Polishchuk R. Financial and legal regulation of restoring the solvency of insurers or declaring them bankrupt.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100805

Applicant for

Specialization

  • 081 - Право. Право

17-02-2022

Specialized Academic Board

ДФ 26.001.326

Taras Shevchenko National University of Kyiv

Essay

In the dissertation the author investigates the main problems of financial and legal regulation of restoring the solvency of insurers or declaring them bankrupt. Insurance activity as an object of regulation of the legislation of Ukraine on insurance activity is studied. It is established that the concept of "insurance" is much broader than the concept of "insurance activity", because in contrast to insurance activity covers all components of insurance relations. In turn, insurance activity as part of insurance is a mechanism for implementing insurance. It is substantiated that during the implementation of insurance activities there are not only civil law relations, but also relations of public law nature. The method of public law regulation in insurance activity is defined, which provides for the possibility to use different ways of behavior, including those that have signs of dispositiveness, and to choose between several lines of conduct established by the subject of power, rather than independently determine such behavior. Emphasis is placed on the fact that the subject of financial and legal regulation of insurers and their solvency is the relationship between government entities and individuals in the insurance market, which is based on the imperative method (obligations, prohibitions, coercion and permission) in order to create a sufficient level (volume) of insurance funds to protect the property interests of individuals and legal entities.

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