Myrhorod-Karpova V. Administrative and legal mechanism for ensuring control over international finance in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000062

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

24-12-2018

Specialized Academic Board

К 55.051.07

Sumy State University

Essay

Dissertation is devoted to the analysis of the administrative-legal mechanism of ensuring control over international finances in Ukraine. The historical and legal foundations of the development of the financial system of Ukraine are investigated in the work. The concept, features and structure of the financial system of Ukraine are found out. The legal nature of international finance as a component of the financial system of the state is determined in the work. The administrative-legal mechanism of attraction and use of international finance in Ukraine is determined. The legal mechanism of international financial control in Ukraine is outlined in the work. The peculiarities of introduction and realization of urgent control measures on international finances in Ukraine are revealed. The foreign experience of organizing control functions of the state in international finance is studied in the work. The ways of introduction of international experience and optimization of the administrative-legal mechanism of control in Ukraine are determined. The article argues the necessity of adopting such legal acts as: The Law of Ukraine “On International Financial Aid”, the Law of Ukraine “On the National Bureau of Involvement of International Financial Aid of Ukraine”, the Law of Ukraine “On the National Bureau of Financial Security of Ukraine”, the Strategy for the Involvement, Use and Control of International Assistance in Ukraine. The necessity of amendments to the Criminal Code of Ukraine was substantiated by its addition to Article 210-1 of the Criminal Code of Ukraine “Misplaced and ineffective use of funds received as international financial assistance”, the Code of Ukraine on Administrative Offenses – Article 166-26 of the Code of Administrative Offenses “Violation of legislation on control over international financial assistance”, and to Article 7 of the Law of Ukraine “On the Accounting Chamber”, in terms of expanding the authority to audit the effectiveness of the use of the international financial assistance. It is proposed to introduce a new administrative and legal mechanism of public administration in the field of attracting, using and controlling international finances by creating the appropriate bodies and differentiating their powers in this area. It is proposed to include in the structure of the management subjects of the attraction and control of international financial assistance system: the National Bureau of Involvement of International Financial Aid (sphere of attraction of international finance); State Service for Financial Monitoring (sphere of the use of international finance); National Bureau of Financial Security of Ukraine (sphere of control over efficient and purposeful use of international finance). Key words: financial system, international finance, international financial relations, financial control, international financial control, international financial assistance, international treaties

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