scholarly journals Legal regulation of payment systems in Ukraine: current situation and the prospects for development

2021 ◽  
Vol 39 (69) ◽  
pp. 446-461
Author(s):  
Protsenko Taras ◽  
Yevhen Sobol ◽  
Pylyp Yerpyntsev ◽  
Viktor Koshchynets ◽  
Anna-Maria Anheleniuk
Keyword(s):  
Research Methodology ◽  
Legal Regulation ◽  
Current Situation ◽  
European Countries ◽  
Payment Systems ◽  
National Legislation ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
National Bank ◽  
European Regulations

The purpose of the article is to consider the main international regulations on the introduction and operation of payment systems in Europe, as well as national legislation providing for the development of payment systems in Ukraine. The research methodology includes the following general and special legal methods: axiological, historical and legal, formal and logical, comparative and legal, as well as the methods of analysis and synthesis, induction and deduction, summarization. Results of the research. The main international regulations on the formation and functioning of payment systems in the European countries, which became the basis for the development of relevant legislation of Ukraine in this area, are analyzed. The legal acts that currently regulate this issue in our country are considered, as well as Draft Laws aimed at resolving existing problematic issues in the payment systems market are examined. Practical meaning. The positive dynamics of the development of the Ukrainian payment legislation in accordance with the needs of the market and changes in the payment habits of the population are established. Value / originality. Emphasis is placed on the need for the further measures by the National Bank of Ukraine in order to harmonize national legislation with the European regulations in this area.

scholarly journals The improvement of statutory and legal regulation of payment system of the Republic of Kazakhstan

2021 ◽  
pp. 97-103
Author(s):  
B. B. Amangozhayeva ◽  
S. S. Abdíldín ◽  
Sh. D. Kydyrbaeva
Keyword(s):  
Information Transfer ◽  
Shadow Economy ◽  
Legal Regulation ◽  
Payment System ◽  
Payment Systems ◽  
Regulatory Documents ◽  
National Bank ◽  
The Republic ◽  
Financial Transactions ◽  
Modern Technologies

The development of payment systems implies continuous improvement, updating and updating for all their components. This article discusses the issues of functioning, regulatory regulation and further transformation of the payment systems of the Republic of Kazakhstan, taking into account modern realities. The main legislative acts, regulatory documents and requirements regulating the activity of the payment market are considered. The national payment system of the Republic of Kazakhstan, which is in contact with all aspects of the economic activity of the state, is today a strategically important channel that makes it possible to conduct clear and high-quality financial transactions. Currently, the National Bank of the Republic of Kazakhstan and the Agency for Regulation and Development of the Financial Market are taking measures to implement the program for the development of the national payment system until 2025. The program is implemented to address the issues of combating the shadow economy and increasing the share of non-cash payments. The lag in the development and improvement of payment systems leads to the destabilization of the financial sector and reduces the competitiveness of the national economy. This determines the demand for quicker payment processing, expansion of non-cash payments, the introduction of modern technologies and methods of information transfer, increase the security of information systems, to ensure effective and reliable service to all participants. At the same time, the main stages and key tasks of the implementation of the program for the development of the national payment system of the Republic of Kazakhstan are analyzed.

scholarly journals The Development of Higher Education Establishment Autonomy in Latvia

2015 ◽  
Vol 2 ◽  
pp. 409
Author(s):  
Ivans Jānis Mihailovs
Keyword(s):  
Higher Education ◽  
Legal Regulation ◽  
Current Situation ◽  
State Regulation ◽  
University Autonomy ◽  
Education Development ◽  
Educational Activities ◽  
Higher Education Development ◽  
National Legislation

The events, which were highly important for Latvian higher education development, were happened in the 1st part of 2011, incl. discussions about higher education establishment (university) autonomy frames and content. According to the national legislation and higher education establishment statuses, autonomy is mostly centred to the “inside” of the higher education establishment, bringing in “outside” duties to respect and comply with state regulation and standards etc. The analysis of current situation in Latvian higher education shows, that there are four models of autonomy, which have differences in legal regulation, management and daily practise. Also the targets of the founders, the priorities of educational activities are different and exactly influence educational relations, content of studies, study requirements, students, staff and administration duties and rights. In this context, discussions about the founder’s rights to supervise higher education establishment work and harmonization of society-statehigher education establishment still are opened for adjustment.

Features of adaptation of the national punishment system to European standards

2020 ◽  
pp. 87-92
Author(s):  
Alexey Tavolzhanskyi ◽  
Valeriya Prykhodko
Keyword(s):  
European Integration ◽  
Detailed Examination ◽  
Legal Regulation ◽  
International Standards ◽  
European Countries ◽  
Main Body ◽  
National Legislation ◽  
National System ◽  
European Legislation ◽  
European Standards

Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.

scholarly journals PROSPECTS OF EUTHANASIA LEGAL REGULATION IN UKRAINE

2020 ◽  
Vol 73 (10) ◽  
pp. 2289-2294
Author(s):  
Tetіana A. Pavlenko ◽  
Tetіana Ye. Dunaieva ◽  
Marina Yu. Valuiska
Keyword(s):  
International Organizations ◽  
Scientific Literature ◽  
Terminally Ill ◽  
Legal Regulation ◽  
European Countries ◽  
Human Right ◽  
Legal Method ◽  
Methods Of Analysis ◽  
Analysis And Synthesis ◽  
The Right

The aim of this article is to explore the ways of euthanasia regulation and to propose the most effective one. Materials and methods: The authors of the article used the methods of analysis and synthesis, a comparative legal method. The scientific literature is evaluated and analyzed along with the experience of European countries, data of Ukrainian and international organizations and the results of scientific researches. Conclusions: the understanding of euthanasia should be reviewed in terms of the possibility in exceptional cases of its executing for terminally ill person. This is an inherent human right. However, it is established that the right to dispose of his life belongs exclusively to the bearer of this right and it cannot be delegated.

The institution of term in legal relations to ensure the execution of state (municipal) contract and guarantee obligations: issues of legal regulation practice

2021 ◽  
pp. 475-485
Author(s):  
Vadim V. Kramskoy
Keyword(s):  
Research Methodology ◽  
Legal Regulation ◽  
The State ◽  
Legal Institution ◽  
Contractual Obligation ◽  
Methods Of Analysis ◽  
Analysis And Synthesis ◽  
Security Relations ◽  
State Of Affairs ◽  
Interim Measures

We investigate the institution of term in security relations, used in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main goal is to analyze the provisions of the legislation on the contractual system in terms of comprehending the existing approach to securing in law the security obli-gations of counterparties of the state customer, the periods during which one or another method of securing the execution of the contract is valid, and the period during which it is provided by the supplier, contractor, executor secur-ing both the contractual obligation and the guarantee obligation following it. We pose the problem of inconsistency in the legal regulation of the named legal institution and legal uncertainty in the application of its individual as-pects, an explanation is given for this state of affairs, and we give examples of the possible formulation of conditions on the duration of security obliga-tions in a contract. In particular, it shows cases of a “legal vacuum” in a situation with the return of funds contributed as a security for the performance of a contract, a case of a gap in the law regarding a condition on the term of provision of a guarantee, etc. The work is practice-oriented and contains examples of the possible formulation of the terms of contracts in terms of the effect of interim measures. The research methodology is based on methods of analysis and synthesis, formal legal and comparative legal methods.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

scholarly journals Technology transfer in innovation networks

2017 ◽  
Vol 9 ◽  
pp. 184797901773574 ◽  
Author(s):  
Giovanna Ferraro ◽  
Antonio Iovanella
Keyword(s):  
Technology Transfer ◽  
Research Methodology ◽  
Network Science ◽  
European Countries ◽  
Innovation Networks ◽  
Science Approach

This article offers a network perspective on the collaborative effects of technology transfer, providing a research methodology based on the network science paradigm. We argue that such an approach is able to map and describe the set of entities acting in the technology transfer environment and their mutual relationships. We outline how the connections’ patterns shape the organization of the networks by showing the role of the members within the system. By means of a case study of a transnational initiative aiming to support the technology transfer within European countries, we analyse the application of the network science approach, giving evidence of its relative implications.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Typical foodstuffs in tourist supply of Istria

1997 ◽  
Vol 3 (2) ◽  
pp. 417-426
Author(s):  
Olivera Koprivnjak ◽  
Aldo Milotić ◽  
Đordano Peršurić
Keyword(s):  
European Countries ◽  
Cultural Inheritance ◽  
Research Results ◽  
International Regulations ◽  
West European

The tourist supply of every country longs for peculiar quality and identifiability. The typical foodstuffs are one of the climate, cultural inheritance and traditions of a country. In this paper, the authors first explain the definitions and procedures designed by international regulations concerning typical foodstuffs with controlled denomination of origin. The authors have investigated the interests and the opinions of tourists and subjects in trade and catering, about typical foodstuffs from Istria. By comparing the regulations, it was concluded that Croatian regulations do not follow the trends in West-European countries. The research results show that foreign tourists are very interested in typical istrian foodstuffs. However, their interest is lessened because those products are relatively expensive and have no guaranty of quality and origin.

Legal Deposit of Electronic Publications and Other Non-Print Material: An International Overview

1997 ◽  
Vol 9 (1) ◽  
pp. 59-79 ◽  
Author(s):  
Peter Hoare
Keyword(s):  
The Netherlands ◽  
Current Situation ◽  
European Countries ◽  
Print Material ◽  
International Coordination ◽  
The Usa ◽  
Electronic Publications ◽  
The Uk ◽  
West European

In many countries, including the UK, proposals are currently being made for the extension of legal deposit to electronic and other non-print material. Some countries such as Switzerland and the Netherlands have no national legal deposit legislation, though voluntary deposit works well in the latter. Norway has the most advanced legislation, requiring the deposit of all lands of media. In few countries is any range of material actively handled, and a very few deal with online publications. There is scope for international coordination of proposals through such bodies as CDNL, CENL, IFLA and UNESCO. The aim of totally comprehensive collecting of all published material may be accepted as unrealistic, and some selectively is likely to be necessary. The current situation with regard to deposit of non-print material in 11 west European countries, Australia, Canada and the USA is recounted.

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