Purchase Contracts Research Articles

Окремі аспекти укладання договорів міжнародної купівлі-продажу

The article deals with the peculiarities of the conclusion of international goods purchase and sale contracts in current conditions of state development. It is determined that, despite the great need for a documents of this kind in Ukraine, there is still no specific legislative act regulating the issues of obligatory conditions of international purchase and sale contract. On the basis of the analysis of the foreign economic activity volume with the countries of the European Union, the objective necessity for the development of contractual relations among business entities from different countries and their submission to the legal norms and requirements of international and national legislation is proved. The issues of determining the essence of the international goods purchase and sale, its differences from other contractual structures are highlighted. The main sources of legal regulation of cotracts on the international purchase and sale of goods were investigated, which became the basis for the analysis of the essential terms of the international purchase and sale cotract, the scope of use of this cotract, as well as the procedure for its conclusion. Based on the analysis of the stages of concluding international purchase and sale contracts, measures have been developed on the feasibility of regulating at the level of the Civil Code of Ukraine of the provisions related to establishing the requirements for the form of the contract and the evidence to which the parties can refer as confirmation of the fact of its conclusion. In further scientific research it is necessary to concentrate attention on the consideration of the role of international purchase and sale of goods contracts and commercial activity in forming the modern concept of international commercial arbitration.

ABOUT THE NEW CZECH LEGAL REGULATION OF THE CONTRACT FOR WORK

A contract for work is probably the second most widely used type of contract (next to the purchase contract). Therefore its complex legal regulation is very important for the unambiguous definition of the rights and obligations of the parties to the contract. By the contract for work, the contractor undertakes to perform certain work and the employer undertakes to pay the price for its performance. Work as defined by the law manufactures specified products (provided the manufacture does not fall under the notion of a purchase contract), the maintenance, repair or modification of certain items or the result of other activities. Fabrication, repair or modification of buildings or parts thereof shall be always covered by contracts for work.

Real estate documentation and its.importance in Islamic jurisprudence and law

There is no doubt that dealing with people from the sale, purchase, lease and other contracts is necessary and inevitable, and the society does not dispense with them in any way. The wisdom of God necessitated the enactment of these transactions and contracts governing the relations. In the various types of transactions and exchanges, and to ensure that everyone has the right, and documentation is one of the important and necessary means to ensure that; in order to resolve the dispute and conflict that may prevail these relations; God revealed any Koran is the religion which is the longest The Koran where the foundations laid. The documentation is a science in which the Arabs excelled, and increased interest after the emergence of Islam and the spread of writing in the Arabian Peninsula, and the attention of jurists of old and recent and put a lot of rules and foundations and the provisions relating to the provisions of the notary and the writing of the document so that rights holders to know their rights and obligations May be taken by some as a means of repudiation of the obligation of the contract or agreement; because of the nature of human frailty and love of self and injustice and longing to the debris of the world fleeting, as well as certification and mortgage and other means of documentation. The researcher has followed the method of inductive and analytical, through the extrapolation of legal texts and their analysis and knowledge of the provisions related to them, and the study has concluded that the documentation of all kinds of means used to strengthen rights in conflict, and has a significant role in the preservation of rights and maintenance of the arrogance.

A new business model for encouraging the adoption of electric vehicles in the absence of policy support

The developments in electric vehicles (EVs) are driven by the need for cleaner and more efficient road transport. Despite the benefits of electrifying the transport sector, both EVs and internal combustion engine vehicles add to road congestion. Major cities around the world have thus employed vehicle control measures to rein the growth rate of vehicle populations. In the case of Singapore, heavy taxes are levied onto the purchase price of all vehicles registered and sold in the country making it literally the most expensive city to own a car. EVs are also penalized under the taxation scheme implemented in Singapore. The vehicle taxation schemes and the absence of incentive measures for EVs make Singapore the worst-case market environment for EV adoption. Through a dissection of Singapore’s vehicle control measures, a new business model is proposed for promoting the adoption of EVs under Singapore’s market environment. The proposed business model, inspired by telecommunication companies' mobile phone purchase contract aims at reducing the upfront purchase price of EVs via quasi-discount by vehicle dealers without affecting the transport sector tax revenues. Under a contractual arrangement over usage and electricity tariff managed by vehicle dealers, EV buyers effectively pay back the discounted upfront cost over a fixed period of time. Through an examination over a range of repayment periods and their impacts on costs, we find that the repayment period has virtually no impact on the total cost of vehicle ownership. We further contemplate that the same business model can be applicable to all cities in promoting the adoption of EVs without affecting the existing policy infrastructure.

FAKTOR-FAKTOR YANG MEMPENGARUHI KEPUASAN PEMASOK (Supplier) BERAS PADA PERUM BULOG SUB-DIVRE KOTA PAREPARE

This study was motivated by the reduced partners as suppliers in Perum BULOG Sub Regional Division of Parepare City, where there was a decreased number of active partners performing rice procurement contract in 2017. This study aims to describe the procedures procurement rice and knowing the factors that influence the satisfaction rice supplier. This search uses the Qualitative Descriptive method. The study concluded that the procurement procedures performed from suppliers that purchasing partners deposited rice purchases at the head of the Parepare Subdivision, by making sale and purchase contracts with partners. In addition, the partners will send the rice to the designated warehouse under an approved contract. Before receiving rice, warehouse clerk BULOG will check the feasibility of rice according to the standards established by Perum BULOG Parepare Subdivision. Rice according to the standard, received by the head of the warehouse then the payment will be made to the Bank. The factors influencing supplier satisfaction at Perum BULOG are honesty of BULOG employees in the weighing rice, Perum BULOG employees also provide mandatory information, provide information periodically, explains the working procedure and accuracy of the payment time.

MANAGEMENT OF “AKAD MURABAHAH” ON SUBSIDIZED HOUSING FINANCING IN THE BRANCH OFFICE OF “BANK TABUNGAN NEGARA (BTN) SHARIA” IN BATAM

One type of bank product is a mainstay now is the form of offering financing products Ownership Subsidized Housing, And needs of the community, especially the lower middle-class society will be the availability of housing that is habitable is a primary need that can not be rejected again. For that form of mortgage financing for most people is the best solution. However, a problem arises where there has been much disagreement on the principles of sharia. In other words, in the have a “muamalah” activities should use the provisions in force in the field of Islamic law. The provisions of Islamic law governing the movements between the man known as the principles of sharia have an essential role in the economic life of society. The purpose of which is to meet community needs for housing or decent housing. The manifestation of professionalism shown by the Branch Office “muamalah” in Batam achieve it best category award in the realization of Subsidized Housing Nasional. Bank level BTN Sharia also always provide the best service to its customers, which one of them through subsidized homeownership financing in sharia and always follow legislation in force. Based on the analysis and the previous discussion, the following authors put forward some conclusions as follows: a. The need for residential facilities is essential for all Indonesian citizens without feathers . By of view because it is the muamalahtake on this important role as a pioneer of home finance is subsidized. All that aims to provide a sense of justice and improve the welfare of society. b. In the subsidized homeownership financing in Islamic Party muamalahBranch Office of Batam and the recipient of the funding first, make “wakalah” which stated that the client authorizes the bank to build a home purchase subsidy desirable customers. Then in use “wakalah”, and the bank buys the house from the developer. After the purchase of the house and then the banks did purchase contract to the customer at the selling price agreed upon after the added margin (profit) bank. This is what is called a transaction “Murabahah”. Then customers pay the installments corresponding periods in multi separate.Transaksi this contract are allowed by the National Sharia Board fatwa Indonesian Ulema Council with the provisions of Indo- No.10/DSN-MUI /IV/ 2000 on “wakalah”. In the implementation of the financing agreement are carried out by the “muamalah” Branch Office with the recipient Batam financing problems may occur. Problems or problematic were generally occurred because of the faith that is not good from the receiving party financing. Said that because the “muamalah” Branch Office will hold a time Batam financing agreement has been briefed in detail the contents of the contract is communicated to the recipient of financing. The problems that occurred in the implementation of “Murabahah” in subsidized homeownership financing in sharia at the muamalah Branch Office (BTN) Sharia in Batam generally consist of two (2) types, namely: a. Recipients of subsidized home ownership financing by sharia late paying the installments that exceed the agreed time limit. b. Rececier subsidized home ownership financing by sharia are unable to pay the number of episodes as agreed.Keywords: Management, Akad Murabahah, Subsidized Housing, Sharia Bank.

Arm's‐length or give‐and‐take? Gender differences in the relational orientation of new ventures in Sub‐Saharan Africa

Research SummaryWomen entrepreneurs in emerging economies face significant constraints in operating their businesses. Leveraging two samples of new ventures in Nigeria and Ghana, we explore gender differences in the relational orientation of entrepreneurs in their market interactions with customers. We observe that female entrepreneurs are more likely than their male counterparts to apply a relational approach in the receipt of payments for goods and services and in the structure of purchase contracts. These stylized findings are considered against the backdrop of existing literature and offer insight into the ways women entrepreneurs approach transactions with customers, especially in the context of emerging market ventures in Sub‐Saharan Africa. Managerial SummaryWomen entrepreneurs in emerging economies are confronted by significant resource challenges. But women entrepreneurs could also have an advantage in customer relationships. Our study uncovers two types of relational mechanisms that women entrepreneurs in emerging economies utilize in their engagement with customers. First, we find that female entrepreneurs are more likely than their male counterparts to utilize relational payments, in the form of prepayments or post payments from their customers. Second, female entrepreneurs are more likely to utilize relational contracts, in the form of unwitnessed oral purchase contracts with customers. Our study highlights the virtue of incorporating relational mechanisms in policies and practices aimed at fostering female entrepreneurship in emerging economies.

Related Party Transactions in India and Their Impact on Reported Earnings

A review of published financial reports of listed companies in India shows a large presence of related party transactions (RPTs). These transactions can be useful to the company through long-term sales or purchase contracts with these related parties. However, such transactions are often misused by company management to alter and influence reported earnings. This study focuses on the relationship of related party transactions (RPTs) with earnings using a sample of 66 non-financial listed companies, for the period 2009 to 2015. The companies selected are those listed on the Bombay Stock Exchange (BSE) and belong to the BSE 100 index. The study is conducted with two types of listed companies: Group and Non-Group companies. The data on related party transactions for sales, advances, loans to related parties and receivables outstanding has been obtained from the CMIE-Prowess database. The study reviews the impact of sales and loans/advances made to related parties on the earnings reported by the company. It further evaluates the influence of outstanding amounts due from related parties on bad debts/write-offs reported in the following year. Panel data regression is used to test the models. The study confirms that sales made to related parties impact earnings positively for both types of companies, whereas loans and advances to related parties have a mixed impact on earnings depending on the type of the company, Group or non-Group Company. Bad debts reported in the current period, have a positive relationship with amounts due from related parties in the previous period, an indication of diversion of funds. The results show that RPTs are being used extensively by companies for different reasons and there is a need to have regulations to control these transactions and enforce enhanced disclosure requirements. Companies should disclose what percentage of the total transactions related to sales, purchase, loans, and advances are made to related parties and publish them with prior years data. In their financial reports, companies should inform stakeholders if these transactions have increased or decreased in the financial year with explanatory notes.

Information Support for the Land Registration: Directions for Upgrading of Statistical Reporting

Decentralization of power and rapid expansion of local self-governance in Ukraine, gradual extension of property forms and rights for land use determine the need for gradual reformation of the processes involved in land records and respective presentation of data in financial and statistical reports of business entities. The article is devoted to elaboration is issues relating to statistical recording of transactions with land resources. Results of the study show the decreasing number of forms of statistical reports on land resources. A comparative assessment of the forms of statistical and administrative reports for recording quantitative data on lands is made. Use of statistical reports on land resources and administrative reports on quantitative data on lands lays the grounds for monitoring of land use relations in Ukraine. Common and distinctive features of the statistical and administrative reports are found out by the results of the comparative analysis. The pressing issues in collecting statistical data on land market and land relations are outlined: the need in filing the data on the land value depending on land size, land owners and users, purpose of land; the need for filing the data on contracts for land purchase and sale and sale price (except for agricultural lands, due to the existing moratorium on their sales); the filing of data on the rental value of 1 acre of land by location, quality and purpose of land. The need for filing the statistical data on quality status and use of land recourses in business entities’ operation is demonstrated. Recommendations on improving statistical reports on land resources through introducing the annual statistical form “The Report on Land Status and Effectiveness of Land Use” are given. If applied, the proposed report will enable for build the integrated databases on quantity and quality of land resources.

Do Consumers Understand PCP Car Finance? An Experimental Investigation

Personal contract purchase (PCP) plans are innovative and increasingly popular forms of car finance. PCPs are inherently more complex than established financing options. The present study used experimental behavioural science to explore consumers’ comprehension of PCP plans and scope for beneficial interventions. Choice tasks, product rating tasks, and multiple choice comprehension questions were deployed to measure the consistency of decision-making and explicit comprehension of the product. Disclosures and advice were varied across conditions. A representative sample (n = 100) of consumers was initially given information on PCP deals as typically disclosed by car dealers. Results revealed that understanding was poor. One quarter of participants performed below chance on multiple-choice comprehension questions. Participants were prone to inconsistencies and objective mistakes when deciding between and rating offers. Disclosures designed to improve processing of mileage and cost information had ambiguous effects. Consumer advice sheets improved comprehension and reduced mistakes, with advice containing a diagram outperforming advice containing only text. The findings raise consumer protection concerns and support improved advice and stronger regulation.

Analisis Hukum Ekonomi Syariah Terhadap Penerapan Akad Murabahah pada Pembiayaan Pendidikan (Studi Kasus Unit Jasa Keuangan Syariah (UJKS) Annuqayah Guluk-Guluk Sumenep Jawa Timur)

AbstractIn either sharia banking or non-banking institutions, murabahah contract becomes an integral part of other products. Murabahah akad is a contract of sale and purchase of goods between a bank and a customer, which the bank notifies a cost of goods and increase the mutually agreed benefits. While the Educational Murabahah Akad in UJKS Annuqayah refers to the UJKS Annuqayah provides goods that support the learning process of education, such as needs of motorcycles, laptops, books and LCD projectors, and its payments was payed in installments and the UJKS Annuqayah do not add profit.In this study, the problems were as follows: first, what is the meaning of murabahah contract and the types of murabahah contract in the UJKS Annuqayah, second, how is the implementation of murabahah contract on education financing in the UJKS Annuqayah, third how is the review of Islamic economic law against murabahah agreement on education financing in the UJKS Annuqayah. While the purposes of were to understand and to describe akad murabaha on financing education in the UJKS Annuqayah, to understand the application of murabaha education, to understand and to describe the perspective of Islamic economic law towards the application of murabahah akad on education in the UJKS Annuqayah.The method used qualitative descriptive with field research approach, which is the study examined the theories that have been developed in the field of science related to the problems, looked for methods and research techniques both in collecting data and analyzing research that has been used by former researcher. The data was analyzed by using deductive theory. While the key informant was the director of UJKS Annuqayah, and the supporting informants were the head office of UJKS Annuqayah, the head office of women's payment point, the financing section, the payment section and the teller of UJKS Annuqayah.The results showed that the UJKS Annuqayah has 3 murabaha products; the murabahah business, the murabahah basic needs and the murabaha education. In murabahah education financing, the UJKS Annuqayah do not get a profit, but the UJKS gets cashback from deller divided between the UJKS Annuqayah and customer. According to the review of Islamic economic law, it is permissible because it is in accordance with Islamic legal principles based on the Imam Syafi'ie perspective and implemented with the principles of justice, no despotic action, mutual agreement and transparency on management. This is justified by Islam because it is spared of riba and gharar. Keywords : murabahah akad, education financing, UJKS Annuqayah

Regulatory Induced Risk Aversion: Coal Procurement at U.S. Power Plants

This paper provides empirical evidence that U.S. power plants exhibit risk aversion when purchasing coal. Specifically, I show that plants facing more spot coal price uncertainty sign longer duration coal contracts, purchase contract coal from a larger number of origin counties, and pay higher contract coal prices. The trade-off between the mean versus standard deviation of coal purchase costs implied by my results is considerably larger than the Sharpe Ratios typically estimated for commodity futures. I posit that power plants exhibit an especially high degree of risk aversion because regulators are less likely to incorporate high fuel cost realizations into the output price they set for these plants. In 2017, U.S. coal-fired plants emitted 1.2 billion tons of carbon dioxide and 74% of coal-fired electricity production came from price-regulated plants. My results thus underscore the importance of accounting for risk aversion when designing environmental policy aimed at reducing carbon emissions,

Pelibatan Akad Ijarah dalam Praktik Rahn di Bank Syari'ah Perspektif Hukum Ekonomi Syariah

The involvement of lease (ijārah) contract in pawn practice in syari’ah bank resulted in a combination of contract known as multi-‘aqd. Concerning multiple contracts (multi-‘aqd), there are a number of Prophetic traditions, at least three hadiths that are outwardly (textual meaning) indicating a ban on the use of multiple covenants. For example, the hadith about the prohibition of trading and debts (bai’ wa salaf), the prohibition to trade with two contracts (bai’atain fī bai’ah), and two sales and purchase contracts in one transaction (ṣafqatain fī ṣafqah). The contract of lease (ijārah) and the pawn agreement (rahn) are two different types of contract, in which the lease includes the type of sale and purchase agreement, while the pawn includes the type of loan contract. This combination of contracts is a type of multi-contract which is prohibited based on the hadith above. Transactions with this multi-contract form almost exist in all Islamic banking products today. This paper concludes that the law of engagement of lease contracts in pawn practices in Islamic banks is allowed. The Islamic jurisprudence scholars argue that this combination of contracts is compatible with the purpose of sharia (maqāṣid al-sharī’ah), namely the ease in muamalah, lightening in the burden, and provide opportunities for innovation and the relevance of the development of the times and human needs in transactions.

Discretion, Divergence, Paradox: Public and Private Supply Chain Standards on Human Rights

Expectations on businesses to manage supply chain human rights risks are becoming increasingly more detailed, demanding and widespread. In response to new legislation and official guidance, corporations have established human rights policies and detailed performance standards for their suppliers that take legal form via incorporation into purchase contracts. In contrast, public buyers’ supply chain responsibilities for human rights have so far scarcely been addressed, notwithstanding increasing concerns about the human rights impacts of public purchasing. Following the introduction, which demonstrates the paradoxical character of this divergence, this chapter reviews relevant developments in law, policy and practice and considers their future implications. Section 2 analyses the framework of norms applicable to purchasing by public and private actors linked to human rights abuses as understood from the perspective of international human rights law. Section 3 illustrates how, in contrast, public buyers’ discretion to promote the achievement of social objectives has conventionally been construed from the standpoint of EU public procurement law, namely as an exceptional derogation from the logic of competition. Section 4 surveys new supply chain standards, demonstrating a growing discrepancy between conduct expected of corporations and public buyers as regards human rights due diligence. Section 5 concludes.

Countering abuses at the granting of additional measures of state support to families with children: the possibilities of the legislator and law enforcement practice experience

The subject of the article is abuses at the granting of additional measures of state support to families with children and measures of its prevention The purpose of the article is to analyze legal rules governing the provision of additional measures of state support for families with children, to determine their completeness and adequacy for countering abuses in this area. Characteristic of the problem field. The implementation of the legislation on additional measures of state support for families with children, has proved to be connected with widespread attempts to use the maternity (family) capital by the persons who do not have the right, or to use it contrary to the restrictions established by law. Analyzed legislation has shortcomings that create the conditions for illegal actions. Methodology. Both general scientific methods (analysis, synthesis, description) and special scientific methods (comparative-legal and formal-legal methods) were used in the research process . Results. Countering abuses requires improvement (changes and additions) of the law governing the provision of additional measures of state support for families with children. Refinement and extension of powers of the Pension Fund’s of the Russian Federation bodies in this area, however, inevitably entails an increase in the number of organizational actions performed by these bodies when considering applications of the entitled persons. The flip side of strengthening the fight against illegal actions in this sphere can also be the limitation of the possibilities of the entitled persons and the extension of discretion of authorized bodies. When the effective legislative means are absent the judicial practice plays a prominent role in preventing the illegal use of maternity (family) capital. In particular, the qualification of improvement of housing conditions as a necessary result of the contract of purchase and sale of real estate became one of the obstacles to illegal receipt of maternity (family) capital.

Desain Penyelesaian Kredit Macet Dalam Pembiayaan Murobahah Di BMT Bina Ummat Sejahtera

<p>Financing based on Islamic principles actually to increase employment opportunities and economic prosperity in accordance with the Islamic values. The existence of BMT run financing based on Islamic principles not only for profits and enliven the financing business in Indonesia, but also to create a safe business environment with Islamic principles that do not burden the debtor. One of the financing with the principles of Syariah is financing with the murabahah system. Murabahah financing is a type of purchase contract item with the acquisition price and profit (margin) as agreed by the seller and the buyer where the refund loans by the customer can be done in the form of a mortgage or loan. Loans granted certainly has risk so required ability and effectiveness in managing credit risk and minimize the potential losses. Experienced credit risk is a breakdown of murabahah financing so that need to design a settlement in such financing.</p>

IMPLEMENTATION OF UKRAINE'S WORLD EXPERIENCE INSTITUTIONAL SUPPORT FOR CARRIAGE TRANSPORTATION

Topicality. The functioning of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. Also the urgency of the organizing problems of electronic trade by shipping services of shipping lines and their agents through the internal brands, Intranet and the Internet and ways of their overcoming are considered. Aim and tasks. International cargo transportation is a really confusing business through its customers, partners and employees, which are scattered around the world. Today's information technology has become a focal point for shipowners in order to gain a competitive edge over their rivals by choosing and setting the right partners in their rapidly expanding and timely transmission of information and interactive communication between their partners in the value chain (see Porter's Value Chain). network of value creation. As the international marketing concept develops, companies recognize that the real value creation requires intensive interaction between the internal (employees in a number of departments) and external players and clients as a result of partnership, a flexible value chain. The speediness of the delivery of goods depends on the extent to which all participants in the logistics processes (commercial organizations and state regulatory bodies) were able to make the transition from paper technologies to electronic technologies. The use of paper documents in parallel with the electronic several times increases the time of registration at all stages of the movement of goods. Research results.The central theme in trade facilitation is the reduction of bureaucratic restrictions for the movement of goods across borders. Why ask commercial operators to submit about thirty documents to forty different agencies with often repeated information? To reduce these formalities, collect information necessary for controlling bodies as quickly and easily as possible - this is the essence of trade facilitation. Simplification and reduction of the required procedures, data and documents, their harmonization with international standards, computerization of documents and foreign trade processes will significantly accelerate the movement of goods and information about them across borders. Approximately 40 years ago, US experts calculated that eliminating unnecessary bureaucratic procedures and paper flows would reduce the cost of trade operations by 7% in the US, and this was always a very large amount that the society simply lost because of insufficiently streamlined processes. The Single Window system has already been implemented in many countries, such as Japan, Singapore, Sweden, the United States and Senegal. Conclusion. The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.

Distributed Energy Transaction Pattern and Block Chain Based Architecture Design

Along with the market reform, marketization transaction of distributed energy will have very broad prospects in the future. Block chain technology is known as "the second generation of internet technology", it has features of decentralized, open and transparent, safe and reliable, which can well meet demand of transaction environment of distributed energy. This paper first analyzes future distributed energy transaction patterns and their transaction participants, electricity transaction mean, capital settlement relationship and so on. Secondly, the block chain technology is introduced to reconstruct distributed energy transaction environment, and a kind of block chain technology based distributed energy transaction architecture is proposed. Then new changes are described for introducing of block chain technology in the field of intelligent power purchase contracts, decentralized real-time transactions, automatic trust mechanism, etc. Finally conclusion is given.

PEMBIAYAAN MURABAHAH DALAM PERSPEKTIF FATWA DSNMUI

Penelitian ini bertujuan untuk mengkaji apakah aplikasi pembiayaan murabahah di LKS telah sesuai dengan Fatwa DSN MUI. Hasil penelitian ini secara teoritis juga diharapkan dapat memberikan kontribusi pemikiran dalam khazanah intelektual Islam. Secara praksis diharapkan mampu memberikan sumbangan pemikiran kepada LKS agar mampu mengaplikasikan pembiayaan mudharabah yang benar-benar bebas bunga. Dalam menganalisa permasalahan diatas, penulis menggunakan metode analitik evaluatif. Jenis penelitian yang digunakan merupakan penelitian yang digunakan merupakan penelitian lapangan. Artinya penelitian diarahkan pada aplikasi murabahah di LKS. Obyek yang dijadikan penelitian adalah BPR Syariah Rossa. Teknis sampel yang digunakan purposive sampling. Pengumpulan data dilakukan dengan teknik wawancara dan dokumentasi. Melalui penelitian yang dilakukan, aplikasi murabahah di BRI Syariah Pare menyimpang dari ketentuan yang ada dalam Fatwa DSN MUI. Penyimpangan murabahah terletak pada akad wakalah yang digunakan dalam pembiayaan murabahah. Akad wakalah ini memposisikan nasabah mewakilkan dirinya sendiri untuk membeli barang yang dibutuhkan. Dalam keadaan seperti ini nasabah mempunyai dua posisi, yakni yang mewakilkan dan yang mewakili. Suatu akad harus dilakukan oleh berbilang pihak. Ada pihak yang mewakilkan dana dan pihak lain yang mewakili. Dengan demikian akad jual beli murabahah di BPR Syariah Rossa tersebut tidak sah karena tidak memenuhi syarat dan rukun akad, serta tidak sesuai dengan Fatwa DSN MUI. This study aims to examine whether the application of murabahah financing at LKS is in line with the MUI DSN Fatwa. The results of this study theoretically are also expected to contribute ideas in the treasures of Islamic intellectuals. Practically, it is expected to be able to contribute ideas to LKS in order to be able to apply mudharabah financing that is truly interest-free. In the process of analyzing the problems, the author uses analytical evaluative methods. The type of research used is the field research. This means that research is directed at murabahah applications on LKS. The object used for the study was BPR Syariah Rossa. The sample technique used was purposive sampling. Data collection is done by interview techniques and documentation. Through the research carried out, murabahah applications at BRI Syariah Pare deviate from the provisions in the MUI DSN Fatwa. Murabahah bias is in the wakalah contract used in murabahah financing. This contract of time positions the customer to represent himself to buy the items needed. In this situation the customer has two positions, namely the representative and the representative. A contract must be carried out by various parties. The parties who give the representation and other parties who represent. Thus, the murabahah sale and purchase contract in BPR Syariah Rossa is invalid because it does not meet the requirements andharmonious contract, and is not in line with the MUI DSN Fatwa.

THE SPECIFICITIES OF USING CRYPTOCURRENCY IN PURCHASE AND SALE CONTRACTS

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.