Article | State Regulation of Non-Banking Financial Services Markets in the Post-War Period |
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Authors |
ANASTASIIA POPOVA
Candidate of Law, Associate Professor, Associate Professor of the Department of Economic Law and Economic Judiciary of the Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) avpopova@meta.ua
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 8 / 2023 |
Pages | 68 - 79 |
Annotation | The need to strengthen the role of state regulation of non-bank financial services markets, as an integral part of the country’s financial system, determines the relevance of this article. Solving the legal problems of implementing a unified state policy in this area in the war and post-war periods characterizes the unconditional relevance of this article. The purpose of the article is to define the concept of state regulation of non-banking financial services markets, to highlight the objects of such regulation, to analyze the main models of state regulation of non-banking financial services markets, as well as to investigate the features of deregulation measures in the war and post-war periods. Regulation of non-banking financial services markets is defined as regulation of activities of economic entities in the field of non-banking financial services markets and transactions between them and clients by authorized bodies. It is noted that the regulation of non-bank financial services markets can be internal – this is the subordination of the activities of economic entities in the field of non-bank financial services markets to their own regulatory documents (statutes, regulations on structural divisions of financial institutions) and external – the subordination of the activities of economic entities in the field of non-bank financial services markets in the field of non-banking financial services markets, regulatory legal acts of state bodies, international agreements, etc. It is emphasized that Ukraine is characterized by a sectoral or polyregulatory model of state regulation of non-banking financial services markets, which consists of an established system of Regulators (the National Bank of Ukraine and the National Securities and Stock Market Commission) and a developed system of self-regulatory organizations. The main similar elements in the definitions of state regulation are distinguished, namely: 1) it is a set of measures carried out by state bodies; 2) are aimed at regulating the behavior of participants in certain relationships; 3) are carried out with a specific purpose. On the basis of the analysis of the legislative definition of state regulation of the activity of providing financial and accompanying services, it is concluded that the content of state regulation is reduced to normative regulation, which is one of the four possible legal forms of state regulation of the economy, which are distinguished in the theory of economic law (state forecasting and development of programs economic and social development of Ukraine, management, control and regulatory regulation). As a result of the analysis of doctrinal and legislative definitions, it is proposed to define the state regulation of nonbanking financial services markets as a set of measures implemented by the Regulators to regulate, control and supervise the activities of non-banking organizations and other participants in non-banking financial services markets with the aim of creating favorable conditions for their functioning, prevention and combating abuses and violations in the markets of non-banking financial services and ensuring the protection of the legitimate interests of clients. It is also proposed to distinguish two types of objects of state regulation of non-banking financial services markets: an mediated object (markets of non-banking financial services) and a direct object (professional financial activity). The author came to the conclusion that it is expedient to continue work on the normative regulation of professional financial activities not only during the period of martial law, but also in the post-war period.
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Keywords | state regulation; financial market; financial services market; the market of non-banking financial services; financial services; deregulation plan; martial law |
References | Bibliography
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Edited books 3. Hospodarske pravo (Zahalna chastyna): pidruchnyk (Shcherbyna V, Rieznikova V red, Lira-K 2023) (in Ukrainian). 4. Pravovi osnovy zdiisnennia hospodarskoi diialnosti v innovatsiinomu suspilstvi (Hetman A ta inshi red, Pravo 2018) (in Ukrainian).
Dictionaries 5. Slovnyk synonimiv ukrainskoi movy: u dvokh tomakh, t 2: O–Ia (Buriachok A ta inshi, Naukova dumka 2001) (in Ukrainian). 6. Slovnyk ukrainskoi movy, t 8: Pryroda-Riakhtlyvyi (Bilodid I holova redkol, Naukova dumka 1977) (in Ukrainian). 7. Velykyi entsyklopedychnyi yurydychnyi slovnyk (Shemshuchenko Iu red, 2-he vyd, Yurydychna dumka 2012) (in Ukrainian).
Journal articles 8. Dobrodumov P, ‘Konstytutsiino-pravovi osnovy ekonomichnoi systemy Ukrainy’ (2002) 12 Pidpryiemnytstvo, hospodarstvo i pravo 89 (in Ukrainian). 9. Kravtsova T, ‘Pravova pryroda derzhavnoho rehuliuvannia pidpryiemnytskoi diialnosti’ (2004) 1 Pidpryiemnytstvo, hospodarstvo i pravo 4 (in Ukrainian). 10. Kyzyma H, ‘Modeli rehuliuvannia finansovykh rynkiv: sutnist ta osoblyvosti’ (2011) 12 Derzhavne upravlinnia: udoskonalennia ta rozvytok <http://www.dy.nayka.com. ua/?op=1&z=369> (accessed: 30.03.2023) (in Ukrainian). 11. Popova A, ‘Rynky nebankivskykh finansovykh posluh ta yikh instrumenty’ (2018) 5 Pravo Ukrainy 136–50 (in Ukrainian). 12. Soloshkina I, ‘Meta ta formy derzhavnoho rehuliuvannia rynkiv finansovykh posluh’ [2015] 1151 (19) Visnyk Kharkivskoho natsionalnoho universytetu im. V. N. Karazina. Seriia “Pravo” 68 (in Ukrainian). 13. Yashchyshchak O, ‘Modeli derzhavnoho rehuliuvannia rynku finansovykh posluh’ [2011] 3 (126) Advokat 29–31 (in Ukrainian).
Theses 14. Didych O, ‘Administratyvno-pravovyi status torhovtsiv tsinnymy paperamy’ (avtoref dys kand yuryd nauk, 2004) (in Ukrainian). 15. Yashchyshchak O, ‘Derzhavne rehuliuvannia rynku finansovykh posluh v Ukraini: orhanizatsiino-pravovyi aspekt’ (dys kand yuryd nauk, 2010) (in Ukrainian).
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