改变信用合作社法律地位的必要性

B. Derevyanko, A. Zakharchenko
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Credit unions in a simplified form act as follows: members of the credit union give it money in the form of initiation, compulsory shares, and other fees in the amount, time, and the manner determined by the charter of the credit union; the union may acquire ownership of government securities and bonds of international financial organizations placed on the territory of Ukraine; members of the credit union or other persons can receive loans at the expense of its property; the credit union may receive payments for providing loans and other services to its members, as well as income from other types of statutory activities, may receive monetary and other property donations, charitable contributions, grants, free technical assistance, as well as other receipts not prohibited by law from Ukrainian and foreign citizens (subjects), business entities and the state. Conclusions. 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摘要

目的。本文在分析乌克兰关于信用合作社的立法规定及其活动实践的基础上,提出了改变信用合作社法律地位的建议。研究方法。本文是运用科学认知的一般研究和特殊方法编写的。作者使用了分析和综合、比较法和历史法的方法,从而可以确定信用合作社的法律地位与现代现实的不一致之处,并提出改变的建议。结果。信用合作社是特定的经济实体。它们具有非商业地位,是专门负责向其成员和其他人提供廉价信贷资源的金融机构。简化形式的信用社的行为如下:信用社成员以发起、强制性股份和其他费用的形式向信用社提供资金,其数额、时间和方式由信用社章程确定;联邦得取得置于乌克兰境内之政府证券及国际金融组织债券之所有权;信用合作社的成员或其他人可以以其财产为代价获得贷款;信用合作社可以接受向其成员提供贷款和其他服务的付款,以及其他类型的法定活动的收入,可以接受乌克兰和外国公民(主体)、商业实体和国家的货币和其他财产捐赠、慈善捐款、赠款、免费技术援助以及法律不禁止的其他收入。结论。经确定,信贷合作社的主要任务是向其成员(潜在的或实际的企业家)提供廉价的信贷资源,此外还向其他人提供。因此,乌克兰信用合作社提供的信贷资源数量很少,利率高于商业银行。信用合作社在许多情况下与当铺竞争,提供以家用电器、贵金属产品等为担保的小额信贷。纠正这种情况的最简单方法是剥夺信用合作社的非商业地位,并有可能从那些向其成员提供至少50%的贷款以创建和发展自己的业务的信用合作社的利润征税中获得好处,其利息不超过乌克兰20家最大商业银行的贷款平均利息,确定于相应日历年1月1日。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE NECESSITY OF CHANGING THE LEGAL STATUS OF A CREDIT UNION
Purpose. The article substantiates proposals for changes in the legal status of credit unions based on the analysis of the provisions of the Ukrainian legislation on credit unions and the practice of their activities. Research methods. The paper is prepared by applying the general research and special methods of scientific cognition. The authors used the methods of analysis and synthesis, comparative legal and historical legal, which allowed identifying inconsistencies in the legal status of the credit union with modern realities and proposing changes. Results. Credit unions are specific economic entities. They have a non-commercial status and are financial institutions with exclusive competence and tasks to provide inexpensive credit resources to their members and other persons. Credit unions in a simplified form act as follows: members of the credit union give it money in the form of initiation, compulsory shares, and other fees in the amount, time, and the manner determined by the charter of the credit union; the union may acquire ownership of government securities and bonds of international financial organizations placed on the territory of Ukraine; members of the credit union or other persons can receive loans at the expense of its property; the credit union may receive payments for providing loans and other services to its members, as well as income from other types of statutory activities, may receive monetary and other property donations, charitable contributions, grants, free technical assistance, as well as other receipts not prohibited by law from Ukrainian and foreign citizens (subjects), business entities and the state. Conclusions. It was determined that the main task of credit unions was to provide their members (potential or real entrepreneurs) with cheap credit resources, and additionally – other persons. As a result, credit resources from Ukrainian credit unions are provided in small volumes at higher interest rates than commercial banks. Credit unions compete with pawnshops in many cases, providing microcredits secured by household appliances, precious metal products, etc. The simplest way to remedy the situation was proposed to deprive credit unions of non-commercial status with the possibility of obtaining benefits in taxation of profits by those credit unions that provide at least 50% of their loans to their members to create and develop their own business at interest not exceeding the average interest on loans of twenty largest commercial banks of Ukraine, determined as of January 1 of the corresponding calendar year.
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