Abstract. The problem of elaborating the comprehensive state policy on regulatory and legal provision of the financial security at all levels of economy is significantly important for Ukraine. It is crucial to ensure development and implementation of the legislative framework that would determine the types of internal and external threats to the stability of financial activity and the means of counteracting these threats; the full power and responsibility of state authorities concerning the financial and legal regulation aimed at warranting order in financial sphere; the mechanism of financial control organization as the means of preventing financial offences. The aim of the research is to outline the essence of new threats to the economic and financial security of the state under modern economic conditions and search for the required mechanisms and means of regulatory and legal provisioning of the financial security of Ukraine. In the course of research, the general scientific and theoretical methods have been applied. These include systemic analysis (for defining the object and the subject of research); abstract and logical method (for preparing the scientifically justified generalizations and conclusions about the essence, the mechanism of provisioning financial security of the state, and the factors that designate it); graphic method (for representing visually the mechanism of ensuring financial security of the state). The article introduces improvements to the list of modern internal and external threats to the financial and economic security of the state with respect to the immanent nature of the World Band and the International Monetary Fund. It has been emphasized that the new list of indicators and sources of initial information about the constituent components of financial security should be developed and approved because the current list was outlined in the end of 2013 and does not take into account modern realia. It is necessary to determine the functions of the Ministry of Economy of Ukraine in the realm of monitoring and regulating financial stability of the state, particularly in the real economy sector. It has been specified that scientific development of the range of problems related to the methodology and legal regulation of the state security provisioning, as well as the means and methods of preventing and mitigating the threats, is tightly connected with the development of macroprudential supervision and regulation under the aegis of the National Bank of Ukraine. The introduction of new indicators by the Bank (such as the level of non-performing loans, the financial stress index, and others) is the positive step. Nonetheless, the large quantity of private indicators interferes the process of elaborating the set of measures for financial and legal regulation of the financial security level. The new methodological approach to development of the integrated indicator of financial stability at the macro level has been suggested. The research results enable the possibility of improving the mechanism of state financial security and justifying the set of measures for its reinforcement. The review and improvement of the current legal framework in the area of financial and regulatory economic security, and development of the new integrated indicator of financial security level are necessary. Keywords: financial security; internal and external threats; legal mechanism of security provision, macroprudential regulation. JEL Classіfіcatіon: О12, Е59 Formulas: 0; fig.: 2; tabl.: 1; bibl.: 16.
The article analyzes international legal sources: the UN Charter, the Declaration of Principles of International Law (1970), the NATO Charter, OSCE documents, etc. in the context of the reality of the implementation of the principle of maintaining international peace and security, in particular the mechanism for guaranteeing this principle. Like any other guarantee mechanism, it contains two groups of tools: documentary and activity, which should ensure its effectiveness. The purpose of this work is to identify the real possibilities of the mechanism of guaranteeing the principle of maintaining peace and security in modern conditions, in particular in Ukraine. The mechanism of guaranteeing the principle of international peace and security, which is enshrined in these documents, met the requirements of the 50’s of the twentieth century. and the beginning of the XXI century. and allowed to solve problems in this area. But a number of provisions are no longer relevant or do not meet the requirements of the time; quite often they are declarative in nature, do not contain specific means of ensuring the effectiveness of the mechanism of peace and security. There is no constant monitoring of the implementation of this principle to anticipate the possibility of its violations and apply measures to prevent them. The conceptual vision of the role and significance of international organizations and international law in the light of the challenges of the time also needs to be changed. A number of provisions enshrining the means of guaranteeing the principle of maintaining international peace and security are not only ineffective in concrete realities, but can also create conditions for distortions (recorded during the Russian Federation’s war against Ukraine - when voting in the UN Security Council cessation of war and peace, substitution of concepts or interpretation of certain provisions in their favor to justify actions contrary to the purposes and principles of the United Nations). Updates require the provision of deprivation of the status of a member state that violates the goals and principles of the United Nations, in particular the principle of maintaining international peace and security (even in the post- war period). It is important to focus on means of preventing violations of the principle of maintaining international peace and security, as no single most effective jurisdictional mechanism will be able to restore lost lives. Particular attention should be paid to a holistic vision of the principle of maintaining international peace and security, rather than fragmentary (only within the territory of member states of the international organization), because today humanity is a single entity and losses in any part of it can lead to global problems in general. Therefore, the lack of reaction to war, which brings irreparable damage to humanity, is senseless and immoral. Key words: international law, international organization, principle of maintaining international peace and security
Mankind is facing new civilizational problems (management of global processes, environmental safety, health care, etc.). A significant role in their solution is given to international organizations, interstate legal systems. Analysis of actions to solve global problems raises before legal science questions about the real capabilities of international organizations, interstate legal systems, their ability to adequately respond to globalization challenges, the need to clarify their role in the new reality, as well as their nature, form, and significance. This is a new model of interaction between states within the international system, which could ensure not only their cooperation but also integration through a new institutional mechanism and system of legal acts. The study uses universal and European international legal acts (in particular, sources of law) and other documents that offer a description of their nature, form, significance, ability to adequately respond to the globalization challenges of today. The main in the research process were: globalization approach, logical methods, general theoretical, sociological, comparative law, and international legal methodology. An analysis of the provisions of international, foreign, and Ukrainian legal science, sources of law, and legal practice revealed that modern international organizations arose in connection with the need to ensure the functioning of sovereign states and their cooperation. After the Second World War, those were formed that are designed to ensure closer cooperation based on universal and regional cooperation (United Nations, Council of Europe, European Union). New world order and interstate legal systems are being formed, which structure it. Their forms of integration are emerging, such as the legal system of the European Union. These systems have successfully fulfilled their role in streamlining the regional (European) and universal space. Although new globalization challenges of socio-economic, security, information, health, and environment necessitated the formation of a new model of interstate legal systems, which would ensure not only cooperation but also integration, through the creation of a new institutional mechanism and an effective system of legal acts.
National and international courts are increasingly turning to generally recognised international legal principles to regulate private law relations. This is necessitated, in particular, by the fact that the issues and disputes that modern participants in private law relations address to the courts are becoming more widespread. Thus, the practice of international justice and justice in Ukraine demonstrates that such international principles as the principle of justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, and the rule of law are increasingly used in dispute resolution. This study investigated the application of international principles in private law relations. Based on the general legal research methods, the nature of international legal principles was analysed, the study considered their application in the above-mentioned Ukrainian court cases to the European Court of Human Rights, as well as the Constitutional and Anti-Corruption Courts of Ukraine. The study investigated the judicial practice of the European Court of Human Rights, whose decisions raise the issue of violation of rights and fundamental freedoms stipulated in the Convention for the Protection of Human Rights and Fundamental Freedoms and non-compliance with basic international legal principles, as well as highlighted the main trends of these disputes. Based on the results of the analysis, the study identified an insufficient level of the content specification regarding the principle of the rule of law and its features in the current legislation of Ukraine, which must be properly observed by both state authorities and citizens of Ukraine. Based on the conducted research, the authors formulated their scientific positions and conclusions aimed at improving the system of principles of private law relations
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