保险领域法律关系的法律性质:行政和法律方面

I. Prots
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引用次数: 0

摘要

在对科学研究和现行立法进行系统的理论和法律分析的基础上,对经济、物质和法律三个关键途径造成的保险的法律性质进行了考察。保险的经济本质是通过覆盖不可预见的社会需求所需的货币资金类别来表达的;保险的物质性质是通过货币资金的类别来披露的,货币资金用于赔偿自然灾害和不可预见情况造成的损失;保险的法律内容是通过一套规范经济关系的规则来体现的,涉及到个人和法人、公共实体的合法利益的保护。保险具有金融法中金融范畴的主要功能,但有其特定的表现形式。保险是一个复杂的法律制度,它包括宪法、民事、金融、行政、劳动法、社会保障法的规则,以及与保险有关的法律关系,即公法和私法。金融法律领域的必要规范优先于公共关系的监管,在保险组织中形成,实施强制性保险,保险实体的许可,确保保险公司的金融稳定和偿付能力,保险公司的重组,乌克兰国家银行在保险控制和保险监督领域的监管权力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
LEGAL NATURE OF LEGAL RELATIONS IN THE FIELD OF INSURANCE: ADMINISTRATIVE AND LEGAL ASPECT
On the basis of the systematic theoretical and legal analysis of scientific researches and the current legislation the legal nature of insurance which is caused by three key approaches – economic, material and legal is investigated. The economic essence of insurance is expressed through the category of monetary funds needed to cover unforeseen needs of society; the material nature of insurance is disclosed through the category of monetary funds, which are used to compensate for damage caused by natural disasters and unforeseen circumstances; the legal content of insurance is manifested through a set of rules governing economic relations related to the protection of the legitimate interests of individuals and legal entities, public entities. It is noted that insurance has all the main functions of the category of finance in financial law but in certain specific manifestations. It is stated that insurance is a complex legal institution, which includes the rules of constitutional, civil, financial, administrative, labor law, social security law, and legal relations arising in connection with insurance, which are public and private law. Imperative norms of the field of financial law have priority in the regulation of public relations, formed in the organization of insurance, implementation of compulsory insurance, licensing of insurance entities, ensuring financial stability and solvency of insurers, on the reorganization of insurance companies, in the National Bank Ukraine's regulatory powers in the areas of insurance control and insurance supervision.
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