Ponamorenko V.E. —
Virtual currencies in understanding of the international organizations and national jurisdictions
// International Law and International Organizations. – 2016. – ¹ 3.
– P. 296 - 302.
DOI: 10.7256/2454-0633.2016.3.19902
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Abstract: The subject of this research is the notion “virtual currencies” which is being viewed from the positions of international organizations, as well as from the side of the regional integration unions and national jurisdictions. The term virtual currencies is new to the scientific and legislations and requires the theoretical understanding and comparison with the adjacent notions of the theory of money. The article analyzes the positive aspects of the virtual money (their role in the financial system as a financial innovation), as well as their threat to the economic security of the state and region (on the example of the Eurasian Economic Union). The methodology of the research is based on the principles of complexity and methodological pluralism, and also includes the method of legal comparative study, systemic approach, and formal legal method. The scientific novelty of this work consists in comparison of the international legal and national approaches towards the definition of virtual currencies, their interaction with the similar notions of the electronic and digital money, as well as description of the role of virtual currencies in performing the illegal financial transactions as a negative factor of their proliferation and functionality. The main conclusion lies in the need for legalization of the notion of virtual currencies on the national level (Russian Federation) and the level of the regional integration union (Eurasian Economic Union). At the same time, the author believes that in determination of the legal regime for such currencies, it is better to avoid the most liberal positions along with the extremely restrictive positions.
Ponamorenko V.E., Nikitova A.V. —
Concerning Development of Legal and Financial Competencies in the Sphere of AML/CFT (In Terms of Integration Processes in the EEU)
// Financial Law and Management. – 2016. – ¹ 3.
– P. 172 - 178.
DOI: 10.7256/2454-0765.2016.3.19970
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Abstract: The subject of the research is the legal and financial competencies in the sphere of AML/CFT that are based, first of all, on the level of financial and legal literacy sufficient for performance of professional responsibilities. AML/CFT education is viewed as a priority in the development of the humanities in the Eurasian Economic Union member-states which is conditioned by the growing risk of illegal financial operations in the region. AML/CFT sphere is analyzed from the point of view of its complex nature expressed in the combination of legal, economic, organizational competencies of specialists in this sphere. The research is based on the complex approach, systems approach, comparative method, legalistic approach and the principle of methodological pluralism. The novelty of scientific solutions is defined by the fact that the authors conducts an important research taking into account the main trends in the development of modern integration processes. The authors of the article conclude about the need to introduce the integration vector in modern humanities (in particular, in training AML/CFT specialists) which is conditioned by the supra-national specifics of the sphere. The results of the research are presented in the form of established methodological approaches to training AML/CFT specialists built on the combination of financial and legal literacy. The aforesaid results can be used by HR specialists in the supra-national EEU bodies and EEU financial intelligence agencies.
Ponamorenko V.E., Nikitova A.V. —
Legal and Financial Literacy as the Factors of Interstate Integration into the Eurasian Economic Union
// Financial Law and Management. – 2015. – ¹ 4.
– P. 395 - 400.
DOI: 10.7256/2454-0765.2015.4.16732
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Abstract: The subject of the research is the legal and financial literacy in the member states of the Eurasian Economic Union, first of all, state officials and intergration authorities officials as the factors of interstate intregration into the Eurasian Economic Union. Legal and financial literacy are viewed by the author as the interdependent elements of the integratino process; their parallel development forms the integration legal awareness of citizens, which, in its turn, contributes to the efficient interstate intregration, most of all, in the financial and legal spheres. Combined development of the legal and financial literacy is performed, in particular, by such social institutions as the financial courts, financial mediators and financial ombudsmen. The methodology of the research is based on the principle of methodological pluralism implemented through using the integrated approach, systems approach, comparative method and technical legal method. Research novelty and conclusions: the novelty of the authors' research solutions is caused by the fact that they have conducated the topical and comprehensive study of the main trends in modern integration processes. In their research the authors conclude that legal and financial literacy plays an important role as ideological factors intensifying the process of integration into the Eurasian Economic Union. They also emphasize the importance of the contribution of the institution of financial ombudsman into the development of legal and financial literacy. The results of the research are presented in the form of recommendations on synchronizing measures aimed at increasing legal literacy and financial literacy in the countries of the Eurasian Economic Union and including these measures into the integration processes of the Eurasion Union. The results of the research can be used by institutions training specialists for supernational bodies of the Eurasian Economic Union.