LEGAL REGULATION OF FINANCIAL INTELLIGENCE OF ENTERPRISES IN THE CONDITIONS OF INCREASING INFLUENCE OF MODERN FACTORS

The purpose of the article is to study the peculiarities and problematic aspects of the legal regulation of financial intelligence of enterprises in the conditions of increasing influence of modern factors. Based on the results of the conducted research, it was established that at the current stage of the functioning of the national legal system, the organizational and legal mechanisms for regulating financial intelligence at the enterprise level are weak and require revision, improvement and strengthening. It was established that when considering financial intelligence at the enterprise level, the main emphasis is placed on its structural component, such as competitive intelligence. The ambiguity and specificity of the legal basis for the regulation of financial intelligence of enterprises have been revealed, the main difference of which is the formation of legal norms in interdependence with the peculiarities of the country's legal system and its affiliation to the Anglo-Saxon or Romano-Germanic legal system. It has been proven that the financial intelligence system functions successfully at such well-known global companies as Procter & Gamble and Motorola. The main problems of the introduction and implementation of intelligence activities at enterprises were identified, most of which are due to the insufficient number and inefficiency of the management of information, labour and technological resources of the economic entity. The main vectors of improving the legal regulation of financial intelligence of enterprises in the conditions of increasing influence of modern factors are proposed, in particular: (1) the urgency and necessity of implementing the legislative regulation of the economic and legal category "financial intelligence of an enterprise" is substantiated; (2) the necessity of enshrining at the legislative level the basic organizational and legal principles of increasing responsibility for committing acts related to the unauthorized receipt, use and transfer of information at the enterprise has been proven

Methods of Assessing the Level of Market Capitalization of Joint-Stock Companies: Economic and Managerial Aspect

Introduction. Effective assessment of the market capitalization of public joint-stock companies is an important strategic aspect that determines the level of corporate governance, competitiveness of manufactured goods or services, investment attractiveness, publicity, and transparency of the company in the stock market. In this regard, there is a need to study the advantages of various methods of market capitalization assessment, which will ensure not only the determination of the effectiveness of the corporate and financial activities of domestic joint-stock companies but also the investment value at the state level, ensuring the strategic necessity of satisfying social needs. Aim and tasks. It consists in researching current methods of assessing the market capitalization of public joint-stock companies and proposing new ones for the purpose of a more comprehensive analysis of the company's activity at the stock market. Results. The peculiarity of legal management and regulation of the market capitalization of Ukrainian public joint-stock companies is determined; the methods of assessing the market capitalization of joint-stock companies and the goals set by the entities that apply it in the evaluation are distinguished, namely: the method of the current market value of a public joint-stock company, the method of the average market value of a joint-stock company and the method of the maximum market capitalization of a joint-stock company. Ensuring the legality of market capitalization assessment, was carried out. A factor method of market capitalization assessment and a comparative method have been developed for the purpose of a more thorough assessment. It consists in presenting the author's approach to assessing the level of market capitalization through the use of comparative and factor approaches, which include not only an assessment of the market position of a joint-stock company at the stock market, but also individual balance indicators at the beginning of various reporting periods, establishing transparency and competitiveness. Conclusions. The proposed research results will be useful for a comprehensive assessment of not only the financial, stock and marketing strategy of a public joint-stock company at the stock market, but to ensure its own competitiveness, liquidity and investment attractiveness, take into account factors affecting the comprehensive business, investment and financial position of a joint-stock company

RESPONSIBILITY FOR BUDGET OFFENSES

Budget Violations are a Significant Component of the Financial-Legal System in Ukraine, Regulating the Budgetary Process and Financial Relations among Its Participants. The article structures important aspects of budgetary violations, their legal responsibilities, and sanctions provided for by the relevant legislation. The Ukrainian system of responsibility in the field of budgetary legal relations encompasses a wide range of subjects and sanctions used to ensure compliance with financial norms and rules. This system is regulated by the current legislation, including the Budget Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Criminal Code of Ukraine. The definition of budget violations is a key aspect of analyzing this topic. A budget violation is the failure of a participant in the budget process to comply with the established procedure regulating the compilation, review, approval, amendment, and execution of the budget or the report on its execution. Participants in these violations include budget managers, recipients of budget funds, and local self-government bodies. Responsibility for such violations covers civil, disciplinary, administrative, and even criminal liability. For violations in the field of budgetary relations, the legislation provides a specific list of influence measures but also allows for the establishment of other sanctions through subordinate acts. Violations such as missing budget statements, improper budget fund allocation, and other forms of non-compliance can trigger the imposition of financial sanctions. An important characteristic is the specificity of budgetary relations, primarily having an imperative character and thereby constructing the structure of administrative responsibility in this area using formal elements of administrative-criminal acts. A comprehensive analysis and regulation of budget violations are essential elements of the stability and development of the state, ensuring compliance with financial norms and the accountability of budget process participants

LEGAL BOUNDARIES OF SOCIAL RELATIONS BETWEEN CIVIL SOCIETY AND JUDICIAL BODIES

The evaluation procedure of the judiciary in the modern conditions of the relationship between civil society and the rule of law occupies a key place because the modern conditions for the formation of such relationships emphasize the struggle for the rule of law and the independence of judges. Within the framework of the study, it was found that the relationship between civil society and the rule of law implements the established system of checks and balances in ensuring the balance of social relations (including the recognition of lawful behavior as a perceived necessity) in general and the protection of individuals from the arbitrariness of authorities in particular. Therefore, in this context, the influential importance of the judiciary is given its ability to fully protect the violated rights of the individual and the interests of the state within the framework of the legal field. At the same time, it is necessary to state that the state and civil society, within the limits of their mutual relations, have certain regulatory and control functions regarding the activities of the judiciary. In such a case, the relationship between the state and civil society within the framework of the evaluation procedure of the judiciary's activity should be interpreted as a system that performs specific functions in order to characterize the presence of interconnected elements with clearly defined forms of relationships. At most, these relationships contain a number of specific elements, among which are the following: subjects of interaction, objects of interaction, mutual relations between subjects, and changes caused by the interaction of subjects. It is substantiated that the key feature of the court within the framework of the relationship between civil society and the rule of law is primarily the independence of the court through the independence of judges. The definition of the concept of "independent judge" is proposed, according to which such a judge is a highly qualified specialist who in his practical activities acts exclusively on the basis of the law, making unbiased legal decisions, relying on the requirements of regulatory legal acts, regardless of possible benefit for himself. In turn, the relationship between civil society and judicial authorities has a direct impact on increasing the efficiency of court work through the establishment of the principle of the rule of law, helping to ensure the independence of judges on the one hand, and increasing the level of legal awareness and legal culture of the population on the other hand

LEGAL REGULATION OF THE MECHANISM OF APPLYING BLOCKCHAIN TECHNOLOGY IN THE MODERN CONDITIONS OF DIGITALIZATION OF THE ECONOMY OF UKRAINE

The purpose of the article is to study the theoretical foundations and practical aspects of legal regulation of the mechanism of applying blockchain technology in the modern conditions of digitalization of the economy of Ukraine. The results of the conducted research give reasons to state that the legal regulation of the mechanism of applying blockchain technology in the modern conditions of digitalization of the economy of Ukraine is too weak and needs to be revised and improved. The article defines the essence of blockchain technology, which is understood as a decentralized database formed by participants and provides conditions for preventing actions related to the falsification of data due to their chronological recording and public confirmation by all participants of the transaction network. On the basis of a detailed study of the outlined issues, significant problematic aspects of the use of blockchain technology at the global, national and regional levels have been identified, the most acute of which at the current stage is the imperfection of the legal mechanism of applying blockchain technology in the modern conditions of digitalization of the economy. The results of empirical studies have proved the dependence of the development of blockchain technology on the level of development of the country and the state of the digitalization process of the national economy. It has been established that the highest share of the use of blockchain technologies in today's conditions is observed in the USA (40%) and Great Britain (17%). In order to solve problematic issues, the main areas of improving the legal regulation of the mechanism of applying blockchain technology in Ukraine are proposed, among which the need for the development and adoption of the Law of Ukraine "On Virtual Assets" is justified, as well as the need for the implementation of international and European law in the field of digitalization and regulation of the development of digital technologies in the national legislation of Ukraine

FINANCIAL AND LEGAL PRINCIPLES OF CRYPTOCURRENCY MARKET REGULATION

The purpose of the article is to study the Ukrainian experience of financial and legal regulation of the cryptocurrency market. During the analysis, the role and significance of cryptocurrencies in the modern world was characterized. Models for countries around the world are built on the basis of the level of adoption of cryptocurrencies in the context of national policy. The meaning and characteristics of cryptocurrencies are revealed. Attention is focused on the problems of forming regulatory and normative needs in Ukrainian legislation. Systematized principles of legal support for taxation of transactions with cryptocurrency and prevention of the use of cryptocurrency for the purpose of legalizing income (money laundering). The trends of threats of cybercriminal content in cryptocurrency transactions are summarized and the main provisions of the government's plan to resolve the situation with cryptocurrency for 2023‒2024 are defined. Ways to improve the legal support of the cryptocurrency industry in Ukraine are outlined. The reasons and significance of the popularization of cryptocurrencies in Ukraine are determined. In particular, it was determined that one of the main elements of financial support for the circulation of cryptocurrencies is the legal framework that regulates the interaction between the participants of the cryptocurrency market. Legislation should define rules and norms of conduct, requirements for security and confidentiality of personal data, liability for violations of rules and other aspects of cryptocurrency circulation. Planned ways of further development of the Ukrainian crypto industry and improvement of its regulatory and legal regulation. It is substantiated that the financial and legal support of cryptocurrency circulation should include mechanisms for the protection of consumer rights, such as mechanisms for insurance, dispute resolution, and conflict resolution between market participants. Such mechanisms can help ensure interaction between market participants, increase the level of trust and ensure market stability

ECONOMIC AND LEGAL REGULATION OF INTERNATIONAL MIGRATION: FINANCIAL AND ECONOMIC COOPERATION OF COUNTRIES UNDER MILITARY FACTORS

The purpose of the article is to analyze the status of international migration and identify the problems of its economic and legal regulation in the context of ensuring financial and economic cooperation of countries in the conditions of increasing the influence of military factors. The results of the study prove that military factors have a dominant impact on the intensification of international migration processes. It is established that international migration is considered to be a complex, unpredictable socio-economic phenomenon that is gaining a global scale, covers a large number of countries, is difficult to regulate at the economic and legal level and periodically intensifies under the influence of factors and dangers of an economic, social, political and military nature. The authors prove a significant increase in the volume of international migration under the influence of the war of russia against Ukraine, which intensified as a result of the mass movement of the Ukrainian population outside the country in order to save their lives and health. The significant problems regarding the economic and legal regulation of international migration in the context of ensuring financial and economic cooperation of countries in the conditions of the increasing influence of military factors are identified, which are manifested in the inconsistency of international law with the provisions of national legislation of the countries of the world. It is found that the growth of international migration processes stimulates destructive changes in the international labour market, and causes an increase in unemployment and a decrease in employment rates at the national level. In the article proposes to review the existing mechanisms of legal regulation of international migration and protection of the rights of migrants outside Ukraine, and formulate an international strategy for harmonizing migration policies of different countries of the world

ECONOMIC AND LEGAL ASPECTS OF PROVIDING INNOVATIVE DEVELOPMENT OF THE ECONOMY IN THE CONDITIONS OF INCREASED INFLUENCE OF FACTORS OF A MILITARY NATURE: THE EXPERIENCE OF UKRAINE AND THE COUNTRIES OF CENTRAL AND EASTERN EUROPE

The purpose of the article is to analyze the state of innovative development of the economy of Ukraine and the countries of Central and Eastern Europe and to identify the problems of its provision in the conditions of martial law. The results of the study prove that factors of a military nature have an ambiguous effect on stimulating the innovative development of the country's economy. It has been established that economic evolution through innovation is a prerequisite for strengthening its competitiveness in countering modern challenges and threats. The results of the empirical study made it possible to find out that during the large-scale aggression of Russia on the territory of Ukraine in 2022, a decrease in the level of innovative economic development was also observed in the countries of Central and Eastern Europe. It was established that in 2023, the countries of the analyzed group managed to increase the indicators of innovative activity of business entities and the parameters of the innovative development of the economy. Important problems in ensuring economic progress through innovative activity have been identified: (1) shortcomings of the legislation regulating the innovation sphere; (2) lack of formation of a unified innovation infrastructure; (3) significant tax burden; (4) lack of an effective system of taxation and provision of tax benefits and preferences; (5) lack of effective investment mechanisms in the field of innovation; (6) low level of technological capacity of production facilities; (7) imperfection of the education system; (8) low level of financing of research activities; (9) focus on the export of raw materials and dependence on high-tech imports. In order to ensure sustainable innovative development of the country's economy, it is necessary to create appropriate conditions for the development of innovative potential, activate the creation of cross-border innovation clusters, and strengthen the country's investment attractiveness

ECONOMIC AND LEGAL ANALYSIS OF SOCIO-ECONOMIC FACTORS OF THE EMERGENCE OF THREATS TO THE SYSTEM OF COUNTERACTING MONEY LAUNDERING AND TERRORISM FINANCING IN UKRAINE

The purpose of the article is to study the theoretical and applied principles of the economic and legal analysis of socio-economic factors of the emergence of threats to the system of counteracting money laundering and terrorism financing in Ukraine. The results of the conducted research allow us to assert that socio-economic factors have a significant destabilizing effect on the system of counteracting money laundering and terrorism financing in Ukraine and provoke the intensification of the processes of the emergence of threats. The article analyzes the main approaches to determining the socio-economic factors of threats to the system of counteracting money laundering and terrorism financing in Ukraine, systematizes their list and singles out the most important ones. On the basis of a detailed study, an economic and legal analysis of socio-economic factors of the emergence of threats to the system of counteracting money laundering and terrorism financing and their legislative regulation was carried out. It was established that among the most significant socio-economic factors of the emergence of threats to the system of counteracting money laundering and terrorism financing in Ukraine are: (1) the growth of the shadow economy; (2) the deepening of corruption; (3) growth of the state budget deficit; (4) an increase in the number of crimes related to the legalization (laundering) of criminally obtained funds. The weakness of the current domestic legislation in terms of establishing responsibility for crimes containing signs of money laundering and terrorism financing was revealed, which requires its improvement in the direction of strengthening such responsibility. A list of measures of economic and legal regulation of socio-economic factors of the emergence of threats to the system of counteracting money laundering and terrorism financing in Ukraine is proposed, most of which are in the area of harmonizing the current legislation of Ukraine with international and European norms, improving the supervisory activities of state regulators and the methodological tools of financial monitoring

EVOLUTION OF FUNCTIONS OF THE NATIONAL BANK OF UKRAINE: ECONOMIC AND LEGAL STUDY

The article is devoted to the analysis of the evolution of the functions of the National Bank of Ukraine for the period 1991-2023. The author's definition of the functions of the National Bank of Ukraine as its main directions and types of activities aimed at ensuring the stability of the monetary unit, protecting the rights and interests of the National Bank and the rights of consumers of financial services, etc. It was established that the scope of functions of the National Bank of Ukraine includes: establishment, security, foreign policy, foreign economic, human rights protection, anti-corruption, programmatic, law-making, control, and personnel. It has been proven that the functions of the National Bank of Ukraine are not exhaustive. The research methodology is formed within the framework of the use of economic and legal approaches. It is appropriate to analyze the base scenario of the macroeconomic forecast of the National Bank of Ukraine based on assumptions regarding further weighted monetary and fiscal policy and a wide range of economic and financial data used by the National Bank of Ukraine in the development of its monetary policy and control over its implementation. It is substantiated that when classifying the functions of the National Bank of Ukraine according to the criterion of the direction of its activities, it is necessary to take into account the dual nature of the National Bank of Ukraine: it is at the same time the central bank of Ukraine and a special central body of state administration. The factors that influenced the assignment of new functions to the National Bank of Ukraine and the exclusion of previously existing ones were determined. It is proved that during 1991-2023 the functions of the National Bank of Ukraine were expanded based on the principle of "prerogatives" and "inalienable rights"