appropriate procedures that should ensure its legitimacy and protect the legitimate rights of citizens from illegal actions by public authorities and their officials. In essence, public administration is derived, on the one hand, from political activity, on the other – from the political course and traditionally these activities. Conclusions. It is emphasized that the management of economic (commercial) activities includes forecasting, planning, financing, budgeting, taxation, lending, administration, accounting and control. The purpose of state regulation is to streamline the activities of business entities, provide economic processes with an organized nature, ensure compliance with laws, balance private and public interests, ensure public and state interests.

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