Foreign experience of legal support of circulation of precious netal and stones: prospective of borrowing for Ukraine
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
The article analyzes foreign experience of legal securing of circulation of precious metals and precious stones. The peculiarity of the sphere of precious metals and stones is the regulation of their circulation not only the domestic law of a particular country, but also international law. Clarified international standards on the regulation of the jewelry industry. Stated that the legislation which regulates the circulation of precious metals and stones, in foreign countries have both common and fundamentally different features. The laws of foreign countries differ in terms of the regulation of extraction, production, use and control of such metals and stones. The legal framework regulating relations in this sphere are the rules of the constitutions of the countries of the special normative-legal acts, certain provisions of the sectoral legislation, and in Anglo-Saxon legal system judicial and administrative precedents. The system of legislation in this area was largely determined by the state structure of a country. Moreover, for a long time was the dependence relations in the sphere of extraction and production of precious metals and precious stones from the rights of land ownership. In all mining countries, the structure and content of the "mountain law" depends on the degree of state influence in this sector by establishment of the special administrative-legal regime of subsoil use. Called destructive factors that inhibit the development of the studied sector. The attention is focused on possible ways of borrowing advanced foreign experience for Ukraine, in particular with regard to: harmonize existing legislation in the "jewelry" of the industry in compliance with international requirements; the compulsory establishment of the authorized body of the state assay control; development afranga the production of precious metals; documentary registration of operations with diamonds that can speed up the certification process and increase the efficiency of public services in this area; creating a Single portal of geological information; strengthening criminal and administrative liability for violations of the rules of operations with precious metals and stones.
Authors and Affiliations
Valeriy Romanov
Keywords
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