{"title":"保险领域法律关系的法律性质:行政和法律方面","authors":"I. Prots","doi":"10.32518/2617-4162-2021-2-33-38","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"LEGAL NATURE OF LEGAL RELATIONS IN THE FIELD OF INSURANCE: ADMINISTRATIVE AND LEGAL ASPECT\",\"authors\":\"I. Prots\",\"doi\":\"10.32518/2617-4162-2021-2-33-38\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":331578,\"journal\":{\"name\":\"Social & Legal Studios\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Social & Legal Studios\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.32518/2617-4162-2021-2-33-38\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Social & Legal Studios","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32518/2617-4162-2021-2-33-38","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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.