Responsive image
Article title Substantive Value Challenges to the Accounting Chamber
Authors
PETRO PATSURKIVSKYY
Doctor of Law, Professor, Professor of the Department of Public Law, Yuriy Fedkovych Chernivtsi National University (Chernivtsi, Ukraine) ORCID ID: https://orcid.org/0000-0001-5081-7842 ResearcherID D-5476-2016 p.patsurkivskyy@chnu.edu.ua
RUSLANA HAVRYLYUK
Doctor of Law, Professor, Head of the Department of Public Law, Yuriy Fedkovych Chernivtsi National University (Chernivtsi, Ukraine) ORCID ID: https://orcid.org/0000-0001-6750-4340 ResearcherID D-5380-2016 r.havrylyuk@chnu.edu.ua
Magazine name Legal journal «Law of Ukraine» (Ukrainian version)
Magazine number 10 / 2024
Pages 137 - 150
Annotation

The article is devoted to the analysis of substantial value challenges to the Accounting Chamber caused by the nature of public financial resources and peculiarities of their interaction with private public resources and interests of civil society actors. Additional factors that increase the relevance of the study of the problem are the beginning of Ukraine’s immediate acquisition of fullmembership in the European Union and the resulting need to rethink the extent to which the legal structure of the competence and powers of the Accounting Chamber as the constitutional (supreme) body of public finance audit in Ukraine complies with European and international standards and values, as well as the insufficient degree of scientific development of the problem in domestic law and public finance science.

 The purpose of the study is to clarify the content and the true meaning of the newest substantive value challenges to the Accounting Chamber as a constitutional audit body in connection with the beginning of the final stage of Ukraine’s full membership in the EU.

The research methodology is based on the anthroposociocultural approach, in particular, its components such as axiological, genetic and systemic methods, as well as general scientific principles of historicism and objectivity.

Particular attention is paid to the analysis of the control function of finance as one of its most fundamental properties and the role of the Accounting Chamber as a constitutional body for auditing public finances, to the analysis of the nature and content of the main flows of public financial resources and their peculiarities under martial law, and to the disclosure of the meaning of the paradox of ‘quantum superposition’ of public finances as the least understood phenomenon in the national jurisprudence and public finance science.

As a result of the study of the above-mentioned problem, the authors formulated the following conclusions: the substantive value challenges to the Accounting Chamber in their most general interpretation should be understood as public finances and their properties in general. Their particular manifestation is the flow of public financial resources: 1) the financial flow from individuals to the state (mainly in the form of taxes and other mandatory payments); 2) the movement of public financial resources within the public sector of society; 3) the flow of public financial resources from the state to individuals; 4) the movement of financial resources within the private sector, which has a direct impact on the state of public finances; 5) external credit borrowings of public law institutions and external non-repayable assistance to them. Taken together, they are the product of both primary (independent of an individual) and secondary (man-made, dependent on each individual) social nature, and therefore are influenced by all actors of civil society, mainly the state.

Public finance, due to its inherent control function, is able to objectively promote the most efficient use of public funds in accordance with their fundamental function - to be a public good and meet public needs. At the same time, in accordance with their quantum superposition property, public finances are also able to satisfy private or departmental interests of the subjects of public relations. Hence, only the Accounting Chamber as a constitutional body of financial control is able to carry out an effective audit of public finances in accordance with their true purpose - to be a common good. To ensure this historic mission, it should be endowed with the necessary jurisdictional powers.

Keywords substantive value challenges; Accounting Chamber; public finance; financial resource flows; control function of public finance; ‘quantum superposition’ of public finance; properties of public finance
References

Bibliography

 

Authored books

1. Gaudemet P-M, Finances Publiques Politiques Financiere Budget et Tresor (Editions Montchrestien 1974).

2. Kornai J, Anti-Equilibrium: On Economic Systems Theory and the Task of research (NorthHolland 1971).

3. Luhmann N, Einführung in die Systemtheorie. (Baecker, Dirk [Hrsg.] Carl-Auer-SystemeVerl 2002). 4. Luhmann N, Soziale Systeme. Grundriss einer Allgemeinen Theorie (Suhrkamp 1994).

5. Rosen H S, Public Finance. (Irwin/McGraw-Hill 1995).

6. Weber M, Rechtssoziologie Aus dem Manuskript hrsg. N. eingel. Von Winkelman J. Neuwied (Luchterhand 1960).

7. Andrushchenko H S, Kovalenko A A, Savchenko L A, Finansovo-kontrolne pravo: navch. posib (2-he vyd, pererob i dopovn) (Iurinkom Inter 2021).

8. Patsurkivskyi P S, Pravovi zasady finansovoi diialnosti derzhavy: problemy metodolohii (ChDU 1997).

 

Edited books

 9. Buchanan J M, Musgrave R A, Public finance and public choice: Two contrasting visions of the state (MIT Press 1999).

10. Musgrave R A, ‘“Public goods” in Paul Samuelson and Modern Economic Theory’ in Modern Economic Theory (E C Brown, R M Solow (eds), McGraw Hill 1983).

11. Musgrave R А, Peacock A T (ed), Classics in the Theory of Public Finance (Macmillan; St Martins Press 1967).

 

Journal articles

12. Havryliuk R, ‘“Kvantova superpozytsiia” publichnykh finansiv i efektyvnist pravovoho rehuliuvannia opodatkuvannia: problemy teorii’ [2007] 427 Naukovyi visnyk Chernivetskoho universytetu: zbirnyk naukovykh prats 77–83.

13. Havryliuk R, ‘“Kvantova superpozytsiia” publichnykh finansiv i efektyvnist pravovoho rehuliuvannia opodatkuvannia: problemy teorii’ [2009] 6 Pravo Ukrainy 154–160.

 

Newspaper articles

14. Hetmantsev D, ‘Shcho bude iz derzhborhom Ukrainy?’ (Ekonomichna pravda 18 chervnia 2024) <https://epravda.com.ua/columns/2024/06/18/715386> (accessed 01.12.2024).

Electronic version Download