Поняття міжнародної фінансової організації
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Date
2017
Authors
Шереметьєва, Ольга Юріївна
Sheremeteva, Olga
Шереметьева, Ольга Юрьевна
Journal Title
Journal ISSN
Volume Title
Publisher
ТОВ "Юрінком Інтер"
Abstract
In the article the approaches of scientists and of the legislator to definition of «international financial organization» have been analyzed, on the basis of the analysis of the views of lawyers on the concept of international and international economic organization, the author suggests the definition of «international financial organization» for further scientific discussions with the aim of elimination of the flaws in national legislation, legal science and legal practice.
So, our country is actively cooperating with several international financial institutions,
in particular with the International Monetary Fund, The World Bank, the European Investment Bank, etc., as well as with international non-governmental financial organizations. But the concept of «international financial organization» is not yet in the national legislation of our state, although the legislator quite often operates with this term.
It is generally accepted that international financial organizations are a kind of international organizations in general, and international economic organizations, in particular. However, it should be noted that in the science of international law is still not established definition of an international organization.
We consider that the science of international law are formed two approaches to the definition of international organization. According to the first (classical) approach international organization is understood in the narrow sense, namely as international intergovernmental (interstate) organizations. According to the second approach of the international organization understand in the broad sense, namely as international intergovernmental (interstate) and/or international non-governmental organization.
Considering the definition of international financial organizations, first it is worth noting that in legal science and, consequently, in Ukrainian legislation there is no clear unique name of this term. For example, some lawyers use the term «international credit organization», «international monetary and credit organizations» and the like.
Such a variety of views of scientists even at the name of the term, which defines these international institutions, indicates the absence of a single universally accepted scientific approach to this legal category. This situation complicates not only the legal definition of the content of legal norms in the text of normative-legal acts and also the law applicable practice.
But it is worth noting that the text of some international treaties and legal acts of Ukraine in recent years prevails the term «international financial organization», which, from our point of view, most conforms to the purposes, functions, contents and main directions of activities of this kind of the international organizations.
Description
Keywords
international organization, international economic organization, international financial organization, kinds of the international financial organizations, international conference, international law, international economic law
Citation
Шереметьєва О. Поняття міжнародної фінансової організації / Ольга Шереметьєва // Юридична Україна. – 2017. – № 2–3. – С. 58–64.