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Fraudulent Schemes in the Financial Market (Financial Pyramids) – Detection and Prevention

100%
Čunderlík Ľ.
Financial Law Review
|
2021
|
issue 21(1)
16-30
PL
This contribution deals with fraudulent schemes in the financial market. The main aim of the contribution is to provide main identifying features of fraudulent practices that prove to be a financial pyramid. The author summarizes in one place numerous features that indicate the financial pyramid (Ponzi scheme), especially operating on the financial or capital market. He concludes, the state of play of legislation regarding the features is insufficient. The hypothesis to confirm or disprove is there is no uniform legal provision covering all features of the pyramid scheme in Slovakia, the relevant legislation is limited to the prohibition of certain practices, which a priori may not constitute a pyramid scheme.
2

K NEDOSTATKOM PRÁVNEJ ÚPRAVY NÚTENEJ SPRÁVY (NIELEN) NAD BANKOU

100%
Čunderlík Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 1
31 – 43
EN
Bank-receivership represents a strict limitation for shareholders rights and competencies of all bodies of the related bank. It is a reorganisation and restructuring measure which may also impact upon the existing rights of the third persons, including the possibility of suspension of disposal by depositors of their deposits and the suspension of payments and clearing in a bank subject to forced administration. Upon introduction of forced administration, the execution of functions shall be suspended for all bodies of the bank and officers of the bank and the duties of the board of directors and the supervisory board are transferred to the forced administrator of a bank. At the same time, the rights of shareholders are suspended to the specified extent, except for the right to participate and vote at a general meeting convened by the forced administrator of a bank. During this time, the term of office of members of the statutory body and the supervisory board does not elapse. The author deals with the several significant application problems arising specially in the legal regulation of bank-receivership performance, also known as forced administration over a bank, according to Slovak Act on Banks. At first, he provides short introduction into legal regulation of forced administration and in accordance with its purposes and intentions gives proposals for appropriate amendments in systematic order of Slovak Act on Banks. Consequently deals with partial application problems as following: introducing forced administration over a branch office of a foreign bank from non EEAState, the Fit and Proper assessment of forced administrator of a bank, deputy administrator of a bank and their hired professional advisor for receivership purposes, professional competence and integrity of persons appointed as forced administrator and deputy administrator of a bank by the National Bank of Slovakia (NBS) as the financial market supervisory authority, conducting of rights and duties of forced administrator of a bank pursuant to provisions of Act on Banks, etc.
3
Publication available in full text mode
Content available

Fraudulent Schemes in the Financial Market (Financial Pyramids) – Detection and Prevention

100%
Čunderlík Ľ.
Financial Law Review
|
2021
|
vol. 21
|
issue 1
16-30
EN
This contribution deals with fraudulent schemes in the financial market. The main aim of the contribution is to provide main identifying features of fraudulent practices that prove to be a financial pyramid. The author summarizes in one place numerous features that indicate the financial pyramid (Ponzi scheme), especially operating on the financial or capital market. He concludes, the state of play of legislation regarding the features is insufficient. The hypothesis to confirm or disprove is there is no uniform legal provision covering all features of the pyramid scheme in Slovakia, the relevant legislation is limited to the prohibition of certain practices, which a priori may not constitute a pyramid scheme.
4
Publication available in full text mode
Content available

Fraudulent Schemes in the Financial Market (Financial Pyramids) – Detection and Prevention

100%
Čunderlík Ľ.
Financial Law Review
|
2021
|
vol. 21
|
issue 1
16-30
EN
This contribution deals with fraudulent schemes in the financial market. The main aim of the contribution is to provide main identifying features of fraudulent practices that prove to be a financial pyramid. The author summarizes in one place numerous features that indicate the financial pyramid (Ponzi scheme), especially operating on the financial or capital market. He concludes, the state of play of legislation regarding the features is insufficient. The hypothesis to confirm or disprove is there is no uniform legal provision covering all features of the pyramid scheme in Slovakia, the relevant legislation is limited to the prohibition of certain practices, which a priori may not constitute a pyramid scheme.
5

ANALÝZA VYBRANÝCH ASPEKTOV COLNÉHO DOHĽADU A ZODPOVEDNOSTI ZA PORUŠENIE COLNÝCH PREDPISOV

63%
Čunderlík Ľ., Šimonová J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 5
470 – 486
EN
Customs supervision is a complicated legal regime. It implies activity of customs authorities, which ensure compliance with customs rules and other legal provisions applicable to goods subject to customs supervision. The definition of customs supervision isn´t in customs Act, only provides range of activities that are carried out by customs supervision. Given the fact that customs supervision is an activity which is administer by public authorities, the denomination „supervision“ is incorrect. Theoretically, the supervision is generally considered to be an activity that is entrusted to an independent body. Therefore, it is appropriate to apply the concept of surveillance or control in terms of performance „state“ supervision. The customs supervision introduces customs control, subsequent control, customs procedure or other procedures of the customs authorities within the meaning of the Customs Act. The customs control consists in comparing the declared state with a real situation (direct control of the subject) and legal state (according to customs regulations). Subsequent control may be performed to the customs authority within three years from the end of the year in which incurred a paying duty or goods were assigned a customs -approved treatment or use. The subsequent control is also important in terms of check data archives and in terms of control previous customs declarations. Customs procedure is a procedure that aims to determine whether and under what conditions the goods that are imported, exported or transported through the territory of the Slovak Republic, released for the customs procedure or is assigned to other proposed customs-approved treatment or use. Relationship of customs procedures and proceedings before the customs authorities is not synonymous – it is a special relationship. Each customs procedure is proceedings before the customs authorities, which is substantively broader category, in terms of scope and diversity of activities. The customs supervision may also perform other procedures of the customs authority. In particular it is procedure suigeneris to handle goods specially designated. In case of violation of customs regulations applies institute of liability at the level of administrative law or criminallaw. The authors analyze the basic theoretical questions of customs supervision and liability for breach of customslegal provisions. They also show some theoretical inconsistencies, particularly in the definition of fundamental issues that they subsequently characterize.
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