Abstract. The problem of legal regulation of the financial and economic security at all levels of Ukraine’s economy is extremely important. In our opinion, the most complicated problem in the system of legal regulation of the financial and economic security is the problematic issue of limits of state intervention in the economy. Theoretical basis. It is necessary to avoid the potential detrimental influence of the state on economic processes, to achieve a reasonable combination of public administration and regulation concurrently with the autonomy of economic entities and their inherent self-regulation. Our study is aimed to highlight the problems of legal regulation of the financial and economic security in the context of current challenges and threats to the sovereignty of Ukraine. Scientific novelty. The results of our study are aimed at improving the mechanism of the financial and economic security of the state and substantiation of measures intended to strengthen it by methods of legal regulation. Conclusions. This article analyzes the results of the scientific research of the problem of legal regulation of the financial and economic security of Ukraine, mainly the results for years 2019—2021. The authors support the idea of regulating the financial security of the state by means of the new law of Ukraine «On Fundamentals of the Financial Security». It should include clearly defined approaches to the formation of the system of the financial security of the state, the mechanism of its functioning, powers and the scheme of interaction of subjects of the financial security of Ukraine. Positive changes in the regulatory environment in the financial sphere of Ukraine have been studied, namely the establishment of the Bureau of Economic Security of Ukraine, the development of the Strategy of Economic Security of Ukraine until 2025, etc. The authors proposed some improvements to the Strategy: it is advisable to add appropriate programs with clearly defined sources and amounts of funding, stages of implementation and assigned persons, to expand the list of indicators of the financial security. Keywords: financial and economic security; foreign experience of legal regulation of the market economy; legal mechanism, strategy of the financial and economic security. JEL Classification E60, H70, K10, O17 Formulas: 0; fig.: 0; tabl.: 1; bibl.: 32.
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.
Abstract. The article maps out the topical issue of reinforcing the financial and economic security of our country by switching from uncritical compliance with standard requirements of financial institutions affecting the provision and amount of international loans to development of own economic policy on the basis of rethinking the reasons for the unsatisfactory state of the financial and economic security of Ukraine. The purpose of the article is to study the issue of increasing the sustainability of the financial system of Ukraine taking into consideration foreign experience and to determine the main direction of its provision with the emphasis on the priority development of the real sector of the economy. The financial security issue has become of paramount importance and relevance not only for Ukraine but for other countries as well. The study of foreign experience showed that stagflation of the 1970s provoked an erroneous neoliberal economic reaction. Policy responses were focused on deregulation of markets, in particular labour and financial markets, on the one hand, and on achieving the price stability instead of full employment on the other hand. This neoliberal «counterrevolution» created the conditions for the emergence of «financialization» or «finance-dominated capitalism» since the early 1980s first in the USA and Great Britain and then spread around the world. Over the past 30 or so years, finance began to dominate the industry, and non-financial corporations are increasingly engaged in financial rather than production activities. For instance, in Japan it resulted in the Great Recession. In Ukraine such policy has been implemented since the early 2000s under the influence of IMF requirements. As a result, the economy has lost the ability to provide a decent standard of living for the population and encouraged the labour migration and the increase of debt burden which was practically unavoidable without catastrophic consequences for state sovereignty. It is proposed to redirect the economic policy of Ukraine from spontaneous development of the «mechanism of financialization» to the creation of a mechanism for the development of real economy and effective creation of high-wage jobs complemented by the social responsibility of entrepreneurs and improving the regulatory requirements for legal regulation of public relations related to ensuring the financial security of the state. Keywords: financial security, gross external debt, liability, social responsibility, law, labour migration; employment of population, budget deficit. JEL Classification Е02, H63, K10, M14, O11 Formulas: 0; fig.: 2; tabl.: 1; bibl.: 26.
The most significant domestic and foreign publications on the problem of reducing the negative impact of financialization on the rate of output growth and the increase of wages in the real sector of the economy are analyzed in the article. It is emphasized the financialization of the world economy forms a new paradigm of destructive changes in production and industrial capital from the side of financial capital, and, at the same time, conditions the need for the exploitation of national capital from the side of global oligarchic capital. Financialization causes an increase in the gap between the richest and poorest sections of the population, which, in turn, leads to the strengthening of social inequality in society and causes a sharp decrease in the growth rates of the real sector of the economy, as a result of which the processes of deepening poverty in countries are intensified. Regardless of their level of development and the state of financial capitalism. A more sharply delineated problem concerns those countries that are on the periphery of economic development, which includes Ukraine, the course taken by them towards financialization led to the development of significant destabilizing factors, which led to the generation of phenomena and processes that correspond to the concept of neo-feudalism (oligarchic-clan economy).The authors of the article proposed a number of measures aimed at reducing the withdrawal of financial capital outside the country, differentiated taxation of profits from the use of financial and production capital, and reducing the level of the shadow economy in Ukraine. In particular, it is proposed: to introduce progressive taxation of citizens’ incomes that exceed the average level in the state; direct additional financial resources from progressive taxation of enterprises to increase their own production capital; to increase the rate of taxation of profit from financial capital and reduce the rate of taxation of profit from capital invested in the real sector of the economy; to provide enterprises with irrevocable state financial resources for each new job vacancy created, as well as practice investment tax credits, in particular with regard to income tax and VAT; to develop a draft Law of Ukraine on the possibility of creating collective enterprises, the shares of which belong exclusively to each employee of such an enterprise; to ban the activity of financial oligarchic enterprises with their subsequent nationalization, the owners of which left the territory of our country during the period of mobilization in wartime.
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