DOI: 10.7256/2454-0706.2015.7.10743

Abstract: The subject of this research is the status of the CBRF, which in author’s opinion is rather ambiguous. Determination of the Central Bank’s status, its tasks, rights, and responsibilities is necessary in order to ensure that the national banking industry will have a stable and problem-free functionality. The author claims that practically all doctrinal opinions characterize the Central Bank either as a branch of government authority (although exactly which, remains unclear), or as a non-commercial organization. In author’s opinion, none of these approaches can be considered optimal in determining the status of the Central Bank and maintain its functions and principles of operation. Researching and analyzing current proposals of scholars with regards to solution of issue of status of CBRF, the author proposes an original option of codifying the status of the CBRF by passing the law “On Legal Entities under Public Law”, which will stipulate the criteria for becoming a legal entity under public law. Passing this law would resolve the complications and indeterminacy of the status of CBRF, as well as other organizations legally defined as legal entities under private law, while formally conducting executive activity on a nationwide scale.

DOI: 10.7256/2454-0706.2015.7.42610

Abstract: The subject of this research is the status of the CBRF, which in author’s opinion is rather ambiguous. Determination of the Central Bank’s status, its tasks, rights, and responsibilities is necessary in order to ensure that the national banking industry will have a stable and problem-free functionality. The author claims that practically all doctrinal opinions characterize the Central Bank either as a branch of government authority (although exactly which, remains unclear), or as a non-commercial organization. In author’s opinion, none of these approaches can be considered optimal in determining the status of the Central Bank and maintain its functions and principles of operation. Researching and analyzing current proposals of scholars with regards to solution of issue of status of CBRF, the author proposes an original option of codifying the status of the CBRF by passing the law “On Legal Entities under Public Law”, which will stipulate the criteria for becoming a legal entity under public law. Passing this law would resolve the complications and indeterminacy of the status of CBRF, as well as other organizations legally defined as legal entities under private law, while formally conducting executive activity on a nationwide scale.

DOI: 10.7256/2454-0595.2015.4.13427

Abstract: The subject of the research includes social relations appearing in the result of public (state) management. The article considers various theories of public management definition and its subjects. The author analyzes the functions, aims and goals of public management. When defining the subject matter of public management execution the author emphasizes the inclusion of recognized legal entities of public law as the state authorized entities. Legal entities of public law are considered in the article as subjects executing state administration, particularly exercising administrative authorities and functions. The author uses the comparative-legal metod by means of comparison of different stages in the succession of public management execution; and by means of comparison of different theories of public management. The article considers the construction of a legal entity of public law as a subject participating in the execution of public management. Authorizing legal entities of public law with particular functions and goals of public-authoritative character the state yields its own competences to subordinate branches (executive bodies, the Central Bank, state corporations). Therefore the author suggests the recognition of legal entities of public law as parts of public authority and competences redistribution. 

DOI: 10.7256/2454-0595.2013.9.9605

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DOI: 10.7256/2454-0595.2013.4.7610

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DOI: 10.7256/2454-0595.2013.4.7653

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