System of Public Administration of Currency Trading

The article is devoted to the definition of the system of public administration of trade in
currency values, the problem of theoretical substantiation of its elements, the main types of
manifestations of the administration of this sphere, the study of the subjects of the
implementation of administration functions, the study of the current legislation regulating this
sphere of public-legal relations.
Particular attention is paid to the definition of the content of the category “trade in
currency values”, the disclosure of the legal nature and features of the category “public
administration”, the outline of the approaches to the definition of its content and constituent
elements available in domestic science. The definition of the system of public administration of
trade in currency values ​​and its constituent elements was carried out within the framework of
the instrumental theory in law.
It was established that, taking into account the initial provisions of the instrumental
theory, the instruments of public administration of currency trading in Ukraine should be
considered the norms of the current legislation, which determine the procedure for carrying out,
in particular, the licensing of this activity, its control, taxation, the application of other
management measures, prohibitions in this sphere, activity and law-enforcement acts of public
administration bodies that carry out such management activities are empowered to impose
administrative and financial sanctions. A proper definition of the category “administration of
trade in currency values ​​in Ukraine” is proposed.
It was determined that the administration of trade in foreign exchange values ​​takes place
on the basis of complexity, reasonableness, flexibility of implementation and adaptability to the
conditions of application of control and other measures, the expediency of their application, and
orientation towards the consistent solution of current and long-term tasks of the state's currency
policy.
The peculiarities of the functioning of subjects of the administration of currency trade in
Ukraine, including the National Bank of Ukraine, the Ministry of Economy of Ukraine, the
National Commission for Securities and the Stock Market, the State Tax Service of Ukraine and
the Cabinet of Ministers of Ukraine in general, have been determined.
It was found that the main subject of the administration of the outlined spheres of public
legal relations is the National Bank of Ukraine. It is he who implements administrative,
regulatory, control and other instruments in the field of currency relations. At the same time,
other areas of implementation of the administration are disclosed, in particular, the activity of
public administration bodies within the framework of taxation procedures of the researched
activity is outlined.