Popova A. The Legal Status of the Professional Participants of the Securities Market in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U001347

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

06-04-2006

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis represents an independent complete study providing a complex analysis of the legal standing of the professional securities market participants (PSMPs) in Ukraine. The study defines the notion and principal attributes of the PSMPs, offers their classification, and establishes the essence, principles and forms of the state regulation of the professional activity at the securities market. Special consideration is given to the analysis of the features characteristic for the establishment and termination the PSMPs, management and licensing of their activities. The study contains a systematized investigation of the PSMPs' duties, being grouped as follows: the duties established in the license terms for the professional market activity; the duties assigned to the PSMPs with regard to their role as the primary financial monitoring entities, and the duties attributable to the specific type of the professional market activity. The study also classifies the offences against the legislation governing the PSMPs into: (a) violation of the securities market regulations; (b) violation of the license terms; (c) violation of the anti-money laundering legislation, and (d) violation of the rules of the self-regulating organizations; for each category of offence, an analysis of the liability measures is provided. Close attention is paid to the obligations deriving from the commercial contracts entered into by the PSMPs. In particular, the author offers the definition of the contract on rendering services to a mutual investment fund or a pension fund, and the contract on keeping the register of securities' owners as commercial contracts.

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