The article outlines the logical legal and regulatory sequence of building a highly civilized, highly developed and democratic Ukrainian state that will maximally facilitate the implementation of natural inviolable freedoms, rights, security and supreme power of a Ukrainian citizen and his social duties, rights and responsibilities in the family, community , nation and state. After all, Ukraine is shocked by populist speeches of immoral and illiterate government officials of different levels, their pseudoreforms, pseudo-decentralization and other chaotic actions lead the state to collapse, and people are lowering them to even greater poverty. The people are completely deprived of their property and state control. Prosecutors, judges, police, the SBU and other governing bodies of the state are not controlled by the people. The state's control went into the hands of criminal-oligarchic clans, which loose it uncontrollably and cynically. It should be noted that the management of a civilized state is the most complicated process in the world, which is tens of thousands of times more complex than the most complex computer and space technologies. Therefore, the management of the state categorically can not allow people with immoral reputation and without deep theoretical knowledge and practical skills in management science, micro-and macroeconomics, finance and freedoms and human rights. To build a Ukrainian state that will serve exclusively a man of honest work, he will constantly increase the welfare of his life and the power of the state and make it impossible for anyone to parasitize, and in any way, for another's account, one should link in one harmonious and dynamic whole such state-building mechanisms: socially-economic justice; the selection and appointment by the people of government personnel at all levels and control over their work; development of industrial production, entrepreneurship, agro-industrial complex and farming; wholesale and retail trade; communications and engineering; efficient use of all natural resources, recycled materials and private and public property; social infrastructure of settlements; foreign economic activity and investments; development of science and innovation; prophylactic, diagnostic and medical care of the population; the protection of freedoms, rights, security, the supreme power of man and the clear and unconditional compliance of all citizens and officials with the laws in force; internal and external security of citizens, communities of settlements and the state; operational and statistical control over the implementation of strategic and current programs for the development of settlements and the state, their diagnosis and improvement of management, systematic and comprehensive explanatory and educational work in Ukraine and abroad, as well as the formation of a highly civilized worldview of Ukrainians and their unification into a single monolithic highly professional and active National Community and state-building force.
Dyntu V. A. The roots of cryptocurrencies / V. A. Dyntu // Правові та інституційні механізми забезпечення розвитку України в умовах європейської інтеграції : матеріали Міжнародної науково-практичної конференції (м. Одеса, 18 травня 2018 р.) У 2-х т. Т. 2 / відп. ред. Г.О. Ульянова. – Одеса : Видавничий дім «Гельветика», 2018. – С. 388-392.
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Ukrainian Legal and Forensic Studies
Legal Studies and Reforms
Legal, Health, Environmental and COVID-19 Challenges
This article concerns the correlation between criminal law and procedure and the technical, technological and civilisation progress in the form of possibility to stand bail in Bitcoin virtual currency (cryptocurrency) in the criminal procedure. The article, firstly, presents introductory remarks to provide information about the analysed subject. Secondly, there is an outline of the essence and mechanism of applying bail in criminal procedure. Thirdly, the process transformation of money as an element of assets is presented. Fourthly, the article presents a categorisation of digital money and an economic qualification of Bitcoin. The above provides a background for argumentation relating to the legal qualification of Bitcoin as money and presentation of the basic threats connected with this cryptocurrency. The article ends with a brief summary containing the authors’ view on the subject of these reflections and a proposal of the desired legal amendments, addressed to the Polish legislator.
The aim of the article is to study the theoretical and legal possibilities of using cryptocurrency in purchase and sale contracts, to determine the specificities of such a phenomenon as cryptocurrency (Bitcoin) from the perspective of jurisprudence, and to draw attention of legal scholars primarily to possible further scientific researches on the introduction of this phenomenon in the modern civilian legislation of Ukraine. The subject of the study is the specificities of using cryptocurrency in contracts of purchase and sale. Methodology. The research is based on an analysis of legal acts on the legal regulation of cryptocurrency in Ukraine. By means of the comparative legal method of investigation of certain provisions of Ukrainian legislation, the possibilities and limits of the use of cryptocurrency in contractual relations, in particular, contracts of purchase and sale are determined. The results of the study revealed that the cryptocurrency regime in Ukraine and in many countries is in a legal vacuum. Such a conclusion is based on the lack of clear legal clarification and consolidation of the concept and types of cryptocurrency in the relevant rules of the tax, banking, civil, and commercial law. In case of eliminating this gap, it is advisable to review the state policy on Bitcoin and its analogues. Practical implications. It is necessary and appropriate to introduce a corresponding license for cryptocurrency activities that can minimize the laundering of proceeds from crime or terrorism financing. It is suggested that eventually the relations concerning the digital currency will be regulated in Ukraine, but most likely, it will copy the experience of another state, which may have negative consequences. Relevance/originality. Analysis of a possible use of cryptocurrency in contracts of purchase and sale can become the basis for the development of the most promising directions of domestic civil law in contractual relations.
The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field. Correlation/Authenticity. Comparative and legal research of legal regulation of the sphere of crypto currency gives us a better understanding of the most promising directions of development of administrative, criminal, and civil liability in this field.