论乌克兰现行立法变化背景下“支付系统”概念的界定

A. Kovalchuk
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引用次数: 0

摘要

问题设置。近年来,特别是在新冠肺炎疫情相关的检疫限制条件下,提高无现金支付的价值,加强异构支付系统的作用,已成为经济关系领域明显的、无条件的趋势。由于信息和电信技术的迅速发展以及全球化进程,计算组织发生了深刻的变化,因此需要对支付系统的法律管制问题进行新的科学研究,因为不幸的是,由于经济和社会政治条件不断变化,这一领域的理论成就失去了相关性。在这种背景下,乌克兰现行立法的最近变化需要他们进行详细的分析和认识,因此需要修改某些基本观点,包括“支付系统”概念的定义。最新研究和出版物分析。将支付系统作为经济领域的一个内在组成部分进行研究有其自身的历史和特点。它们既从经济理论的角度进行研究,又成为法学代表科学研究的主题。关于现代支付系统的本质、组织和功能的一些问题一直是国内外经济学家感兴趣的科学主题,包括Woodford M., Gerasimova S., Grytsenko A.A., Gross D., Demkivskyi a.v., Issing O., Koval i.m., Lukyanov v.s., Movchan o.a., Olifirenko m.m., Senyshchiv P.M.他们的理论成果是理解现代经济中异质计算关系法律规制的特殊性的基础。为建立整体的结算法律关系理论奠定了基础,也有助于支付法概念的形成。研究的目标是更新“支付系统”的本质和概念的问题,以及强调在乌克兰特殊立法系统变化的条件下,这种法律监管对象的定义特征转变的特殊性。文章的主体。本文考虑了在乌克兰关于结算关系组织的专门立法发生根本性变化的情况下,界定“支付制度”概念的问题。它强调在确定支付制度的概念和本质的问题上缺乏一种普遍接受的科学方法,强调对这一问题进行了广泛的讨论。委员会提请注意,在确定支付制度的本质时,重点已从转移资金转向提供支付服务。笔者将支付系统定义为提供支付服务的一种法律形式。结论及发展展望。科学界对“支付系统”的定义进行了广泛的讨论,直到现在也没有最终解决这样一个问题。试图克服在确定一般意义上的“支付制度”概念的本质方面的分歧,并没有导致现有科学方法的统一。同时,这种理论探索也为从本质、内容和形式的观点来评价这一现象提供了机会。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the definition of the concept of “payment system” in the context of changes of the current legislation of Ukraine
Problem setting. Increasing the value of cashless payments and strengthening the role of heterogeneous payment systems in recent years, especially in the conditions of quarantine restrictions related to the coronavirus disease of COVID19, has become a clear and unconditional trend in the field of economic relations. Profound changes in the organization of calculations caused by the rapid development of information and telecommunication technologies, as well as the processes of globalization, lead to the need for new scientific research on the problems of legal regulation of payment systems, since, unfortunately, theoretical achievements in this area lose their relevance due to the high dynamics of the changing economic and socio-political conditions. Against this background, recent changes in the current legislation of Ukraine require their detailed analysis and awareness, and therefore the revision of certain fundamental views, including the definition of the concept of “payment system.” Analysis of resent researches and publications. The study of payment systems as an immanent component of the economic sphere has its own history and specifics. They were studied both from the position of economic theory, and became the subject of scientific searches of representatives of legal science. Some issues of essence, organization and functioning of modern payment systems have been the subject of scientific interest as domestic, and foreign economists, including Woodford M., Gerasimova S., Grytsenko A.A., Gross D., Demkivskyi A.V., Issing O., Koval I.M., Lukyanov V.S., Movchan O.A., Olifirenko M.M., Senyshchiv P.M. Their theoretical achievements are the foundation of understanding the peculiarities of legal regulation of heterogeneous calculation relations in modern economy. Lay the foundations for creating a holistic theory of settlement legal relations, and also contribute to the formation of the concept of payment law. Target of research is to update the issue of the essence and concept of the «payment system,» as well as to highlight the peculiarities of the transformation of the defining features of such an object of legal regulation in the conditions of systemic changes in the special legislation of Ukraine. Article’s main body. The article considers the problem of defining the concept of “payment system” in the conditions of radical change of the special legislation of Ukraine on the organization of settlement relations. It emphasizes the lack of a generally accepted scientific approach in the question of determining the concept and essence of the payment system, emphasizes the presence of a broad discussion on such a problem. Attention is drawn to the shift of emphasis in determining the essence of the payment system from the transfer of funds to the provision of payment services. The author’s definition of the payment system as a legal form of payment services provision is proposed. Conclusions and prospects for the development. There is a wide discussion in scientific circles about the definition of the “payment system” until now has not finally solved such a problem. Attempts to overcome disagreements in determining the essence of the concept of “payment system” in the general sense did not lead to the unification of existing scientific approaches. At the same time, such theoretical searches provided an opportunity to evaluate the phenomenon from the perspective of ideas about its essence, content and form.
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