АДМІНІСТРАТИВНО-ПРАВОВІ МЕХАНІЗМИ РЕАЛІЗАЦІЇ ДЕРЖАВНОЇ ПОЛІТИКИ У СФЕРІ СТРАХУВАННЯ
Description
Insurance activity is a professional commercial activity in the formation, distribution and use of insurance funds to protect the property interests of individuals and legal entities in the event of insured events. This activity is carried out by specialized commercial legal entities (the activity of insurance intermediaries - agents, brokers and other specialists in the insurance market is ancillary, so it does not apply to insurance activities). This activity is subject to legal regulation like any other entrepreneurial activity, with the legal nature of such regulation being in most cases administrative.
The article is devoted to the study of administrative and legal mechanisms of realization of the state policy in the sphere of insurance. The essence of insurance activity and the peculiarities of its implementation have been clarified. The analysis of the ratio of insurance and banking activities.
In Ukraine, non-banking institutions, the most important of which are insurance companies, pension funds, mutual funds and investment funds, are not included in the deposit insurance system for the simple reason that they do not attract funds from the public (or businesses) in the form of deposits.
At the same time, it should be noted that the legal nature of insurance contributions is close to the nature of bank deposits. In both the first and the second cases, money is implied. The goals of placing money in financial institutions of both types are similar: it is to ensure the preservation of funds and income, with income on bank deposits is usually expressed in the form of interest, and in insurance premiums - in the form of insurance premium, which makes the purpose of these investments fundamentally different. Both those and other funds are accepted only by institutions (banks and insurance companies) that have appropriate licenses. Moreover, institutions of both types are obliged to ensure that the funds transferred to them are kept and that their depositors and insurers fulfill their obligations in a timely manner. In both cases, the depositor has the right to claim the financial institution.
Both types of companies are engaged in investing not their own, but borrowed funds, that is, they actually risk not own capital, but someone else's money.
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