ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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INSTRUMENTS FOR THE ACCUMULATION OF PRIVATE SAVINGS OF INDIVIDUALS AS AN OBJECT OF LEGAL AND STATE REGULATION

Pages: 149-155
Year: 2021
Location: Pravova Ednist Ltd

Review

Abstract. In Ukraine, great attention is paid to investing in the economy, business, grant projects, etc. However, little attention is paid to the issues of investing from the accumulation of private savings of individuals (households), which is why the powerful investment resource of citizens’ savings is not used enough. The purpose of the article is to study the instruments for the accumulation of private savings in Ukraine, to identify the main problems that are currently in the legal regulation of this institution, and to formulate proposals for their elimination. The author defines the accumulation of private savings of citizens as a type of investment activity (indirect investment of long-term financial investments), which consists in investing (transferring) money savings to an intermediary in order to preserve their value and increase (receiving income (profit) from their investment) to ensure in the future a decent standard of living. The study found that the accumulation of private savings has a number of differences from other ways of carrying out investment activities, which allow it to be singled out as a special object of state regulation. Yes, 1) the accumulation of private savings is a long-term act that usually cannot be terminated unilaterally (except in extraordinary circumstances); 2) private savings are made only in cash; 3) private savings are not transformed into another object when, during other types of investment, the invested funds are «transformed» into property rights, real estate, goods, etc.; 4) the purpose of private savings is the accumulation of capital, and not the acquisition of new property or other rights, that is, private savings are not transformed into other forms of capital; 5) private savings are not an object of free civil turnover (they are not alienated freely on the basis of civil law contracts) unlike other objects of investment (real estate, property rights, securities, etc.); 6) the funds are not invested by the person directly, but are transferred as a contribution (contribution) to a financial intermediary. Therefore, we consider the term depositor rather than investor to be more appropriate to characterize a person who invests with the aim of accumulating savings; 7) the depositor cannot influence the further investment policy of the intermediary regarding the funds transferred to him. The study found that the accumulation of private savings has a low difference from other methods of investment activity, which allows it to be singled out as a special object of state regulation. The author has proven that the following private savings accumulation tools are currently most widely used in Ukraine: 1) making deposits in Ukrainian banks; 2) long-term accumulative life insurance; 3) non-state pension funds. The article presents the problems of state regulation and proposed ways to solve them, which allow activating the population’s use of savings accumulation tools. Key words: savings, investments, accumulation of savings, state regulation of investments. REFERENCES LIST OF LEGAL DOCUMENTS LEGISLATION
  1. Pro banky i bankivsku diyalnist [About banks and banking activity, Law of Ukraine]: Zakon Ukrayiny vid 07.12.2000 № 2121-III. data zvernennya 20.03.2021 [in Ukrainian].
  2. Pro Natsionalnyy bank Ukrayiny [About the National Bank of Ukraine, Law of Ukraine]: Zakon Ukrayiny vid 20.05.1999 № 679-XIV data zvernennya 20.03.2021 [in Ukrainian].
  3. Pro nederzhavne pensiyne zabezpechennya [About non-state pension provision Law of Ukraine]: Zakon Ukrayiny vid 09.05.2003 № 1057-IV data zvernennya 20.03.2021 [in Ukrainian].
  4. Pro strakhuvannya [About insurance, Law of Ukraine]: Zakon Ukrayiny vid 7.03.1996 № 85/96- ВР data zvernennya 20.03.2021 [in Ukrainian].
BIBLIOGRAPHY AUTHORED BOOKS
  1. Blank I, Finansovyy menedzhment [Financial management] data zvernennya 20.03.2021 [in Ukrainian].
  2. Borshch L, Investuvannya: teoriya i praktyka [Investing: theory and practice] (Kyiv, 2005) 470 [in Ukrainian].
  3. Kutsyk P, Virt M., Honcharuk I., Kutsyk V., Derzhavne rehulyuvannya investytsiynoho protsesu v umovakh funktsionuvannya rynku tsinnykh paperiv [State regulation of the investment process in the conditions of the functioning of the securities market] (Lviv, 2014) 269 [in Ukrainian].
  4. Ramskyy A, Investytsiynyy potentsial domohospodarstv [Investment potential of households] (Kyiv, 2014) 352 [in Ukrainian].
  5. Smit A, Dobrobut natsiy. Doslidzhennya pro pryrodu ta prychyny dobrobutu natsiy [Welfare of Nations. Research on the nature and causes of the well-being of nations] (K., 2001) 594 [in Ukrainian].
  6. Slatvinskyy M, Derzhavne rehulyuvannya investytsiynoyi diyalnosti [State regulation of investment activity] (Uman, 2014) 198 [in Ukrainian].
ARTICLES
  1. Butnyarov A, Spryyatlyvyy investytsiynyy klimat krayiny – zaporuka zaluchennya inozemnykh investytsiy [The country’s favorable investment climate is a key to attracting foreign investments] (2008) 3–4 Rynok tsinnykh paperiv Ukrayiny 29–32. [in Ukrainian].
DISSERTATIONS
  1. Zadoya A, Derzhavne rehulyuvannya transformatsiyi zaoshchadzhen v investytsiyi [State regulation of the transformation of savings into investments] (dys. kand. ekon. nauk. 08.00.03. Dnipro, 2018) 213 [in Ukrainian].

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