Comparative Law Method Research Articles

Grounds for legal liability in the pharmaceutical sector of the healthcare sector

The aim. To find out the content and essence of the legal liability grounds, to determine the main features of each element. Materials and methods. Synthesis, analysis and comparative law methods were used in the course of the study. Results. The grounds for legal liability in the pharmaceutical field are: 1) the fact of committing an act, defined as an offence by the relevant legislation, i.e. the factual basis; 2) the existence of a legal rule that prohibits such behavior and establishes appropriate sanctions, i.e. the regulatory basis; 3) lack of grounds for release from liability; 4) the existence of a law enforcement act, a written decision of the competent authority in which the person is found guilty and assigned the type and measure of punishment, i.e. the procedural basis. The analysis of the relevant regulatory framework shows some inconsistencies in the legislation governing the pharmaceutical sector in the context of legal liability. Thus, the cited articles of Fundamentals and the Law of Ukraine “On Medicinal Products” presume different types of legal liability for violations of the sectoral legislation. The fact is that Article 80 of the Fundamentals does not presume disciplinary liability, which, in our opinion, may have quite unpleasant precedents. In order to increase the effectiveness of the legal liability mechanism, we consider it appropriate to amend Article 80 of the Fundamentals. Conclusions. The grounds for legal responsibility in the pharmaceutical sphere correspond to the generally accepted approaches to their classification, and also have branch-specific features. In order to bring a violator of pharmaceutical legislation to justice, it is necessary to have several elements and only their combination determines the legal responsibility in the pharmaceutical field as possible and appropriate.

Human rights in the context of gender and juvenile policy in different legal systems

The study aims to identify the features of gender and juvenile policy in different legal systems and the formation of women's and children's rights. At present, equal rights are one of the main tasks of the modern social and legal state, as equality of rights and non-discrimination have been proclaimed by many constitutions and enshrined at the international level. The implementation of an effective gender and juvenile policy will increase the state's reputation in the international arena and ensure a high degree of trust in the government. Given the differences in the development of this aspect of countries from different legal systems, the analysis of the specifics of ensuring rights within gender and juvenile policy will further improve existing ways of regulating gender and juvenile relations by borrowing the main promising ideas and provisions underlying public policy. To conduct a research the authors used different scientific methods. Among these methods are the analysis and synthesis, the formal-legal and the comparative law method. The result of this work is to identify specific features characteristic of gender and juvenile policy of different legal systems, determine the importance of human rights and non-discrimination, offer effective ways to improve the implementation of gender and juvenile policy on the example of progressive states.

Очевидное и не очевидное в свидетельском иммунитете (опыт сравнительно-правового анализа)

Introduction: witness immunity – that is, the right of certain categories of persons to give testimony about some of the known circumstances, is a penal institution, objectively associated with the whole complex of problems of the criminal justice system – its participants, the proof in criminal cases, the right to protection and qualified legal assistance, etc. The historical and comparative legal analysis of the legislative consolidation of witness immunity opens up new opportunities for the study of this whole complex of theoretical and practical problems. The aim is to determine the best ways to improve its legal definition and implementation practice based on the analysis of different legislative formulations on witness immunity. The main research methods are the methods of comparative law, historicism and system-structural analysis. Results: the trends in the development of the legal definition of witness immunity in the domestic legislation, the similarities and differences in the solution of similar issues in the legislation of the Federal Republic of Germany, the relationship of both with the socio-economic and political processes in both states are revealed. Conclusions: 1) witness immunity as a social and legal institution is a reflection of the global processes of development of society, the state and the national legal system; 2) the comparative legal analysis of the legislative definition of witness immunity in different states allows us to identify the best ways to solve many criminal procedural and other legal problems.

Стандарты доказанности как основания различий в регулировании сходных институтов уголовного, гражданского, арбитражного и административного процесса

Introduction: the division of all procedural institutions into universal, similar and unique ones requires the identification of the factors that determine the branch uniqueness. The purpose of the work is to determine the validity of inter-branch differences in the regulation of the institutions of criminal, civil, arbitration and administrative processes, depending on their own standards of proof. The determinant method of the research was the method of comparative law. A comparison was made of typical situations of proving related offenses under consideration of the criminal and civil or arbitration or administrative procedure. The research also uses the methods of historicism, system-structural analysis and synthesis. Results: the correlation of “standards of proving” and “standards of proof” is determined on the basis of the scientific literature and judicial practice. Through the example of the criminal and civil (arbitration, administrative) cases with similar subjects of proving (the cases of tax crimes and offenses, transport crimes and offenses, fraud and non-repayment of loans, smuggling and non-compliance with the ban on the import and export of goods), different industry requirements are established for the level of verification of the conclusions about the presence or absence of any facts. The cases of the legislative definition of standards of proof for certain legal situations are revealed. Conclusions: serious differences in the levels of proof required by law and judicial practice in different types of legal proceedings dictate the uniqueness of the regulation of a number of procedural institutions in their branch implementation. The sphere of influence of the standards of proof on the branch statutory regulation is not limited by law of evidence.

Основы определения стоимости арендной платы государственной недвижимости Российской Федерации

Introduction: the paper discusses the study of the basic principles and methods of determining rental rates for the use of land owned by the state and municipal authorities. Despite the increasing trend of the privatization of state-owned land, its significant proportion is still under the state ownership. In this regard, a significant share of court proceedings in the Arbitration courts falls precisely on those disputes that relate to the determination of the procedure for establishing the rent of state-owned real estate in Russia. In this regard, the author set the goal – to study the problem of establishing the amount of the rent for the land held by tenants for housing after bringing into force Resolution of the Government of the Russian Government No. 582 of July 16, 2009 “On the basic principles of determining the rent for leases of land plots in the state or municipal ownership, and on the Rules for determining the amount of rent and the order of the conditions and terms of payment of rent for land in the ownership of the Russian Federation” (hereinafter – “Resolution No. 582”). Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main one is the comparative law method, as well as the methods of systematization and analysis. Results: the author’s position grounded in the work is based on the analysis of the legislation and the opinions of the scientists expressed in the competent scientific community on the issue of establishing the basic rates for renting the state real estate. Conclusions: as a result of the study, the main principles of determining the rates for renting the state-owned real estate, as well as the procedure for determining them, were analyzed. It was established that the amount of rent for land plots that were provided to tenants for housing construction after the entry into force of Resolution No. 582 should not exceed 2 % of the cadastral value of such real estate.

Правовое регулирование оборота недвижимого имущества в условиях цифровизации российской экономики

Introduction: the formation and development of the real estate market as a specific sphere of market relations is one of the basic vectors of the creation in the Russian Federation of an economic system based on the prevalence of private property and market mechanisms of self-regulation, functioning and formation of the economy. The rapid development of digital technologies leads to the transformation of the entire system of public relations, including the sphere of real estate transactions. Purpose: to study the peculiarities of concluding transactions, whose object is real estate, in the context of informatization of civil turnover, as well as to develop and justify the theoretical and practical conclusions and proposals for improving the relevant legal regulation. Methods: the methodological framework for the study is based on the methods of scientific cognition, among which the main ones are the methods of consistency, analysis and comparative law. Results: the author analyzes the results of the reform of the current civil legislation and innovations in the field of the legal regulation of real estate transactions in the context of digitalization and informatization of the state and society, considers the main theoretical and practical problems of the legal regulation of the implementation and organization of such transactions using digital technologies, and also formulated specific proposals for improving the current legislation in this area. Conclusions: the innovations in the legal regulation of real estate in the context of the fourth industrial revolution contain a number of positive aspects, but it is advisable to constantly identify and develop the ways to eliminate the gaps, both in the legal regulation and in the theoretical and legal understanding of the transformation of public relations in the field of real estate transactions in the context of Industry 4.0. It is revealed that when making a transaction completely in electronic form, neither the registration authority nor the notary will be able to determine the real, desired intentions of the transaction participant, who may be under duress, or does not understand the meaning of his actions, or is misled, which may later become the basis for invalidating the transaction. In this regard, the additional mechanisms for authenticating applicants when receiving electronic public services are needed.

Система оснований освобождения лица от правовых последствий совершения преступления

Introduction: the grounds for exemption from criminal responsibility, punishment, and the recognition the act that has caused harm to the object of criminal law protection as non-criminal, are essential for a fair legal assessment of a person’s behaviour. In this connection, the author of the paper aims to study the grounds for not applying the legal consequences of a crime (act) to a person. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and comparative law. Results: the author’s position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of why certain grounds are combined by the legislator into separate chapters and are endowed with common features, and other grounds belong to different grounds for the release of a person. With the help of the legal analysis of the provisions of the theory of law, the differentiation of the characteristic features of the grounds for not bringing a person to criminal responsibility is carried out. The questions of the legal regulation of not only various types of grounds for the release of a person, but also the legal consequences of committing a crime are raised. The concept of circumstances precluding criminal liability in connection with the voluntary refusal to commit a crime is formulated. Conclusions: the study establishes that a person may be exempted from criminal liability, in connection with the absence of the constituent elements of offence (insanity, infliction by innocence) in his act, and the grounds that are not associated with crime, such as regulated by Chapter 11 of the Criminal Code. However, the circumstances that preclude the criminality of the act, voluntary refusal, as well as the insignificance of the act are not directly enshrined in the Code as the grounds for exempting from criminal liability due to the absence of corpus delicti, however, the text of the articles of the Code states that the act is not a crime.

THE ROLE OF LEGAL FACTS AS PREREQUISITES FOR THE ORIGIN, EXISTENCE AND TERMINATION OF CRIMINAL LEGAL RELATIONS

Objective: to clarify the role of legal facts as a prerequisite for the emergence, existence and termination of criminal relations. Research methods: the research was conducted using general scientific methods, such as dialectical analysis and synthesis, abstraction, deduction and induction, and special methods, such as formal law, interpretation of law, comparative law method and others. The empirical basis was the legal acts of Ukraine, scientific works related to this issue. Results: the article clarifies what is the basis (legal fact) that gives rise to criminal law relations. It is determined that the very publication of the criminal law is the same legal fact that gives rise to such relations. It is established that the main features of legal facts are that legal facts: a) are different life circumstances and conditions; b) are defined in the rules of law, more precisely in their hypotheses; c) serve as an indispensable condition for the emergence, change or termination of legal relations; d) entail subjective rights and legal obligations of the parties to the legal relationship; e) are provided by state coercion. It is alleged that the criminal relationship arises in connection with a legal fact - the commission of a criminal offense. It is proved that the normative certainty of legal facts presupposes their establishment in the content of legal norms. Hence, only those life circumstances that are included in the content of the rule of law as an element of the mechanism of legal regulation become important. It is due to this feature that such specific life circumstances are able to influence the solution of a specific social situation and entail certain legal consequences for the participants of criminal-legal social relations. Discussion: study of the role of legal facts as a prerequisite for the emergence, existence and termination of criminal relations.

Claims for damage to a public-law entity within the implementation of internal State (municipal) financial control: Theory and practice

Subject. The article analyzes legal mechanisms provided for by the current legislation to implement the measures of financial control bodies in case of revealing damages caused to a public-law entity. Objectives. The purpose is to identify problems to compensate for damage a public-law entity at the stage of implementing the results of control activity, and to find solutions. The solutions will enable to unify the activities of State (municipal) financial bodies, which will increase the effectiveness of the control. Methods. The study employes general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logical and comparative law methods. Results. In the practice of financial control bodies, there are different approaches to determine damages to public-law entities. The same financial violations are treated by different financial control authorities through different legal mechanisms. The lack of common terminology and methodology is a problem that affects the performance of control bodies. Conclusions. It is necessary to classify financial violations from the point of view of their qualification and economic impact. The concept of damage should be disclosed in laws and regulations of the Ministry of Finance of the Russian Federation, or directly in the Budget Code of the Russian Federation, and formalized in methodological recommendations for calculating the amount of damage caused to public-law entities.

Transitioning to a low carbon society through energy communities: Lessons learned from Brazil and Italy

New legal arrangements for the aggregation of distributed generation and demand are required for the future electricity grid so as to increase flexibility, resilience, citizens’ participation and also alleviate energy poverty. To promote the transitioning to a low carbon society, countries are reforming their legal framework to enable broad civic engagement in the energy markets. This work analyses the process of reform of the legal framework of the electric sector with focus on energy communities, using two study cases, one in Brazil and another in Italy. The research performed is applied, qualitative, descriptive and exploratory. The work uses multiple research methods, blending case studies, semi-structured interviews and a systematic literature review for data collection and the functional method of comparative law, discourse analysis and triangulation for data analysis. The findings suggest greater consideration of the energy poverty nexus in the policy design of the electricity sector and they also reveal the important role of specialized technical bodies and governmental institutions for the take-off and success of an energy community endeavour, highlighting crucial aspects for an energy transition aligned with the Paris Agreement and the goals of Agenda 2030.

Transparency and Evaluation of Transparency in the Adjudication and Exercise of the Judicial Power of the Court in Vietnam

Recent studies have shown that alongside the implementation of transparency, the evaluation of transparency in the adjudication and exercise of the judicial power of the court is an objective requirement for a rule-of-law country. However, each form of organization of judicial power and each design of the court system have a different approach to the evaluation of the transparency in the adjudication and exercise of the judicial power. Therefore, aside from the common ground that is acknowledging the importance of the evaluation of transparency in the adjudication and exercise of the judicial power, the purpose, mechanism, method, and criteria for evaluation vary in accordance to each country, each historical period. The judicial reform in Vietnam requires for evaluation of transparency in the adjudication and exercise of the judicial power of the court. Initial steps have been made to perform evaluation to a certain extent, however this has proven insufficient for the goal to “build a clean, strong, just, democratic, and step-by-step modernized judicial system to serve the people, to serve the Socialist Republic of Vietnam”. For this reason, this paper aims to clarify the theoretical and practical foundation of transparency and evaluation of transparency in the adjudication and exercise of the judicial power in Vietnam under the human rights-based approach, the dialectical materialism approach, and scientific research methods, among which the comparative law method is emphasized.

Administrative-Legal Support of Business Entities: New Quarantine Realities

The Covid-19 coronavirus pandemic has affected the world. The government is stepping up quarantine measures in its countries for the second time. Strict quarantine is beginning to be introduced in more and more countries around the world. Quarantine restrictions significantly affect businesses and limit their rights. In this regard, the issue of protection of business rights remains relevant. The purpose of the article is to study the administrative features of protection of the rights of economic entities in quarantine. The subject of the study is the social relations that arise in the protection of business in quarantine conditions. The research methodology consists of the dialectical method, historical method, system method, modeling, and abstraction methods, as well as induction, deduction, analysis, synthesis, and comparative law methods as a special research method. The authors concluded that the state took decisive measures to ensure the rights of economic entities, by the significantly reflected on guarantees for entrepreneurs and in general, in particular, their ability to operate, which significantly affects the economies of countries.

Comparative Study on The Contribution Payment System in BPJS With A Tax System-Based Regulation In NHS

The purpose of this paper is to examine the efficiencies of United Kingdom life insurance, which is regulated in the NHS with a tax-based funding system. The effectiveness of the Health Insurance System, will provide better health services for the people. Currently, there are still many complaints in the BPJS service system, such as late payments for hospitals and salaries for medical personnel. This study will use the comparative law method, by comparing the BPJS system in Indonesia with the NHS health insurance system in the UK. BPJS uses a monthly fee funding system, the amount of payment are depends on the types of class that BPJS participants has taken. Whereas the NHS only uses a tax-based funding system, where the use of this system can effectively meet all health service needs maximally. Based on the results of research on OECD countries, it is revealed that the tax-based social health insurance program tends to be more progressive and fair. Based on this comparative study, it is important for Indonesia to improve its health insurance system arrangements in order to adapt the tax-based funding system.

Civil Liability Institution in Ukraine through the Lens of Reform and European Integration Processes

Abstract Modern aspirations of Ukraine for European integration, the impact of globalization, and innovative technologies are the driving force on the path of reforming the national legal system. In this regard, issues concerning the modernization of the civil liability have recently become of significant importance. This article is aimed at analysing modernization of Ukrainian civil liability and forecasting tendencies of further reform of the civil liability institution in Ukraine. The methodological basis of the article includes the comparative law method, normative-dogmatic method, method of terminological analysis, method of operationalization of concepts, classification method, methods of analysis and synthesis, statistical method, legal modelling method, and complex method. In the course of the research-leading scientific and legal approaches to civil liability were analysed, and the most typical approaches were unified. A conditional list of the leading directions of modernization of legal regulation of the civil liability institution is proposed. The relevance of the subject matter is amplified by the fact that at present the scope of the most important and reforming issues of civil liability is expanding and remains either understudied or entirely disregarded by the representatives of academia and legislators.

Criminal Liability for Financial Market Crimes under the Singapore Legislation

The functioning of developed financial markets is an integral feature of a country with a market economy, in which it is understood primarily as an infrastructure element of state policy, which, with proper management, ensures a qualitative increase in the standard of living of citizens. Therefore, the issues of criminal legal assessment of encroachments on relations in the sphere of financial markets have recently become particularly relevant both abroad and in Russia. In Singapore law, the legal provisions on criminal liability for crimes in the field of financial markets are contained in the Criminal code of the Republic of Singapore, in the laws on the prevention of corruption, on securities and futures. The purpose of the study is to analyze Singapore legislation to compare foreign and domestic criminal law norms on crimes in the field of financial markets, as well as to determine the possibilities of using foreign experience in Russian rule-making practice. The methodological basis of the paper is a set of methods of scientific knowledge, among which the main place is occupied by methods of comparative law and system analysis. The author analyzes the similarities and differences between Singapore and Russian financial and criminal legislation and predicts promising directions for the development of the system of relevant domestic criminal law norms. The author suggests the expediency of using the ideas of criminalization and suppression of fraud in the investment sphere, including in cyberspace, theft of personal data and their misuse, as well as other preparatory actions for serious and grave crimes that may be committed in the financial markets.

Cultural and legal significance of the Supreme Court of the United States

The study’s objective is to reflect on the cultural and legal experience of the United States Supreme Court as the oldest body of constitutional justice, with its long legal tradition, which seems essential for states undergoing constitutional law reform. The study used general scientific methods of analogy, classification, typology, systematization, analysis, and others, as well as special scientific methods such as systematic, functional, historical, the study of judicial practice (which included observation and description), the method of comparative law, etc., which allowed to present the views of the authors, and thus to achieve the objective of the study. The results and novelty of the work are to identify the cultural and legal significance of the activities of the highest judicial instance of the United States in the formation of the legal culture of American society. The authors address the genesis of the cultural and legal aspects of the U.S. Supreme Court, which served as the basis for the formation and implementation of constitutional rights and freedoms in the American state.

Гражданско-правовой принцип сотрудничества в доктрине континентального права: распространение за пределы договорных правоотношений

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

Виды уголовно-противоправных деяний

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

Світовий досвід запобігання булінгу

The purpose of this article is to study the theoretical and applied aspects of bullying prevention in foreign countries and on the basis of a comprehensive analysis of foreign experience, to develop proposals for effective measures to prevent bullying in Ukraine. Methodology. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. In the process of research the dialectical method of scientific knowledge of social and legal phenomena in their contradictions, development and changes is used, which allows to objectively assess the level and effectiveness of bullying prevention in Ukraine; formal-logical method, by means of which elements of the legal mechanism of violence prevention are revealed; comparative law method is used in the analysis of current legislation and international regulations. The theoretical basis of the publication were the works of domestic and foreign scientists on aspects of bullying prevention. The scientific novelty of the publication is that it outlines the main measures to prevent bullying in foreign countries. A number of recommendations have been proposed that can be used in precautionary measures for bullying and victim assistance. Conclusions. Given the catastrophic growth of this phenomenon in the country, there is an urgent need for constant updating of guidelines for teachers and psychologists to prevent bullying in schools. On the example of such countries as Sweden, Great Britain, Finland, the United States, Spain, Norway, Canada, Japan, it is necessary to introduce special programs in the field of educational activities, the purpose of which is to educate young people in the spirit of tolerance, democracy and human needs. attitude to their peers and other positive aspects. In tandem with numerous legal mechanisms, such an approach will make it possible to eradicate bullying not only in practice but also in the minds of Ukrainian society. Keywords: bullying; anti-bullying work; victim; aggressor; foreign experience; bullying prevention.

Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.