is a need for prediction of economic, political, and other consequences of the proposed
system;
- To define fundamental approach for the creation of a regulation system of the
circulation of financial derivatives which needs to be determined and whether it will
be improved on the basis and principles of the current legislation of Ukraine, or will
separately be developed a system of legal regulation that requires adoption of new laws
and regulations and the introduction of fundamental changes and additions to existing
ones.
Most experts follow opinion that the current legislative field is rather confusing,
contradictory and does not allow creation of an efficient stock market of financial
derivatives.
Formation of the legislative field that ensures the development of the financial
derivatives market can be achieved through the integrated implementation of the
following measures:
1) Adoption of special laws which will regulate the circulation of financial and
commodity derivatives. These laws should regulate trade, settlements and fulfillment
of obligations on all derivatives on organized markets; that is apply only to standard
stock exchange instruments – futures contracts and options, and over-the-counter
markets – forwards, swaps, options and other contracts. In particular, it is necessary
the next:
•
to define the terminology of trade by derivatives on stock exchange and over
exchange platforms;
•
to establish the state body which will be responsible for the full regulation of
trade both financial and commodity derivatives, all its tasks, functions and
competences;
•
to determine the requirements for specification of stock financial derivatives;
•
to determine the requirements, functions and responsibilities of stock
exchanges in which financial derivatives may be traded;
•
to define the requirements, functions and responsibilities of clearing
institutions that will handle transactions with financial derivatives in the stock market.
2) Bringing into compliance with the above-mentioned laws and other regulations
directly or indirectly related to the circulation of financial and commodity derivatives
on the stock exchange and the over-the-counter markets.
3) The harmonization of regulations on the trade by financial derivatives
according to international regulatory system, especially as regards the treatment of
transactions, calculations, taxation of transactions with financial derivatives.
Improvement of Ukrainian stock market with the help of stock consolidation.
The use of foreign experience of trade by financial derivatives in Ukraine is a
prerequisite for effective implementation for the integration processes on the financial
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