Kovalchuk A. Financial Law of Ukraine in Market: Problems of Formation, Development and Application

Financial Law of Ukraine in Market: Problems of Formation, Development and Application Thesis for a Doctorate in Law with the speciality 12.00.07 - Administrative Law and Process; Financial Law; Informational Law. - Legislation Institute of the Verkhovna Rada of Ukraine. - Kyiv, 2009. In the thesis the author has carried out a systematic periodization for the process of forming basic principles of the financial law in the prerevolutionary, Soviet and market periods. There has conceptually been grounded the market doctrine concerning formation, development and application fields of the financial law in Ukraine. The author suggests his own definition of a market (detailed) model of the financial law in Ukraine. There has been shown a deep insight into the object of the financial law in Ukraine that represents relations concerning a wide-ranging reproduction, namely formation, accumulation, distribution and usage, of the state financial resources and the public financial capital for the benefit of the progressive development of the national economy. In this paper the market principles of the financial law have been analyzed. The author has substantiated a legal regime ("a legal matrix") of financial relationship ordering under present-day conditions and has also defined a place and role of legal facts and legal constructions in the infrastructure of the financial and legal regulation. The project of important changes and additions to the Law on the National Bank of Ukraine has been developed and the scope of financial services and prospects of its financial and legal regulation have been studied in the thesis. The urgent necessity of the legislative support for the state regulation of the stock market and derivative financial instruments, the market of the fictitious and speculative capital and the market of gambling games has been substantiated in the research. There has also been proposed a chain of theoretical general conclusions, summaries, recommendations and measures that can provide efficiency of the financial law in the system and, in such a way, can give the national economy a way out the crisis. Key words: financial law, financial legislation, object of financial law, financial and legal relationships, financial and legal personality, financial and legal constructions, financial and legal regime, financial and legal institution, financial and legal system.