1. ПРОБЛЕМНІ ПИТАННЯ ПРАВОВОГО РЕГУЛЮВАННЯ СУСПІЛЬНОГО НАГЛЯДУ ЗА АУДИТОРСЬКОЮ ДІЯЛЬНІСТЮ В УКРАЇНІ
- Author
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Ю. В., Циганок
- Subjects
INTERNAL auditing ,FINANCIAL statements ,PUBLIC officers ,AUDITING fees ,GOVERNMENT business enterprises - Abstract
The article is devoted to the search for ways to resolve certain topical issues of legal regulation of public oversight of audit activities in Ukraine. In particular, there is a legal uncertainty in the part of financial and legal relations concerning the financing of activities of the bodies authorized to exercise public oversight of audit activities at the expense of contributions from audit entities providing audit services to certain specified categories of legal entities and their associations. It is substantiated that it is the shortcomings of legal technique made by the legislator when amending the Law of Ukraine 'On Audit of Financial Statements and Auditing Activities', which came into force on 1 January 2023, which led to legal uncertainty regarding the amount of fixed fees paid by audit entities to the Public Oversight Body for the provision of audit services to political parties receiving funding from the State budget, State-owned enterprises (except for those which are microand small-scale enterprises), and also to the fact that the latter are not subject to the requirements of the law. As a result, the Public Oversight Body may open unreasonable disciplinary proceedings against audit entities and impose penalties at the discretion of the public oversight officials with discretionary powers. Based on a systematic analysis of the provisions of the Law of Ukraine 'On Audit of Financial Statements and Auditing Activities', the author provides a doctrinal interpretation of these provisions on payment of contributions and concludes that legal uncertainty arose as a result of the shortcomings of legal technique made by the legislator in the course of drafting these provisions. The author proposes to introduce appropriate amendments to the relevant law which would eliminate this legal uncertainty. Prior to introducing the relevant amendments, the author substantiates the need for the Ministry of Finance of Ukraine as the State regulator in the field of audit activities to provide an official interpretation of the current rules. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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