INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION

V. Bondarenko, N. Pustova
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Abstract

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.
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保险是金融和法律监管的对象
考虑了保险作为金融和法律监管对象的功能。运用制度分析的方法,对我国现行保险领域有关保险概念界定的立法进行了分析。值得注意的是,今天作为法律分支的金融法体系中出现了金融与保险业务法律规制等新的分支。它结合了法律规范(主要通过权威规定的方式)规范保险资金的形成、分配和使用的公共关系,实施控制和监督措施。它还包括规范保险业务实体和其他保险领域公共关系参与者的财务和法律责任的法律规范,以保护保险事故中被保险人的权利和合法利益。保险职能在金融立法中占有特殊的地位。考察了保险的分配、预防、恢复、储蓄、风险、控制、投资功能。确定了影响保险投资功能的因素;说明了乌克兰国家银行在履行这一职能方面的作用。文章指出,形成专门的保险货币基金,维护国家金融体系的安全稳定,是保险的具体功能之一。保险是国家财政体系的重要组成部分,为社会发展的正常运行提供保障;它是国家的一个整体功能,是发展和稳定的必要条件。乌克兰走向欧洲一体化的道路决定了该国经济和法律变革的因素,包括保险活动的进一步发展。
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