SPECIFIC FEATURES OF ADMINISTRATIVE LIABILITY FOR VIOLATING REQUIREMENTS OF LEGISLATION ON FUNCTIONING OF STOCK EXCHANGES IN UKRAINE

Анотація

The purpose of the article is to determine the specific features of administrative liability for violating the requirements of legislation on the functioning of stock exchanges in Ukraine.Results.The author formulates the elements of an administrative offence in the field of stock exchanges: 1) an object -public relations in the stock market; 2) an objective party -violation of requirements, procedures and rules of stock exchanges and financial reporting rules; 3) an actor -a stock market participant; 4) a subjective party -intentional or negligent actions that caused violation of legislation on the functioning of stock exchanges or intentional violations of financial reporting requirements.The specific features of administrative cases for violations of the legislation on the functioning of stock exchanges in Ukraine are as follows: -the National Securities and Stock Market Commission is the entity that makes the administrative offence record; -the administrative record is standard and includes information about stock market participants, the essence of the administrative offence, explanations of stock market participants, and other circumstances of the case; -the law establishes a special time limit for consideration of these categories of administrative cases (15 days); -the case is considered in the presence of a stock market participant; -based on the results of consideration of the case materials, the authorised actor may make two types of decisions in the form of a resolution: 1) closure of the case (in case of absence of an offence); 2) conviction of the offender and imposition of an administrative penalty.Conclusions.Administrative liability for violating the requirements of the legislation on the functioning of stock exchanges in Ukraine is a type of legal liability that is imposed on stock market participants in the manner prescribed by law for committing administrative offences related to violations of the requirements of the stock market legislation and the financial reporting procedure, which may result in financially negative consequences for stock market participants.The main specific feature of administrative liability in the field of stock exchanges in Ukraine is the offenders in this field, as the law provides for administrative liability of stock market participants for violating the requirements of the law and administrative liability of officials of the National Securities and Stock Market Commission in case of violation of the law in the exercise of their official powers.The object of an administrative offence by officials of the National Securities and Stock Market Commission is the management procedure in the field of stock exchanges.

Класифікація

Ідентифікатори

Схожі роботи