Regulation Of Transactions Research Articles

Legal regulation of fraudulent transactions in Ukraine

The relevance of the issue under study in this article is due to the rapid development of social relations, which leads to the constant emergence of new types of transactions, their formalization and regulation. A transaction is a basic category for the regulation of civil legal relations, including such a type of transaction such as a fraudulent transaction. A comprehensive study of the institute of fraudulent transactions in Ukraine will be a significant basis for further improvement of the current not only civil legislation, but also administrative legislation, and will unify the judicial practice of applying legislation on fraudulent transactions. The following methods were used in the study of scientific cognition, such as: systemic and structural; comparative; and the method of analysis. Based on the analysis of the current legislation of Ukraine in the field of application of fraudulent transactions the author emphasizes that there is no clear definition of a fraudulent transaction, its features, and the consequences of its conclusion. However, the absence of a regulatory definition of a fraudulent transaction in the current legislation of Ukraine causes conflicts in court decisions, as evidenced by the analysis of court practice, including that of the Supreme Court of Ukraine analysis of court practice, including that of the Supreme Court. This legislative gap should be regulated, since the legal regulation of fraudulent transactions in Ukraine plays an important role in the administration of justice and protection of participants whose interests are violated by such transactions. The author reviews of the key categories of this scientific article, including “legal regulation” “fraudulence”, ‘fraudulent transaction’. The author proposes to define a fraudulent transaction as to understand the action of a debtor or a party to a legal relationship which exists at the time of or has a high probability of becoming a party to a legal relationship, which can be expressed by both active and passive legal behavior aimed at avoidance of undesirable consequences for the debtor or a person (probable party to the legal relationship) Consequences aimed at avoiding civil liability, non-occurrence of undesirable civil status, or obtaining a benefit in an unfair manner. The author concludes that it is necessary to improve the legal regulation of a fraudulent transaction in Ukraine in the context of defining its essence, features essential terms of the contract, and legal consequences of its application.

Problems of Legal Regulation of B2B Transactions

Problems of Legal Regulation of B2B Transactions

Enhancing Repo Market Transparency: The EU Securities Financing Transactions Regulation

Abstract The introduction of the Securities Financing Transactions Regulation into EU law provides a unique opportunity to obtain an in-depth understanding of repo markets. Based on the transaction-level data reported under the regulation, this article contributes to the literature with key facts about the euro area repo market. We start by providing the regulatory background, as well as highlighting some of its advantages for financial stability analysis. We then go on to present three sets of findings that are highly relevant to financial stability and focus on the dimensions of the different market segments, counterparties, and collateral, including haircut practices. Finally, we outline how the data reported under the regulation can support the policy work of central banks and supervisory authorities and contribute to the existing literature on repo markets. We demonstrate that these data can be used to make several important contributions to enhancing our understanding of the repo market from a financial stability perspective, ultimately assisting international efforts to increase repo market resilience.

COMPARATIVE ANALYSIS OF TRANSFER PRICING LEGISLATION IN THE REGULATORY FRAMEWORK OF EU MEMBER STATES

The article carries out a comparative analysis and assessment of the adequacy of legal regulation of transfer pricing in the EU Member States. The necessity and importance of studying foreign experience in building and improving the legal framework for transfer pricing is substantiated. The authors determine that the relevance of transfer pricing and related issues both in terms of ensuring the proper functioning of the single market and eliminating base erosion and profit shifting is confirmed by the existence of a special advisory body under the European Commission - the Joint Transfer Pricing Forum (JTPF), which advises the European Commission on transfer pricing taxation. The article identifies the main aspects of transfer pricing regulation in the EU Member States with a view to a detailed analysis of the regulatory framework. The criteria of related parties in the EU transfer pricing legislation are studied. It is found that a common feature in the definition of related parties is the direct or indirect influence of one person on another. The author examines and compares the grounds for conducting an audit in the EU transfer pricing legislation and finds that in the vast majority of EU Member States there is a so-called "self-assessment" regime for companies, according to which the taxpayer must ensure compliance with the transfer pricing rules; the risk factors that are relevant for conducting an audit of transfer pricing transactions are legally defined; common factors for the sample of countries studied are: unprofitability of a group of companies against the background of profitability of other entities. It is concluded that the studied foreign experience of regulatory and legal regulation of transfer pricing transactions on the example of individual EU Member States has shown a high level of unification of legislation in the field of transfer pricing, with minor differences in the provisions of the national legal framework; the differences are mainly in the systematic nature of determining the criteria of relatedness of parties in transfer pricing transactions and the grounds for conducting audit procedures on such transactions.

Digitalization of Law and formation of Digital Law

Digital law is a new form of implementation of legal relations in the field of cyber regulation in various areas: digital rights in digital circulation, cyber security, protection of personal data, regulation of cross-border digital transactions, implementation of social rights based on technological platforms, formation of electronic government, electronic state. Currently, the process of digitalization of law is taking place, that is, the use of new digital technologies to optimize legal relations, as well as procedures for creating a new digital reality, which also requires legal regulation. Digital reality shapes human behavior, norms of social relations, creates digital law and digital legal awareness. In the conditions of the digital economy and virtual space, the need for a new look at legal institutions in the era of information society and digital technologies, consistent adaptation of traditional legal mechanisms to new realities is obvious. Further development of legal regulation of digital rights and digital civil turnover is possible according to the conceptual model of “digitalization” of traditional law. The new paradigm of the development of law consists in the “digitalization” of law, that is, the use of digital technologies to optimize legal regulation, as well as the formation of civil digital turnover. Therefore, digital law is a system of legal norms regarding the use of digital technologies, which regulates legal relations that arise in connection with the use of digital data and the use of digital technologies. Digital law is a complex interdisciplinary institution of law that unites legal norms that regulate legal relations arising in connection with the acquisition, exercise, alienation and protection of digital rights, as well as with the use of digital technologies by subjects of digital law. The mechanism of legal regulation of relations in the digital environment is based on the fact that they have an informational nature, since they arise in connection with the implementation of certain actions with information in digital form (digital data).

Transactions Involving Economic Concentration: the Evolution of Antimonopoly Regulation and Common Torts in Modern Conditions

Author carries out the analysis of recent legislative changes on the regulation of anticompetitive transactions involving economic concentration and improvement of the procedure for state control over economic concentration. The will of the legislator and the reasons that contributed to the development of legal regulation on the issue under consideration, as well as its economic and legal consequences, are examined. Based on the results of studying the current law enforcement practice that developed after the entry into force of legislative changes, author identifies and systematizes the most common torts related to the facts of transactions involving economic concentration that restrict competition, as well as significant violations of the procedure for such transactions established by the current antimonopoly legislation.

Fraudulent act: essence and legal regulation

The article examines current issues of science and practice regarding the definition of the essence, signs and legal regulation of a fraudulent transaction as one of the types of contracts in civil law. The importance of the category of “deeds” for civil law is emphasized. Modern scientific positions on understanding the essence of the “fraudulent act” categories are defined and analyzed. The author's vision of the understanding of the above-mentioned category is proposed, under which, in a general sense, a transaction is defined where the debtor (as one of the parties) performs dishonest actions in order to avoid fulfilling his or her obligation to the creditor. The necessity of forming a unified approach to defining the essence of the category of fraudulent transaction is emphasized. The principles of civil legislation, which are violated as a result of the conclusion of a fraudulent transaction, and the court practice on this issue are defined. The essence of the violation of the principle of good faith when concluding a fraudulent transaction is clarified. The need to make appropriate changes to the current civil legislation of Ukraine in order to standardize judicial practice and eliminate existing legislative gaps is emphasized. The judicial practice is analyzed and a review of court decisions regarding the fraudulent transaction and its essential conditions is carried out. It has been established that private law instruments should not be used by participants in civil transactions to avoid paying a debt (money, damages, damage) or to execute a court decision on debt collection (money, damages, damage) that has entered into force. The article notes that a fraudulent contract can be both paid and unpaid. A paid fraudulent contract has its own specifics and features that distinguish it from another fraudulent contract (for example, a free one). The right to evil is singled out as a sign of a committed fraudulent act. Further prospective directions of scientific research on certain issues of fraudulent transactions have been established.

Juridical Implications of Regional Regulations on the Management of Land Management Rights that have been Incorporated in Public Companies

<em>Inbreng is a deposit of capital in forms other than money. BUMD Tbk. is a company whose capital is invested by the Regional Government Y in the form of Land Management Rights. This capital investment has been approved based on the Governor's Decree regarding Development Guidelines in the BUMD Tbk. Area, as well as giving BUMD Tbk. the right to provide recommendations on Land Management Rights. However, currently the Governor's Decree regarding Development Guidelines in the BUMD The Province of the Special Capital Region of Jakarta has the right to provide recommendations given by the Regional Government. As a result, BUMD Tbk. lost one of its income from providing recommendations. Apart from that, questions arise regarding the status of Land Management Rights which have become capital investments. Bearing in mind that BUMD Tbk. is a Public Company, BUMD This research will focus on Company Law and Capital Market Law. Especially according to the provisions of Financial Services Authority Regulation Number 42/POJK.04/2020 concerning Affiliate Transactions and Conflict of Interest Transactions and Financial Services Authority Regulation Number 17/POJK.04/2020 concerning Material Transactions and Changes in Business Activities</em>

Insights into Bitcoin and energy nexus. A Bitcoin price prediction in bull and bear markets using a complex meta model and SQL analytical functions

Cryptocurrencies are in the center of attention of investors, public authorities and researchers, but the interest has shifted from purely financial aspects regarding the way of trading, lack of regulation and supervision of transactions, volatility, correlation with other assets to aspects related to sustainability taking in account the high energy consumption generated by the mining process and the impact on environmental pollution. Bitcoin was chosen for the research considering the dominance that this financial asset has on the cryptocurrency market and its position as alpha currency.The article focuses on the relationship between Bitcoin transactions and energy consumption, for period 1st January 2019—31st of May 2022, this interval having significant price movements. The authors made a prediction of the Bitcoin price using a complex meta-model and SQL analytical functions. The analysis is based on 15 fundamental variables in order to forecast the price: Bitcoin data (prices and volume), electricity price and traded quantity on day-ahead market (DAM), gas price and traded quantity on DAM, inflation in EU, EU-ETS emissions certificates and oil prices. The study reveals the importance of the relationship Bitcoin—energy—carbon emissions, elements that capture the impact of the mining process on the environment from the perspective of energy consumption. Investors on the Bitcoin market must be aware not only of the importance of financial aspects on the price of cryptocurrencies (inflation, demand, offer), but also of other elements related to the evolution of energy prices (electricity, oil, gas, renewable energy) and the evolution of emissions certificates prices. Considering the promotion of the principles of sustainable development on the capital market, portfolio investors have become increasingly attentive to the social and environmental performance of financial assets. This study aims to make financial market players aware of the non-financial implications of their transactions. In addition, the energy transition and the reconfiguration of the energy mix are elements of impact on the cryptocurrency market through the technical levers involved in the mining process.

THE ADEQUACY OF THE LAWS REGULATING ELECTRONIC BUSINESS IN JORDAN

The rapid advancement in communication and information technology has significantly reshaped the landscape of electronic business, encompassing e-government, e-commerce, and digital consumer interactions that transcend global boundaries. This development has necessitated a parallel evolution in legal frameworks worldwide to address the new realities of digital transactions and governance. The Hashemite Kingdom of Jordan, recognizing the imperative to adapt to this dynamic environment, has embarked on updating its legislative structures to better align with the emerging demands of the electronic business sector. This research aims to critically examine the current legal provisions in Jordan governing electronic business, assess their effectiveness, and explore potential gaps that may hinder the sector's development. Furthermore, the study will consider international treaties and agreements that Jordan could potentially join to bolster its electronic business sector and attract more investment. By comparing Jordan's legislative adaptations with global legal trends, this study seeks to highlight best practices and propose recommendations for enhancing Jordan's legal framework for electronic business. Additionally, the research will delve into judicial applications relevant to the electronic business to provide a comprehensive overview of the legal landscape and its practical implications. The analysis has revealed that the national laws need to be continuously updated to incorporate emerging technologies and new business practices. This is especially critical in areas like electronic privacy, data protection, consumer protection in the digital space, and the regulation of electronic signatures and transactions. Furthermore, despite Jordan's efforts to adapt its legal system to support electronic business, there is a pressing need for more comprehensive legislation that covers all aspects of the digital economy, including but not limited to, e-government services, e-commerce, and cybersecurity. Internationally, while Jordan has engaged with some treaties and global norms, there is a broader scope for integration into international legal frameworks that govern electronic commerce. Such engagement would not only enhance the legal robustness of Jordan's electronic business sector but also build investor confidence and facilitate smoother international transactions. As Jordan continues to develop its digital economy, it is imperative that its legal framework evolves correspondingly to support sustainable growth, protect stakeholders, and ensure compliance with international legal standards. This will not only benefit the local economy but also position Jordan as a competitive player in the global digital marketplace.

FEATURES OF NOTARIZATION OF TRANSACTIONS INVOLVING SPOUSES: STATUS AND PROSPECTS

Purpose of the study. The article examines the problems of theory and practice that arise in the field of notaries in connection with the certification of transactions of spouses in relation to their common property. The regulatory discrepancy in the use of the terms “agreement”, “contract”, “transaction” in the field of family relations in comparison with civil relations is determined, the limits of multi-branch regulation of transactions are identified, and general problems associated with the registration of certain types of property of spouses are identified. It has been proven that the participation of a notary in such transactions is of particular importance, consisting in his performance of the function of public control over transactions involving spouses, ensuring the protection of their property rights on the basis of their mutual agreements.

Cyber-Sabotage from The Perspective of Information and Electronic Transactions Regulation

Most cyber criminals on the internet will be ensnared by Law Number 11 of 2008 concerning Electronic Information and Transactions. The law should offer protection to internet users with good intentions, and provide strict action for cybercrime, especially cyber sabotage actors who disrupt electronic systems and even cause electronic systems to not work properly. Similarly, in Article 5, namely obtaining evidence, there are many obstacles, especially against perpetrators of crimes in Article 33 of Law Number 11 of 2008. Based on the results of the study, it can be concluded that in addition to creating good laws, it also builds the skills of law enforcers to especially find evidence of cybercrime (cybercrime) which is not easy because the crime is in cyberspace by sabotaging the electronic system. In addition, the perpetrators of crimes also hide their identity and the actions they take in cyberspace which is a form of protection.

Selected aspects of contractual regulation in the context of digitalization of the economy

Problem setting. One of the most noticeable modern trends is the coverage of digitalization processes in all spheres of life, including the economic sphere, which is accompanied by a rapid expansion of the electronic format of contractual interaction of participants in economic transactions and a change in the very methods of carrying out the latter. At the theoretical level, there are several approaches to the regulation of certain aspects of contractual relations in the field of e-commerce, in particular, with the help of: analogy of the law; customs of business turnover; contractual regulation at the level of individual agreements on the use of an electronic contract form and/or electronic signature, etc.; special legislative acts in this area; complex regulation using different levels of sources. It is the last approach that has gained the most widespread and support among modern scientists. Analysis of recent researches and publications. The issues of concluding, changing and terminating electronic contracts with the participation of business entities were studied in the works of O. M. Vinnyk, M. M. Dutov, S. V. Zlobina, N. B. Koval, N. V. Koryagina, V. L. Despite this, in the practice of contractual and legal regulation of economic transactions in the field of electronic commerce, a unified approach has not been formed regarding the optimal transformation (change or special application) of the established principles of contract law regarding electronic contracts. That is why the purpose of the article is to highlight and analyze problematic issues of legal support for electronic contractual interaction between participants in business relations. Purpose of the research is to highlight the problematic issues of legal support for electronic contractual interaction of the participants in business relationships. Article’s main body. The article notes the lack of a unified approach to the optimal transformation of the established principles of contract law in relation to electronic contracts. Special attention is paid to the procedure for concluding electronic contracts with the participation of business entities and to the content of the concept of “electronic form of contract”. Approaches to the legal nature of electronic offers and acceptance, as well as procedural aspects of their implementation, were investigated based on the analysis of scientific views and the current legislation of Ukraine. Existing legislative dysfunctions in the regulation of the specified issues are highlighted and separate proposals for their elimination are formulated. Conclusions and prospects for development. The article concludes that the agreement of the parties to conclude a contract with the help of information and communication systems is not a sufficient reason to consider it concluded in writing. It is noted that the recognition of the electronic form of the contract as a type of written contract does not correspond to the European approach, according to which only a qualified electronic expression of will is equated to a written form. The necessity of harmonizing the relevant provisions of the Civil Code of Ukraine, the Economic Code of Ukraine, the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc., in terms of content and correlation of such concepts as “electronic form of transaction”, is emphasized. “electronic transaction”, “electronic form of contract”, “electronic contract”, “electronic document”, “electronic form of providing information”, etc.

Technology and the Evolution of Civil Law: Implications of Cryptocurrency Transaction Regulation

<span lang="EN-US">This research investigates the regulatory implications of cryptocurrency transactions in the context of the evolution of civil law, including consumer protection, prevention of illegal activities, and maintenance of financial market integrity. The background of the research refers to the economic paradigm shift towards digital assets such as cryptocurrencies, which has changed the global financial transaction landscape. This research method involves a combined approach between civil law analysis, a literature study on blockchain technology, and a review of the latest regulations related to cryptocurrencies in Indonesia. The results show that the evolution of technology in cryptocurrencies has presented new challenges to conventional civil law. The unclear legal status of cryptocurrencies, security risks, and potential illegal use are significant concerns. The regulatory implications on cryptocurrency transactions in Indonesia illustrate the government's efforts to accommodate innovation while protecting the public interest. Some recommendations include a more collaborative approach between the government, the industry sector, and legal institutions to develop a regulatory framework that fits the characteristics of these technologies.</span>

Modern Problems of Void Transactions in the Civil Law of the Russian Federation

The article examines the legal, organizational foundations and a number of topical problems of insignificant transactions in Russian legislation with an indication of the origins of these norms in ancient Roman jurisprudence. The subject of the study is the problems caused by the recognition of transactions as insignificant in modern Russia. The object of the study is the legal provisions of civil law that carry out the legal regulation of void transactions. The purpose of the work is to form proposals that contribute to their leveling by identifying and analyzing the actual problems of the insignificance of transactions. The methods used are dialectical-materialistic, historical, a system of empirical research methods (analogy, modeling) and special methods (formal-logical, system-analytical), etc. The author examines in detail the signs of void transactions, the problems of recognizing the nullity of the transaction; the subject of which is property, with respect to the disposal of which there is an imperative prohibition, restriction. Particular attention is paid to the problems of the insignificance of the part of the transaction. The main conclusions of this study are the following: it is justified to bring into compliance with Article 12 of the Civil Code and the legal position of the Supreme Court of the Russian Federation (Resolution of the Plenum of June 23, 2015 No. 25) with respect to the method of protecting civil rights ("application of the consequences of the invalidity of an insignificant transaction"); to formulate Article 169 of the Civil Code of the Russian Federation in a new edition reflecting the concept of "public interest". A special contribution of the author to the study of the topic is the proposal to specify Article 180 of the Civil Code of the Russian Federation in terms of indicating exceptions to the general rule of invalidation of part of the transaction. The results of the article can be used in improving civil legislation, in law enforcement, in further scientific research. Conclusions: despite the improvement of the norms of civil law, the massive nature of the recognition of transactions as void indicates significant problems, as insignificant transactions in general, as well as parts of these transactions (in practical and scientific-theoretical contexts), requiring optimal solutions.

Problems of Legal Regulation of Transactions Not Subject to Value-Added Tax

Problems of Legal Regulation of Transactions Not Subject to Value-Added Tax

Субъектный состав оспаривания сделок, в совершении которых имеется заинтересованность: правоприменительный аспект

The legal regulation of interested-party transactions, since the establishment of relevant norms in domestic legislation, has subsequently acquired dynamic development and has been reformed more than once. Despite many positive changes in legislation, with the development of civil turnover and the practice of applying the rules on related-party transactions, the shortcomings inherent in the institution in question are increasingly being noticed, especially when challenging transactions. In this article, the author addresses the problem of determining the subject matter of challenging transactions in which there is an interest from the point of view of law enforcement judicial arbitration practice, and on its basis formulates conclusions and proposals.

Облік та оподаткування в інтернет-бізнесі: перспективи розвитку та виклики

Complex economic relationships have a significant impact on consumer opportunities. When using the services of enterprises operating in the field of e-commerce, buyers get the opportunity to save money through more affordable prices and the opportunity to compare the cost of goods, choosing the most profitable ones. This allows them to save time as well, as they can shop from the comfort of their homes, choose the most convenient method of payment and delivery. The Internet opens the market, expands its geography and increases the competition of goods, does not set any restrictions except for access to the network. The article is devoted to the analysis of features of accounting and taxation system in modern Internet business. The impact of digital transformation on accounting and taxation is considered, taking into account the dynamic nature of this sector of the economy. An overview of the current challenges of Internet business in the context of accounting, including the issues of taxation of e-commerce and activities in the online environment, is proposed. In the article, trade in the field of e-business is considered as an object of accounting. An algorithm for conducting trade on the Internet and accounting for settlements with buyers, determining income and financial result is provided. Modern methods of payment for goods are outlined. The methods of reflection in the cost structure of operations related to the creation of a website, the use of a domain and the receipt of hosting services are analyzed. It is proposed to include in the initial cost of intangible assets the costs of website development and domain prolongation, and to reflect the hosting operation as part of sales costs. The rules for the use of cash registers in conducting business transactions in e-commerce, as well as individual cases in which it is not necessary to use cash registers in online stores, are considered. The problematic aspects of normative regulation and accounting of transactions related to e-commerce are highlighted. Recommendations have been developed that can improve taxation in the field of e-commerce – they provide for the improvement of tax administration for entities engaged in e-business.

ОСОБЛИВОСТІ ОПОДАТКУВАННЯ КРИПТОВАЛЮТИ В РІЗНИХ КРАЇНАХ СВІТУ

Every year, cryptocurrency is slowly but surely conquering the whole world. Thanks to this trend, its acceptance is increasing, and more and more options for its application are appearing. Large global companies are showing interest in blockchain and cryptocurrency, investing in them. It is quite obvious that these events will contribute to the rapid expansion of the market. Crypto assets continue to gain popularity and their adoption has become something more important and real. The number of stores accepting cryptocurrency as a payment method is increasing, crypto assets are being used as a form of fundraising, and you can even travel the world with cryptocurrency. In addition, the expansion of the use of cryptocurrency in world markets is explained by the rapidly growing interest in it on the part of the population of various countries of the world in the desire to earn or at least protect their income from the devaluation of national currencies. A direct analysis of the current rules of cryptocurrency taxation in foreign countries showed the existence of a number of differences in the implementation of tax regulation of transactions with cryptocurrency, because different approaches to the definition of cryptocurrency in foreign countries cause different methods of its taxation. That is, the fiscal policy regarding taxes on cryptocurrency in the countries of the world depends on how their legislation interprets the concept of virtual money: in the USA it is property, in Britain it is a capital asset, Italy considers it as a foreign currency. In Malta, El Salvador, Malaysia and Singapore, cryptocurrency taxation is absent or can be avoided if certain conditions are met. The global cryptocurrency market is at the stage of formation, therefore the regulatory and legal framework in various countries of the world is actively developing, adapting to the rapidly changing reality. Gradually, the cryptocurrency receives a final determination of its status with the further development of effective mechanisms of tax administration to ensure transparency and fairness of taxation, that is, the creation of tax legislation in this area.

Policy Strategy for Transaction Speed, Data Security and Regulation in the Banking Industry: A Case Study on Bank Jatim Karesidenan Kediri and the Impact of its Contribution to Bank Performance

Bank Jatim Karesidenan Kediri needs to improve customer data security by developing the right policy strategy. Policies that need to be implemented include multi clouds with homomorphic encryption, managerial security awareness with Big Data Solution vendor reputation, and the use of holistic data warehouses in data privacy health architectures. In addition, Bank Jatim needs to pay attention to banking regulations and restrictions on access to activities between countries to minimize data security risks and increase customer trust. This study uses quantitative design and interview and observation instruments to obtain reviews on delay conditions in transactions, customer data security, banking regulations, and benefits for Bank Jatim Karesidenan Kediri. implement appropriate policy strategies such as multi clouds with homomorphic encryption, managerial security awareness with Big Data Solution vendor reputation, and using holistic data warehouses in data privacy health architectures. In addition, Bank Jatim also needs to pay attention to banking regulations and limit access to activities between countries to minimize data security risks and increase customer trust. Through the implementation of the right policy strategy, it can improve financial performance, expand the reach of customer services, and maintain its position in the midst of today's banking industry competition. The implementation of policy strategies must be carried out accurately and agilely in order to optimize bank performance and performance.