FOUNDATIONS OF EMERGENCE, MODIFICATION AND TERMINATION OF INFORMATION BANKING LEGAL RELATIONS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue
Abstract
The article analyzes the reasons of emergence, modification and termination of banking legal relations. Attention is paid to the fact that legal facts, i.e. events and actions provided for by the rules of the Banking law are related to emergence, modification and termination of banking relationships. The analysis of existing definitions of legal facts allowed highlighting their essential features: different life circumstances, conditions and facts; they are defined by the rule of law hypothesis; are the basis for emergence, modification and termination of relationships; are provided by state coercion. Accordingly, a generalized definition of legal facts is suggested. Legal facts are the rule of law provided by a hypothesis, life circumstances, conditions and facts, the presence or absence of which entails certain legal consequences - the emergence, modification or termination of the legal relationship. It is noted that the information banking relationship may exist only between specific individuals; legal facts serve as a “connecting link” between the rule of information law and subjective rights and duties of a specific subject. It is emphasized that the rule of information law only creates the legal possibility of emergence, modification or termination (is a prerequisite for) of information banking legal relation. Instead, legal facts implement the possibility of the development of information banking legal relation provided by the rule of information law, namely - according to the requirements of the rule of law entail legal consequences - emergence, modification or termination of information banking legal relations. The features of the manifestation of the general properties of legal facts in information and banking area are revealed, the features of these facts in the information and banking law are discovered, the features of the status secured by hypotheses of the rule of information and banking law are determined. In its turn, this led to the conclusion that the legal facts can be described as the specific circumstances that occur in the information sector of banking, manifested in the presence or absence of certain phenomena of the material world and carry information about the state of social relations that make up the subject of legal regulation of information law in the field of banking activities and directly or indirectly provided for by the rule of information and banking law fixed in the legislation procedural form provided by law and result in legal consequences.
Authors and Affiliations
Т. О. Чернадчук
Keywords
Related Articles
- EP ID EP444361
- DOI -
- Views 105
- Downloads 0
HISTORICAL AND LEGAL ANALYSIS OF ADMINISTRATIVE LIABILITY FOR VIOLATION OF FINANCIAL CONTROL REQUIREMENTS
The article is focused on the historical and legal analysis of the implementation and application of administrative liability for violation of financial control requirements in Ukraine. The author has studied legislation...
PROHIBITION OF TORTURE AT INTERNATIONAL AND PUBLIC LEVELS MIGAL ROMAN VASILYEVICH
In the article, the author criticizes the norms of legislation of Ukraine, as well as different countries in the context of protecting human rights against torture. Particular attention is paid to special international l...
PROSPECTS FOR LABOUR COURTS IN UKRAINE
The author of the article believes that a qualifying division of labour disputes into the disputes over rights and disputes over interests should become an important issue of formation and development of labour justice i...
TO REVIEW THE DEVELOPMENT OF CIVIL PROCEDURAL LAW OF CERTAIN FOREIGN COUNTRIES
The author draws attention to the overall value of the European Community, as a major inter-state union that is a key and strategic partners of Ukraine at the present stage, the ability to take account of this experience...
TO THE QUESTION OF THE COMPONENTS OF THE RUSSIAN NOBLEMAN’S STATUS (ON THE EXAMPLE OF OFFICIALS OF THE KHARKOV PROVINCE, WHO ACHIEVED THE 8TH RANK)
At the end of the 18th century, the russian nobility finally became a privileged estate. Formally, all the nobles had equal rights. But in their environment there was an internal hierarchy. The place of a nobleman in thi...