Buriak I. Financial and legal regulation of local guarantees

The dissertation is a complex legal study, which analyzes theoretical and practical problems of financial and legal regulation of social relations that arise in the field of local guarantees. The concept of local guarantee is disclosed as a legal category and a separate type of financial-legal obligation - a local guarantee obligation. The approaches to the definition of «guarantee» have been studied. It has been established that the guarantee as a transaction is secondary to a loan agreement, in which one party is the lender (the beneficiary), and the other - the principal (the creditor). The range of social relations in the field of local guarantees, which are subject to financial-legal (public-law) regulation, is described. The content of the contract of local guarantee is investigated and the author's concept of "local guarantee" is defined. The legal status and circle of subjects of legal relations in the field of local guarantees are investigated. It was found out that in public relations with the provision of local guarantees, there are three entities: 1) a creditor (beneficiary); 2) the guarantor; 3) borrower (principal). It was established that local guarantees are provided by the decision of the Verkhovna Rada of the Autonomous Republic of Crimea, the regional council and the city council acting on behalf of the guarantors respectively - the Autonomous Republic of Crimea, the community of territorial communities of the region and the territorial community of the city (city territorial community). It was clarified that the Budget Code of Ukraine does not provide for the possibility of granting a local guarantee by the decision of the district council. It is ascertained that the subjects of the municipal sector of the economy act as borrowers in the local guaranty relations, and their types are represented depending on their relationship with the guarantor (subordination), form of ownership and organizational-legal form. The types of local guarantees have been investigated, the criteria for their classification have been determined and the legal principles of granting are differentiated depending on their types. The legal principles of the provision of internal local guarantees for fulfilling the obligations of the entities of the communal sector of the economy on the return of the turning-up financial assistance, as well as internal local guarantees of fulfillment of obligations under sub-loans provided by the state at the expense of funds raised from international financial organizations, are analyzed. Separately, the legal grounds for providing international financial organizations - creditors of external local guarantees to secure the repayment of loans received by entities of the communal sector of the economy.