GENERAL METHODS OF NON-STATE PENSION FUNDS ACTIVITY REGULATION
In the article the lighted up features of adjusting of functioning of non-state pension funds. The complex of different normative acts that regulate the legal providing of development of the investigated funds is considered. Among basic normatively-legal acts that regulate activity and legal status of non-state pension fund investigated: Law of Ukraine «On the non-state pension system», Civil code of Ukraine, Commercial code of Ukraine, Law of Ukraine «About financial services and government control of markets of financial services».
Scientific and legislative approaches are investigational in relation to exposition of essence of non-state pension fund, basic aspects offer in relation to a change and expansion of the legislative going near interpretation. This event will give an opportunity of the clear legal fixing of essence of the investigated subjects.
A realizable analysis allowed to offer the separate legislative fixing of status of non-state pension funds, that would be compatible and only in accordance with a civil and economic legislation. It can be carried out due to introduction to the civil and economic legislation of separate form of subjects - unprofitable funds. This innovation will give an opportunity to result in the only norms of position of current legislation for avoidance of collisions and different approaches in interpretation of legal status of non-state pension funds.
Problems and legislative collisions are considered in relation to the normatively-legal adjusting of development of non-state pension funds. Suggestions are expounded in relation to the decision of problems and removal of collisions. It will give an opportunity to drive the Ukrainian legislation to this sphere to the international requirements.
The checking and adjusting of activity of non-state pension fund system is considered in Ukraine, the structure of the regulatory authorities involved in this sphere is investigated. The imperfect level of the legal support of adjusting and control of activity of non-state pension fund was educed in Ukraine, the problems of communications and exchange information are noticed between the different public regulatory authorities involved in this sphere. In our opinion, necessary regulation of the system of clear cooperation (communication) between different public regulatory authorities in this sphere for effective control of the investigated subjects’ activity is highly recommended. Also verification of distribution of functions and tasks of these supervisory organs offered for the exposure of duplication of plenary powers is necessary.
Regarding to foreign experience, it was marked, that as Ukraine is a country with an unstable economy, absence of effective legislative base, high political risks, the special actuality is acquired by introduction of research and practice ground and effective system of limitations in relation to investing of pension assets, that can be flexible in accordance with changes and dynamics of financial market. As the legislative system of limitations of investing can not answer financial market tendencies and influence on the loss of solvency and profitability of non-state pension funds,it must be looked over according to the changes of financial market.
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Keywords: adjusting, legal support, non-state pension fund, non-state pension system, subjects of legal relationships, assets, investing |
FINANCIAL INSTITUTIONS
Postnyy Anton Valeriyovych
postgraduate Department of Financial markets SHEI «Kyiv National Economic University named after Vadym Hetman»
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