Mariia Plotnikova

The responsible teachers of Jean Monnet projects “European standards for protection of rights of consumers of financial services”

List of publications:  Publons, Google Scholar

Abstracts of Publications:

1. Plotnikova, M. (2014) Legal Acts of the National Bank of Ukraine as the Means of the State Regulation of the Banks Activity in Ukraine (PhD dissertation). V. M. Koretsky Institute of State and Law of the National Academy of Science of Ukraine. Kyiv. Ukraine.

The dissertation is an integrated study of the theoretical and practical aspects of the NBU issue of the legal acts, which are the means of the state regulation implementation of the banks activity in Ukraine.

It was analyzed and defined the concept meaning of the NBU legal acts; it was identified and characterized their inherent features; it was done the classification of the NBU legal acts. It was stressed that the variety of the NBU legal acts is caused by the essence of the NBU authority as the subject exercising state regulation of the banks activity, it provides for creation, application and implementation of the legal norms.

It was characterized law-making, construing, recommendation activity of the NBU and consequently issued legal acts, which are the means of the state regulation of the banks activity in Ukraine. The activity sphere of the normative-legal acts of the NBU was determined, the conditions of becoming operative and the annulment of the normative-legal acts of the NBU were analyzed, and the propositions on the improvement of the legal regulation of the issue and publication of the normative-legal acts of the NBU were given. The regulatory activity of the NBU was analyzed and it was suggested to extend the list of the NBU functions that provide for the issue of the NBU regulatory acts. The peculiarities of the NBU acts in comparison with the administrative acts of other government authorities were examined in the thesis; the drawbacks of the legal regulation of the issue and annulment of the NBU individual acts were determined.

It was analyzed the contractual regulation of the banks activity, which provides for making contracts between the NBU and banks to implement the indicative methods of the banks activity regulation. The contracts, which are the instruments of the state regulation of the banks activity, were defined and characterized.

Key words: legal acts, the National Bank of Ukraine, legal means, state regulation, normative-legal document, regulatory activity, individual acts, construing activity, recommendation norms, contractual regulation.

2. Plotnikova M.V. Banking system of Ukraine: legal bases stability ensuring, Kherson State University Herald. Series “Legal Sciences”, 2015, No.2, Vol. 2,  pp. 165–169. Available at: http://www.lj.kherson.ua/2015/pravo02/part_2/35.pdf

Legal principles ensuring the stability of the banking system of Ukraine are characterized in the article.

There is no definition of the concept of “stability of the banking system” in Ukrainian banking legislation. The criteria for determining instability are also uncertain. The existing banking legislation is analyzed and powers of public authorities to assess the stability of the banking system and the impact on it in order to achieve stability characterized. The stability of the banking system is ensured by the National bank of Ukraine. The National bank of Ukraine cooperates with the Deposit Guarantee Fund to ensure the stability of the banking system. Two modes of ensuring the stability of the banking system are established in Ukraine – general and special (if there are signs of an unstable state of the financial system). The Financial Stability Council has the right to confirm the presence of signs of instability in the financial system. The author concludes that the criteria for instability of the banking system necessarily need to be standardized.

Key words: banking system, stability of the banking system, state regulation of banking, National Bank of Ukraine, Council of the Financial Stability.

3. Plotnikova M. Some issues of expanding the self-organizing fundamentals of collective management of property copyright and (or) related rights, Entrepreneurship, Economy and Law, 2016, Issue 11, pp. 39–43. Available at: http://pgp-journal.kiev.ua/archive/2016/11/9.pdf

Normative and self-organizing principles of collective management of copyright and (or) related rights are analyzed in the article. Relationship of management of copyright and related rights that arise in contractual and legally between copyright holders and collective management organizations are characterized in the article.

Normative principles prevail over the self-organizing principles in the field of collective management of property copyright and (or) related rights at the present time. Relations in the field of intellectual property rights should be deprived of excessive state influence. Private interests in the field of intellectual property must be ensured first and foremost. Therefore, the sphere of realization of copyright and (or) related rights needs more opportunities to independently establish subjective rights and obligations. The above will make it possible to consider the individual needs of rights holders. Therefore, the need for expansion of self-organizing principles of regulation of these relations is justified.

Key words: property copyrights, property related rights, property rights management, collective management organizations, self-organizing principles of civil relations.

4. Plotnikova M.V. Use e-learning for teaching legal disciplines, Legal horizons. –2017, Issue 3, pp. 54–59. Available at: http://law-review.sumdu.edu.ua/wp-content/uploads/2018/05/Issue-3-2017-1…

The author examines the capabilities and uses of e-learning for teaching legal disciplines. The author emphasizes the importance that have advanced technology in modern life as a whole, and in particular lawyer. This is one reason for the need to use modern information technologies in preparation for future lawyers. Based on the study made in the legal literature approaches to the feasibility of using e-learning to teach certain subjects, examined the feasibility of individual e-learning, including multimedia learning technologies, electronic books, public information resources. The main areas of application such as open educational resources online courses and web tools for organizing training or knowledge control characterized. The ability to use existing available web tools for learning or knowledge check exempt institution from having to immediately develop their own software to implement training and control of knowledge. The functioning of a platform for the development and support of distance learning courses at SSU, the appropriateness of its use for teaching legal disciplines is analyzed by the author. The importance of using legal information resources as learning tools grounded. Finally, the ability to work with legal databases, database of court decisions, etc. increases the ability to self-work and analysis skills of legal information.

The study author emphasizes that the use of e-learning in teaching legal disciplines not only individualizes learning and facilitates the presentation of educational material and increases the skills of independent search and analysis of future lawyers. As a result, it creates conditions for “lifelong learning”, which is the key to maintaining a proper level of professional lawyers: professional training of lawyers; e-learning; open educational resources; open information resources; Distance Learning.

5. Plotnikova M.V., Kalusenko А.І. Prudential supervision of the professional participants in securities market: concept and content, Juridical scientific and electronic journal, 2017, No 6. Available at:  http://lsej.org.ua/6_2017/68.pdf

It’s been recognized that the government needs to regulate the stock market. The scope and content of such influence is forming an essense of the government control of the stock market. The stock market participants are issuers investors self-regulatory professional organizations. Among listed above entities the self-regulatory organizations are the ones to have the government control in the stock market since the credibility of their performance influences the market stability. In order to achieve such stability the National Securities Commission adopts prudential regulations for the participants. It must be noted that the control over participants will be unsecured for the lack of supervision. That’s why the Comission has a right to implement prudential supervision over the stock market entities in order for the participants to comply with the regulations. Based on the definition analysis of the prudential regulations in the financial stock markets which is written in the law and offered in the economic and legal literature, the purpose and understanding of the regulations over the stock market participants is defined. Thanks to the implementation of the prudential regulations by the self-regulatory professional organizations of the stock market the financial discipline is ensured.

Based on the analysis of the laws it’s determined that the essence of the prudential regulations of the stock market lies in the interaction between the National Commission on securities and stock market and participants in connection with a control over the compliance of the prudential regulations and balance them in accordance with the statutory requirements in case of the deviation. It should be understood that the measure system under the prudential control over the participants by the National Commission on securities and stock market directed to comply with the legal requirements, level of the creditworthiness of the professional participants and factors. It is influenced by the stability analysis of the stock market and implementation of measures for the participants to prevent their inability to pay in order to protect investors and to stabilize the stock market.

Key words: prudential supervision, securities market, professional participants in securities market, prudential standards, stability of securities markets.

6. Sergey I. Degtyarev, Mariia V. Plotnikova, Lyubov G. Polyakova, Jasmin Gut The Development of the Public Education System in Northeastern Ukraine in the Period Spanning the 18th and the first half of the 19th сenturies. European Journal of Contemporary Education, 2019, 8(4): 931-942. DOI: 10.13187/ejced.2019.4.931

Рaper represents a brief survey of the public education system in northeastern Ukraine in the period spanning the 18th and the first half of the 19th centuries. The authors explore some of the key national and regional characteristics of the development of the education system in the region. The paper identifies three major periods in the development of the public education system in northeastern Ukraine in said timeframe. The 1st period runs to the mid-18th century. During that time, the area had in operation a network of primary, secondary, and higher educational institutions attended by members of all social categories. Their operation was regulated by the government, while the content of education they provided was based on the European pedagogical tradition. The 2nd period is associated with a set of administrative transformations implemented in the Russian Empire in the second half of the 18th century. That being said, the national characteristics of education in the lands of Leftbank Ukraine gradually faded away. The 3rd period (the first half of the 19th century) is characterized by greater government regulation of the activity of educational institutions. The government would finally install an education system uniform for all regions within the Russian Empire. Educational institutions in northeastern Ukraine would be transformed in such a way as to become part of the imperial education system, while some would cease operation altogether.

7. Плотнікова М.В. Окремі питання свободи вираження поглядів в інтернеті у світлі практики ЄСПЛ. Права людини – пріоритет сучасної держави: збірник матеріалів Всеукраїнської науково-практичної конференції. Одеса, 2021. С. 380–385. (Certain issues of freedom of expression on the Internet in the light of ECHR practice)

The Internet has become the main way for citizens to express their views, especially given the restrictions related to preventing the spread of Covid-19. These platforms are mainly social networks (Facebook, Instagram, TikTok, etc.), platforms such as YouTube, which allow you to upload videos yourself, and news sites where you can leave comments. The author analyzes the ECHR case-law under Article 10 of the Convention on Freedom of Expression on the Internet and Article 8 on respect for private life. In relation to publications on the Internet, the ECtHR applies the previously developed criteria for the admissibility of interference with private life to determine the balance of the right to freedom of expression and the right to respect for private life. By publishing materials on the Internet, the user may become the object of criticism, and the greater the publicity of the author of the publication, the greater the public importance of the discussion of these publications and the more likely it is that value judgments will be made. In order to determine whether a violation of the Convention has occurred in the case of support or dissemination of a publication controversial in this context on a social network, it is necessary to assess the content, form and consequences of such actions. 

8. Руденко Л.Д., Плотнікова М.В., Швагер О. А. Споживачі фінансових послуг: концептуальні засади визначення поняття в контексті модернізації господарського законодавства України. Правове забезпечення ринкових відносин в умовах громадянського суспільства: збірник наукових праць. Випуск 4. Київ, 2021. С.155-163. (Consumers of Financial Services: Conceptual Principles of Definition in the Context of Modernization of Commercial Legislation of Ukraine). URL:https://hozpravoreposit.kyiv.ua/bitstream/handle/765432198/118/Правовезабезпечення ринкових відносин в умовах громадянського суспільства.pdf?sequence=1&isAllowed=y

The signing of the Association Agreement with the EU set Ukraine faces a number of harmonization tasks national legislation in the field of financial services EU law and the definition of the category “consumer of financial services “in national law. The presence of a different categorical apparatus in economic and civil law, other than national legislation understanding “consumer financial services “at the level of secondary acts of the EU indicate on the expediency of clarifying the category of “consumer financial services”.

9. Maria V. Plotnikova, Vladyslava M. Zavhorodnia, Sergey I. Degtyarev, Lyubov G. Polyakova The Role of Decisions by the European Court of Human Rights in Shaping the Content of New Media Literacy Education. International Journal of Media and Information Literacy. 2021. 6(2): 376-386. DOI: 10.13187/ijmil.2021.2.376 https://ijmil.cherkasgu.press/journals_n/1640647370.pdf

This paper aims to explore the case law of the European Court of Human Rights in the area of regulating the activity of online media, as well as establish the information, axiological, and legal potential of the Court’s decisions for shaping the content of new media literacy education. Insight is provided into a set of factors governing the need for adopting new conceptual approaches to establishing a sound legal framework for the operation of contemporary social media. The authors analyzed the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights dealing with the correlation and balance between the right to freedom of speech and expression and the right to privacy and the protection of the honor, dignity, and reputation of physical and legal persons. The authors singled out a set of legal provisions that need to be particularly focused on and promoted as particularly facilitative of the development of media literacy among both professional journalists and ordinary social media users who can create and/or distribute media content.

10. Плотнікова М.В. Цифрова інклюзія у контексті забезпечення права людини на рівність. Реформування правової системи в контексті євроінтеграційних процесів : матеріали VІ Міжнародної науково-практичної конференції (м. Суми, 19–20 травня 2022 року). Суми, 2022. С. 335–337 (Digital inclusion in the context of ensuring the human right to equality)

The improvement of technical capabilities affects all areas of human activity, including public administration. Thanks to the development of information technologies, conditions are created for the processes called digitalization of public administration. The author analyzes Ukrainian legislation on the use of information technologies in the interaction between public authorities and citizens. The digitalization of public administration, which does not take into account the different possibilities of access to the Internet for citizens living in large or small cities or in rural areas, with different levels of income or trust in the digital environment, creates the risk of a digital divide and inequality of citizens. Ensuring human rights is the task of the state, so when formulating state policy in the field of digital transformation, digital inclusion should be included.

11. Плотнікова М.В. Роль Банку розвитку Ради Європи у соціальній інтеграції біженців та осіб, які потребують тимчасового захисту. Електронне наукове видання «Аналітично-порівняльне правознавство». 2022. № 5. С. 429–434. URL: http://app-journal.in.ua/wp-content/uploads/2022/12/81.pdf The role of The Development Bank of The Council of Europe in the social integration of refugees and persons in need of temporary protection.

The article deals with a common problem for the member states of the Council of Europe related to a large number of displaced persons who find themselves in a new society, which determines the processes of integration of refugees and persons in need of temporary protection. Due to the aggression of the Russian Federation, there is a new wave of displaced persons in European countries who, in accordance with EU law, may be granted the status of a person in need of temporary protection. It is determined that integration is a process that should be influenced through the implementation of appropriate public policies. Integration of migrants and persons in need of temporary protection will make their social exclusion impossible. To accelerate the integration processes, the States need resources, one of the sources of which is the Council of Europe Development Bank. The legal status of the Development Bank of the Council of Europe, which is a financial institution whose main purpose is to perform social tasks, in particular to solve problems related to the presence of refugees, is investigated. The Council of Europe Development Bank was established through the signing of a partial agreement of the Council of Europe, which allows states to choose to participate in this agreement or not. It is advisable for Ukraine to become a member of the Council of Europe Development Bank in order to use the appropriate financial mechanisms to realize the rights of internally displaced persons. The sources of formation of the fund and directions of their use are determined. One of the target funds of the Council of Europe Development Bank is the Migrants and Refugees Fund, which supports the member states of the Council of Europe Development Bank in accommodating migrants and refugees arriving on their territory by providing grants and loans to these states. This provides additional resources for the social integration of refugees and persons in need of temporary protection. These resources are needed for social assistance, accommodation of these persons, medical care, language courses, etc. that will ensure their social integration into the society of the host country. Thus, the Development Bank of the Council of Europe is an element of the system of guarantees of the rights of refugees and persons in need of temporary protection, helping member states to implement policies of integration of these persons.