ТЕОРЕТИКО-ПРАВОВИЙ АСПЕКТ ПОНЯТТЯ ТА МІСЦЯ ГРОШЕЙ В ЦИВІЛЬНОМУ ПРАВІ

Abstract

The article provides a legal analysis and description of the essence of the concept of "money" in civil law. It turns out that in the doctrine of civil law of Ukraine there is still no single understanding of the conceptual concept - "money". There is also a heated debate in the legal literature as to whether money should be considered as an institution of civil law. Is there a possibility and legal grounds to relate the concept of "money" to the classification of things or property. Despite centuries of research and a large number of theoretical concepts of money, humanity today does not have an unambiguous and definitive answer to the question of what money is. Representations that did not cause doubts in some social conditions, with the change of the latter came into conflict with reality and were rejected. The article analyzes the economic and legal concept of "money". Money is a multifunctional economic form by means of which value accounting, exchange, payments, and value accumulation are carried out.

Money is one of the most important sections of economics. They are much larger than a simple tool that promotes economic development. A well-functioning monetary system promotes both full capacity utilization and full employment. Conversely, a poorly functioning monetary system can be the main cause of sharp fluctuations in the level of production, employment and prices in the economy. Money is a category of commodity production and commodity circulation. They have a commodity origin and express certain production relations between commodity producers regarding the exchange of products of labor through the market. In money as a general equivalent is embodied directly the social nature of labor. They make it possible to measure public spending and the results obtained. The general legal and economic order of money classification is determined. The legal analysis of the norms of the civil legislation of Ukraine concerning the legal regime of money is carried out. The authors gave an approximate definition of the concept of "money", taking into account current trends and changes in economic development. Extensive research of the outlined topic makes it relevant not only at the doctrinal but also at the law enforcement level.