Today, global financial markets play a key role in improving the efficiency of the global economic system, as they facilitate the rapid redistribution of financial resources at the global level and help direct investments to certain regions and types of economic activity. The purpose of the paper is to study the development of innovative financial instruments and determine their impact on global financial markets. According to this goal, the study has the following tasks: to reveal the essence and components of the global financial market, to determine their role in global financial markets, to develop a classification of innovative financial instruments traded in the financial market, and to propose a periodization of the development of innovative financial instruments. The study was conducted using general scientific methods of cognition. A critical analysis of scientific papers and other sources related to the development of innovative financial instruments and their impact on global financial markets was conducted. Inductive and deductive methods were used to systematize innovative financial instruments in the economic environment over a certain period. Data from various sources were summarized, classified and analyzed to identify patterns of development of innovative financial instruments. The study addresses the relevance of the topic through a number of specific issues, namely: the relationship between financial instruments and the competitiveness of enterprises in financial markets, the development of modern financial technologies, and global financial integration. The object of the study is the global financial market, which operates under conditions of uncertainty and variability. The subject of the study is innovative financial instruments traded in global financial markets. It has been determined that the current economic literature is full of theoretical and empirical data proving that the introduction of innovations in the financial sector has a positive impact on the dynamics of financial markets. It has also been determined that there is some confusion as to which instruments should be classified as "innovative" financial instruments. The study developed a classification of types of innovative financial instruments and offered its own view on the stages of development and formation of innovative financial instruments.
{"title":"Development of innovative financial instruments and their impact on global financial markets","authors":"Tetiana Sunduk, Olena Ivashko, Alla Chornovol","doi":"10.37634/efp.2023.10.17","DOIUrl":"https://doi.org/10.37634/efp.2023.10.17","url":null,"abstract":"Today, global financial markets play a key role in improving the efficiency of the global economic system, as they facilitate the rapid redistribution of financial resources at the global level and help direct investments to certain regions and types of economic activity. The purpose of the paper is to study the development of innovative financial instruments and determine their impact on global financial markets. According to this goal, the study has the following tasks: to reveal the essence and components of the global financial market, to determine their role in global financial markets, to develop a classification of innovative financial instruments traded in the financial market, and to propose a periodization of the development of innovative financial instruments. The study was conducted using general scientific methods of cognition. A critical analysis of scientific papers and other sources related to the development of innovative financial instruments and their impact on global financial markets was conducted. Inductive and deductive methods were used to systematize innovative financial instruments in the economic environment over a certain period. Data from various sources were summarized, classified and analyzed to identify patterns of development of innovative financial instruments. The study addresses the relevance of the topic through a number of specific issues, namely: the relationship between financial instruments and the competitiveness of enterprises in financial markets, the development of modern financial technologies, and global financial integration. The object of the study is the global financial market, which operates under conditions of uncertainty and variability. The subject of the study is innovative financial instruments traded in global financial markets. It has been determined that the current economic literature is full of theoretical and empirical data proving that the introduction of innovations in the financial sector has a positive impact on the dynamics of financial markets. It has also been determined that there is some confusion as to which instruments should be classified as \"innovative\" financial instruments. The study developed a classification of types of innovative financial instruments and offered its own view on the stages of development and formation of innovative financial instruments.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139309330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the paper, a study of the administrative and legal regulation of public service in the bodies of the executive power was carried out. On the basis of the conducted scientific research, the author came to the conclusion that the administrative and legal regulation of public service in the Cabinet of Ministers of Ukraine provides for the presence in its structure of political employees who are not subject to the provisions of the legislation on civil service, as well as the principles of professionalism, political neutrality and stability public service, as well as civil servants and employees of the patronage service. The latter ensure the activities of the members of the Cabinet of Ministers of Ukraine (except for those who head the ministry) and are formally subordinated to the Secretariat of the Cabinet of Ministers of Ukraine, but in fact are subordinated only to the person whose activity they ensure. The administrative and legal regulation of public service in ministries and local executive bodies provides for the presence in their structure of both political and state and patronage employees, who are managed by the state secretary of the ministry (or the head of the staff of the local state administration), in other central bodies of executive power and territorial subdivisions of ministries, other central bodies of the executive power, there are no political employees, and the management of the state service and strategic management of the relevant body is carried out by its head.
{"title":"Administrative and legal regulation of public service in bodies of the executive power","authors":"K. Vladovska","doi":"10.37634/efp.2023.10.18","DOIUrl":"https://doi.org/10.37634/efp.2023.10.18","url":null,"abstract":"In the paper, a study of the administrative and legal regulation of public service in the bodies of the executive power was carried out. On the basis of the conducted scientific research, the author came to the conclusion that the administrative and legal regulation of public service in the Cabinet of Ministers of Ukraine provides for the presence in its structure of political employees who are not subject to the provisions of the legislation on civil service, as well as the principles of professionalism, political neutrality and stability public service, as well as civil servants and employees of the patronage service. The latter ensure the activities of the members of the Cabinet of Ministers of Ukraine (except for those who head the ministry) and are formally subordinated to the Secretariat of the Cabinet of Ministers of Ukraine, but in fact are subordinated only to the person whose activity they ensure. The administrative and legal regulation of public service in ministries and local executive bodies provides for the presence in their structure of both political and state and patronage employees, who are managed by the state secretary of the ministry (or the head of the staff of the local state administration), in other central bodies of executive power and territorial subdivisions of ministries, other central bodies of the executive power, there are no political employees, and the management of the state service and strategic management of the relevant body is carried out by its head.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139309585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Introduction. In this paper, the legal nature of decisions made by local self-government authorities regarding the approval of technical documentation for normative monetary land valuation is analyzed. The recognition of these decisions as regulatory legal acts has been a complex issue, resulting in numerous disputes within the Ukrainian judiciary. The aim of this analysis is to enhance understanding and offer guidance on the implementation of these decisions within a legal framework. The purpose of the paper is to assess the legal standing of determinations issued by local self-governing bodies when it comes to the approval of normative monetary land assessments. We aim to determine whether such decisions can be considered regulatory legal acts and how this affects the economic and administrative relations between public administration entities and business entities. Results. During the analysis, key aspects of law as a societal phenomenon, legal norms, normative legal acts, and their history of emergence were thoroughly examined. Technical documentation related to normative monetary land valuation was also extensively explored. Particular attention was given to the history of land appraisal instruments, demonstrating that the primary objective of these instruments has always been to establish the objective natural characteristics of land, upon which land fees are calculated. Conclusion. The results of this research clearly indicate that decisions made by local self-government authorities concerning the approval of normative monetary valuation do not qualify as regulatory legal acts. They do not include mandatory legal norms established by law and do not regulate economic or administrative relations between public administration entities and business entities. In practice, this means that business entities have the opportunity to reduce land fees payable to the local budget. The conclusions of this study, supported by legal doctrine and the practical contributions of legal professionals, can be a valuable addition to the field of land law science and practical activities within this realm.
{"title":"Legal regulation of land parcel normative monetary valuation approval by local self-government authorities","authors":"A. Moskalenko, Mariia Khomenko","doi":"10.37634/efp.2023.10.15","DOIUrl":"https://doi.org/10.37634/efp.2023.10.15","url":null,"abstract":"Introduction. In this paper, the legal nature of decisions made by local self-government authorities regarding the approval of technical documentation for normative monetary land valuation is analyzed. The recognition of these decisions as regulatory legal acts has been a complex issue, resulting in numerous disputes within the Ukrainian judiciary. The aim of this analysis is to enhance understanding and offer guidance on the implementation of these decisions within a legal framework. The purpose of the paper is to assess the legal standing of determinations issued by local self-governing bodies when it comes to the approval of normative monetary land assessments. We aim to determine whether such decisions can be considered regulatory legal acts and how this affects the economic and administrative relations between public administration entities and business entities. Results. During the analysis, key aspects of law as a societal phenomenon, legal norms, normative legal acts, and their history of emergence were thoroughly examined. Technical documentation related to normative monetary land valuation was also extensively explored. Particular attention was given to the history of land appraisal instruments, demonstrating that the primary objective of these instruments has always been to establish the objective natural characteristics of land, upon which land fees are calculated. Conclusion. The results of this research clearly indicate that decisions made by local self-government authorities concerning the approval of normative monetary valuation do not qualify as regulatory legal acts. They do not include mandatory legal norms established by law and do not regulate economic or administrative relations between public administration entities and business entities. In practice, this means that business entities have the opportunity to reduce land fees payable to the local budget. The conclusions of this study, supported by legal doctrine and the practical contributions of legal professionals, can be a valuable addition to the field of land law science and practical activities within this realm.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139308608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper is devoted to the study of the peculiarities of the economic recovery of Ukraine in the context of business regulation during the state of martial law in the country; determination of the economic consequences of Russian aggression for Ukraine; analysis of the effectiveness and efficiency of the new Marshall Plan, which is being developed specifically for the economic recovery of the state and the role of partner states in the further economic support of Ukraine. For the first time, the stages that must be applied by Ukraine and the partner states for the recovery process have been analyzed. It is noted that a sequential approach with a gradual increase in activity should be used for the recovery process, which should have four stages: aid, reconstruction, modernization and accession to the EU. The amount of investment needed to rebuild Ukraine is still unclear due to the continuation of the war. According to preliminary estimates, the cost of restoring the damaged Ukrainian infrastructure is more than 100 billion dollars. Aid should include emergency relief and basic rehabilitation as the war continues. Reconstruction will involve a rapid response to the destruction caused by war after a ceasefire or settlement, focusing on infrastructure and mobilizing market mechanisms. The conclusions indicate that in the long term, flexible macroeconomic management will remain important for managing the reconstruction and maintaining the competitiveness of the economy. The development of a more effective taxation system will contribute to the stability of public finances. In the short term, maintaining macroeconomic stability in the face of ongoing war and pressures related to the country’s defense will strengthen Ukraine’s defenses and provide a solid foundation for recovery.
{"title":"Economic recovery of Ukraine in the context of termination of business regulation during martial law in the country","authors":"S. Lysenko, O. Ashcheulova, Yuliia Holovnia","doi":"10.37634/efp.2023.7.3","DOIUrl":"https://doi.org/10.37634/efp.2023.7.3","url":null,"abstract":"The paper is devoted to the study of the peculiarities of the economic recovery of Ukraine in the context of business regulation during the state of martial law in the country; determination of the economic consequences of Russian aggression for Ukraine; analysis of the effectiveness and efficiency of the new Marshall Plan, which is being developed specifically for the economic recovery of the state and the role of partner states in the further economic support of Ukraine. For the first time, the stages that must be applied by Ukraine and the partner states for the recovery process have been analyzed. It is noted that a sequential approach with a gradual increase in activity should be used for the recovery process, which should have four stages: aid, reconstruction, modernization and accession to the EU. The amount of investment needed to rebuild Ukraine is still unclear due to the continuation of the war. According to preliminary estimates, the cost of restoring the damaged Ukrainian infrastructure is more than 100 billion dollars. Aid should include emergency relief and basic rehabilitation as the war continues. Reconstruction will involve a rapid response to the destruction caused by war after a ceasefire or settlement, focusing on infrastructure and mobilizing market mechanisms. The conclusions indicate that in the long term, flexible macroeconomic management will remain important for managing the reconstruction and maintaining the competitiveness of the economy. The development of a more effective taxation system will contribute to the stability of public finances. In the short term, maintaining macroeconomic stability in the face of ongoing war and pressures related to the country’s defense will strengthen Ukraine’s defenses and provide a solid foundation for recovery.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133972451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine. The purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine. Results. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued. Conclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.
{"title":"Reparations as a tool for holding the Russia responsible for war crimes committed on the territory of Ukraine","authors":"U. Vatamaniuk-Zelinska, Viktoriia Pavlyshyna","doi":"10.37634/efp.2023.7.7","DOIUrl":"https://doi.org/10.37634/efp.2023.7.7","url":null,"abstract":"Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine.\u0000The purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine.\u0000Results. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued.\u0000Conclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133656727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper is devoted to the essence of anti-corruption expertise in public administration. Scientific approaches to understanding the concept of «anti-corruption expertise» are considered. The author's definition of anti-corruption expertise in public administration is proposed as a public-authority activity of authorized subjects regarding the study of current normative legal acts and draft normative legal acts for the presence in them of corruptionogenic properties of norms that contribute or may contribute to the commission of corruption offenses or offenses related to related to corruption. It was established that anti-corruption expertise in public administration contributes to the identification and elimination of corruption-inducing factors in normative legal acts and drafts of normative legal acts in the field of activity of subjects of administrative legal relations. General and special features of anti-corruption examination in public administration are given. The general features of anti-corruption examination in public administration include the following: legal activity, carried out by a person or a group of persons, based on the norms of the law and subordinate legal acts, carried out on the basis of an officially approved research methodology, is a means of improving legal acts, based on the results of conducting a conclusion is made. The special features of anti-corruption examination in public administration include the following: the goal is to identify factors in current normative legal acts and draft normative legal acts that contribute or may contribute to the commission of corruption offenses or offenses related to corruption; subjects of the event (public authorities, natural persons, public associations, legal entities); the result is a normative legal act in which corruption-inducing factors are absent or minimized; expert conclusions are not retrospective, but prospective; is a means of preventing corruption.
{"title":"The concept and signs of anti-corruption expertise in public administration","authors":"Viktor Dasiuk","doi":"10.37634/efp.2023.7.12","DOIUrl":"https://doi.org/10.37634/efp.2023.7.12","url":null,"abstract":"The paper is devoted to the essence of anti-corruption expertise in public administration. Scientific approaches to understanding the concept of «anti-corruption expertise» are considered. The author's definition of anti-corruption expertise in public administration is proposed as a public-authority activity of authorized subjects regarding the study of current normative legal acts and draft normative legal acts for the presence in them of corruptionogenic properties of norms that contribute or may contribute to the commission of corruption offenses or offenses related to related to corruption. It was established that anti-corruption expertise in public administration contributes to the identification and elimination of corruption-inducing factors in normative legal acts and drafts of normative legal acts in the field of activity of subjects of administrative legal relations. General and special features of anti-corruption examination in public administration are given. The general features of anti-corruption examination in public administration include the following: legal activity, carried out by a person or a group of persons, based on the norms of the law and subordinate legal acts, carried out on the basis of an officially approved research methodology, is a means of improving legal acts, based on the results of conducting a conclusion is made. The special features of anti-corruption examination in public administration include the following: the goal is to identify factors in current normative legal acts and draft normative legal acts that contribute or may contribute to the commission of corruption offenses or offenses related to corruption; subjects of the event (public authorities, natural persons, public associations, legal entities); the result is a normative legal act in which corruption-inducing factors are absent or minimized; expert conclusions are not retrospective, but prospective; is a means of preventing corruption.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116993538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Introduction. In recent years, in the national doctrine of civil law, as well as in the judicial practice of Ukraine, there has been an expansion of features of the invalid transactions, in particular, a relatively new concept of "fraudulent act" has appeared, as a transaction aimed to harm the creditor. The paper is devoted to study content of the concept of fraudulent acts and determination of their characteristic features, the consequences of invalidating such transactions. Attention is drawn to the fact that the lack of consolidation the concept of a fraudulent act in the regulatory acts of Ukraine leads to different approaches in the interpretation of the concept of fraudulent act, which is followed, first of all, in court decisions. The purpose of the paper is to research perspectives for development and improvement of legal regulations in the area of invalidating transactions, as well as to develop proposals regarding the implementation of the concept of a fraudulent act to the rules of the civil legislation of Ukraine. Results. Based on the analysis of numerous judical practices, the concept of a fraudulent act is formulated through the prism of the general principles of civil legislation and the limits of the exercise of civil rights. Also defined the main characteristic features of such transactions are defined. It is emphasized that fictitious and fraudulent transactions have common features, but they differ in their purpose and consequences. The pudlication argues that the main purpose of concluding a fraudulent act is to cause damage to the creditor and prevent enforcement of the debtor's property. Conclusion. The paper grounds necessity to consolidate the definition of a fraudulent act in the Ukrainian legislation and to form a united concept in legal approaches to determining the grounds for recognizing fraudulent acts as invalid.
{"title":"Fraudulent act: problems of legal application","authors":"O.P. Adamovych","doi":"10.37634/efp.2023.7.5","DOIUrl":"https://doi.org/10.37634/efp.2023.7.5","url":null,"abstract":"Introduction. In recent years, in the national doctrine of civil law, as well as in the judicial practice of Ukraine, there has been an expansion of features of the invalid transactions, in particular, a relatively new concept of \"fraudulent act\" has appeared, as a transaction aimed to harm the creditor. The paper is devoted to study content of the concept of fraudulent acts and determination of their characteristic features, the consequences of invalidating such transactions. Attention is drawn to the fact that the lack of consolidation the concept of a fraudulent act in the regulatory acts of Ukraine leads to different approaches in the interpretation of the concept of fraudulent act, which is followed, first of all, in court decisions.\u0000The purpose of the paper is to research perspectives for development and improvement of legal regulations in the area of invalidating transactions, as well as to develop proposals regarding the implementation of the concept of a fraudulent act to the rules of the civil legislation of Ukraine.\u0000Results. Based on the analysis of numerous judical practices, the concept of a fraudulent act is formulated through the prism of the general principles of civil legislation and the limits of the exercise of civil rights. Also defined the main characteristic features of such transactions are defined. It is emphasized that fictitious and fraudulent transactions have common features, but they differ in their purpose and consequences. The pudlication argues that the main purpose of concluding a fraudulent act is to cause damage to the creditor and prevent enforcement of the debtor's property.\u0000Conclusion. The paper grounds necessity to consolidate the definition of a fraudulent act in the Ukrainian legislation and to form a united concept in legal approaches to determining the grounds for recognizing fraudulent acts as invalid.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"279 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123288456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of the paper is to determine the place and features of judicial control over the activities of public administration among other types of state control. It has been established that control over the activities of public authorities includes the activities of legislative and executive bodies, their territorial bodies, state collegial bodies, local state administrations, local self-government bodies, the court and the prosecutor's office with regard to monitoring compliance with legal requirements (precepts, norms) and preventing their violations in the future Judicial control in this context acts as a special type of control in the activities of public authorities, the peculiarity of which is that it is not carried out on a permanent basis or systematically, such as control by specialized control bodies, but only in the process of considering administrative cases. Depending on the type of judicial jurisdiction, such types of judicial control were distinguished as general judicial control, or control carried out by general courts during the consideration of criminal, civil and administrative cases; specialized judicial control, or control carried out by specialized (administrative and economic) courts; constitutional judicial control, or control carried out by the Constitutional Court of Ukraine as the only body of constitutional jurisdiction. It was determined that the grounds for conducting judicial control over the activities of the public administration should be of a purely legal nature, i.e. checking the legality, the state of compliance with the rights and freedoms of citizens, etc. It has been established that today the creation of advanced forms of judicial control is a necessity arising from the objective needs of a civilized and democratic society. This type of control contributes to increasing the level of legal protection of citizens and serves as a criterion for assessing the legality of actions of state bodies.
{"title":"Activity of public administration as an object of judicial control","authors":"O. Mykhailov","doi":"10.37634/efp.2023.7.8","DOIUrl":"https://doi.org/10.37634/efp.2023.7.8","url":null,"abstract":"The purpose of the paper is to determine the place and features of judicial control over the activities of public administration among other types of state control. It has been established that control over the activities of public authorities includes the activities of legislative and executive bodies, their territorial bodies, state collegial bodies, local state administrations, local self-government bodies, the court and the prosecutor's office with regard to monitoring compliance with legal requirements (precepts, norms) and preventing their violations in the future Judicial control in this context acts as a special type of control in the activities of public authorities, the peculiarity of which is that it is not carried out on a permanent basis or systematically, such as control by specialized control bodies, but only in the process of considering administrative cases. Depending on the type of judicial jurisdiction, such types of judicial control were distinguished as general judicial control, or control carried out by general courts during the consideration of criminal, civil and administrative cases; specialized judicial control, or control carried out by specialized (administrative and economic) courts; constitutional judicial control, or control carried out by the Constitutional Court of Ukraine as the only body of constitutional jurisdiction. It was determined that the grounds for conducting judicial control over the activities of the public administration should be of a purely legal nature, i.e. checking the legality, the state of compliance with the rights and freedoms of citizens, etc. It has been established that today the creation of advanced forms of judicial control is a necessity arising from the objective needs of a civilized and democratic society. This type of control contributes to increasing the level of legal protection of citizens and serves as a criterion for assessing the legality of actions of state bodies.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123054133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Introduction. The paper examines the problems of ensuring equal rights and opportunities for women and men and eliminating all forms of social and gender discrimination. The rule of law ensures legal equality between the sexes, which means providing them with equal starting opportunities. The term gender refers to the different social roles, responsibilities and identities of women and men, and the balance of power between women and men in a given society. Gender roles and gender relations differ across countries and cultures and may even differ among different groups within the same society. The paper analyzes the problems of the theory and practice of gender equality in Ukraine. The current state of war in Ukraine requires dynamic changes at the legislative level and the application of best international practices. The purpose of the paper is to analyze the role and meaning of equal rights for both men and women and the legislative aspects of their provision. Results. The directions of gender policy in the Armed Forces of Ukraine have been determined separately. The Strategy of Ukraine, which proclaims the formation of gender law and society, has been submitted. The principle of equality, which has several manifestations, is substantiated, one of which is the principle of gender equality, which means an equal approach to everything regardless of gender. The problems of gender differences in personal characteristics associated with constant dynamic changes in the world are indicated, which require consideration of questions regarding the influence of certain gender stereotypes on the professional activity of an individual. The paper presents stereotypes, legal acts ensuring equality and problems of gender identification in modern Ukrainian society. The directions of gender policy in the Armed Forces of Ukraine have been determined separately. Conclusion. The conclusions of the work consist of research results and further scientific research. Specialists in the economic and legal spheres can use the research information.
{"title":"Legal regulation of gender equality under the conditions of martial state","authors":"T. Datsiuk, Oleksii Hihin, L. Tymoshenko","doi":"10.37634/efp.2023.7.16","DOIUrl":"https://doi.org/10.37634/efp.2023.7.16","url":null,"abstract":"Introduction. The paper examines the problems of ensuring equal rights and opportunities for women and men and eliminating all forms of social and gender discrimination. The rule of law ensures legal equality between the sexes, which means providing them with equal starting opportunities. The term gender refers to the different social roles, responsibilities and identities of women and men, and the balance of power between women and men in a given society. Gender roles and gender relations differ across countries and cultures and may even differ among different groups within the same society. The paper analyzes the problems of the theory and practice of gender equality in Ukraine. The current state of war in Ukraine requires dynamic changes at the legislative level and the application of best international practices. \u0000The purpose of the paper is to analyze the role and meaning of equal rights for both men and women and the legislative aspects of their provision. \u0000Results. The directions of gender policy in the Armed Forces of Ukraine have been determined separately. The Strategy of Ukraine, which proclaims the formation of gender law and society, has been submitted. The principle of equality, which has several manifestations, is substantiated, one of which is the principle of gender equality, which means an equal approach to everything regardless of gender. The problems of gender differences in personal characteristics associated with constant dynamic changes in the world are indicated, which require consideration of questions regarding the influence of certain gender stereotypes on the professional activity of an individual. The paper presents stereotypes, legal acts ensuring equality and problems of gender identification in modern Ukrainian society. The directions of gender policy in the Armed Forces of Ukraine have been determined separately. \u0000Conclusion. The conclusions of the work consist of research results and further scientific research. Specialists in the economic and legal spheres can use the research information.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122441515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Introduction. Armed conflicts are one of the important problems of our time. They lead to social tension because the rights of not only military personnel, but also the civilian population are violated. At the international level, more and more attention is paid to such issues as war crimes during armed aggression. For Ukraine, the issue of criminal responsibility at the state and international level is relevant. The purpose of the paper is to analyze issues related to criminal responsibility for committing crimes during armed aggression in Ukraine. Results. War crimes during the armed aggression of Russia against Ukraine have been ongoing since 2014. However, with the beginning of a full-scale invasion, they acquired a systematic character. In international humanitarian law, a gross intentional violation of the laws and customs of war is considered a war crime. War crimes are one of the main crimes of international law. The four Geneva Conventions of August 12, 1949 and Additional Protocol I to them of June 8, 1977 oblige states to criminalize serious violations of international humanitarian law in their national legislation. Ukraine fulfills this requirement primarily by adding Article 438 "Violation of laws and customs of war" to the Criminal Code of Ukraine. The definition of criminal responsibility for committing war crimes is also contained in such an international act as the Rome Statute. The widest list of war crimes is enshrined in the Statute of the International Criminal Court, the so-called Rome Statute. The more discovered facts of war crimes in Ukraine appear in the public space, the more the term "genocide" sounds from various international bodies and public figures. The Verkhovna Rada also demanded that war crimes of the Russian Federation should be recognized as genocide against the Ukrainian people. Conclusions. For Ukraine, the problem of criminal responsibility for war crimes is and will be relevant. In the conditions of martial law, it is important that each such crime is discovered and investigated separately. After all, those who commit crimes against humanity should know that they cannot escape criminal responsibility. The specified features of war crimes will allow to distinguish them from other crimes in the future, and will allow to better specify and implement international criminal responsibility for their commission.
{"title":"Criminal responsibility for war crimes in the context of armed aggression against Ukraine","authors":"P. Nazarenko, L. Baieva, A.V. Semeniuk-Prybaten","doi":"10.37634/efp.2023.7.1","DOIUrl":"https://doi.org/10.37634/efp.2023.7.1","url":null,"abstract":"Introduction. Armed conflicts are one of the important problems of our time. They lead to social tension because the rights of not only military personnel, but also the civilian population are violated. At the international level, more and more attention is paid to such issues as war crimes during armed aggression. For Ukraine, the issue of criminal responsibility at the state and international level is relevant.\u0000The purpose of the paper is to analyze issues related to criminal responsibility for committing crimes during armed aggression in Ukraine.\u0000Results. War crimes during the armed aggression of Russia against Ukraine have been ongoing since 2014. However, with the beginning of a full-scale invasion, they acquired a systematic character. In international humanitarian law, a gross intentional violation of the laws and customs of war is considered a war crime. War crimes are one of the main crimes of international law. The four Geneva Conventions of August 12, 1949 and Additional Protocol I to them of June 8, 1977 oblige states to criminalize serious violations of international humanitarian law in their national legislation. Ukraine fulfills this requirement primarily by adding Article 438 \"Violation of laws and customs of war\" to the Criminal Code of Ukraine. The definition of criminal responsibility for committing war crimes is also contained in such an international act as the Rome Statute. The widest list of war crimes is enshrined in the Statute of the International Criminal Court, the so-called Rome Statute. The more discovered facts of war crimes in Ukraine appear in the public space, the more the term \"genocide\" sounds from various international bodies and public figures. The Verkhovna Rada also demanded that war crimes of the Russian Federation should be recognized as genocide against the Ukrainian people.\u0000Conclusions. For Ukraine, the problem of criminal responsibility for war crimes is and will be relevant. In the conditions of martial law, it is important that each such crime is discovered and investigated separately. After all, those who commit crimes against humanity should know that they cannot escape criminal responsibility. The specified features of war crimes will allow to distinguish them from other crimes in the future, and will allow to better specify and implement international criminal responsibility for their commission.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122245701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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