Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 78
Julio
Septiembre
2023
Recibido el 07/02/23 Aceptado el 16/04/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Vol. 41, Nº 78 (2023), 50-62
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal aspects of the formation,
development and use of human capital in
financial activities
DOI: https://doi.org/10.46398/cuestpol.4178.03
Oksana Nahirna *
Olha Viunyk **
Inna Vysotska ***
Liubomyr Vankovych ****
Nataliia Chapliak *****
Abstract
The main objective of the study was to determine the main legal
aspects of the formation, development and use of human capital
in nancial activities. The subject of the research is human capital.
Dialectical, systemic, logical and historical methods of scientic
knowledge, which guarantee the conceptual unity of the work,
are used to solve the tasks set. Human capital is a specic resource, since
whoever possesses it is both an input and a nal vector of socio-economic
development. Moreover, the activation of an individual’s cognitive potential
in the conditions dictated by modernity is the most powerful factor for
increasing the eciency of nancial activity. Based on the results of the
study, the key aspects of formation, development and utilization of human
capital in nancial activities were characterized. It is concluded that more
research should be devoted to the analysis of the main problems of practical
application of modern methods of human capital development in nancial
activities of the socio-economic system, as a condition of possibility for
multidimensional support of sustainable development.
Keywords: human capital; legal aspects; public nance; nancial
activities; political economy.
* Lviv State University of Internal Aairs, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-
2369-7117
** Central Ukrainian National Technical University, Kropyvnytskyi, Ukraine. ORCID ID: https://orcid.
org/0000-0001-5024-7325
*** Lviv State University of Internal Aairs, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
4252-987X
**** Lviv Polytechnic National University, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0001-8776-
8511
***** Lviv State University of Internal Aairs, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
0926-6035
51
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 50-62
Aspectos legales de la formación, desarrollo y
utilización del capital humano en las actividades
nancieras
Resumen
El objetivo principal del estudio fue determinar los principales aspectos
legales de la formación, desarrollo y utilización del capital humano en las
actividades nancieras. El tema de la investigación es el capital humano. Para
resolver las tareas planteadas se utilizan métodos dialécticos, sistémicos,
lógicos e históricos del conocimiento cientíco, que garantizan la unidad
conceptual del trabajo. El capital humano es un recurso especíco, ya que
quien lo posee es a la vez insumo y vector nal del desarrollo socioeconómico.
Por lo demás, la activación del potencial cognitivo de un individuo en
las condiciones dictadas por la modernidad es el factor más poderoso
para incrementar la eciencia de la actividad nanciera. Con base en los
resultados del estudio, se caracterizaron los aspectos clave de la formación,
desarrollo y utilización del capital humano en las actividades nancieras.
Se concluye que deberían dedicarse más investigación al análisis de los
principales problemas de la aplicación práctica de los métodos modernos
de desarrollo del capital humano, en las actividades nancieras del sistema
socioeconómico, como condición de posibilidad para apuntalar de forma
multidimensional el desarrollo sostenible.
Palabras clave: capital humano; aspectos legales; finanzas publicas;
actividades financieras; economía política.
Introduction
In the context of informatization, globalization and the transition
of developed countries to a post-industrial model of the economy, a
qualitatively new stage in the development of society, the problem of in-
depth understanding of the role of a person and the accumulated results
of his labor, intellectual and creative activity on the pace and quality of
development of the national economy has arisen.
This problem has activated the interest of scientists in studying the
processes of accumulation, preservation, reproduction and implementation
of human capital as a special resource, which is the foundation for ensuring
high economic growth rates. The study, as well as the proper provision of
the general condition, structure and level of development of human capital,
are decisive for the competitiveness, eciency and growth of the national
economy of any country.
52
Oksana Nahirna, Olha Viunyk, Inna Vysotska, Liubomyr Vankovych y Nataliia Chapliak
Legal aspects of the formation, development and use of human capital in nancial activities
The problem of human capital and the importance of understanding its
essence were known to scientists of classical political economy. However,
human capital received special attention as an object of scientic knowledge
in the second half of the 20th century. It was with the help of large-scale
social transformations observed in all areas of life of this period that
there was a need to rethink the meaning of the category “human capital”
in the context of studying its investment potential, the importance in the
formation of an information and modern permanently competitive society.
Human capital, according to the denition of classical economic theory,
is really capital, since it is directly used in the production process, is a
source of future income and added value, and it is called human because
its carrier is an individual (man). However, unlike ordinary capital, its true
value cannot be accurately estimated, and therefore is potential or abstract
until it is put into production. In general, the concept of capital is derived
from human capital, since with its help a person is able to create any capital
in the context of the development of nancial activity.
The fundamental role of the legal aspects of state regulation in investing
in human capital, or its reproduction to ensure economic growth, is
undeniable. At the same time, in view of the post-crisis situation, it is
especially worth considering not only the formation of human capital, but
also its practical use in the context of transformation into the post-industrial
stage of economic development.
The legal problem of the practical realization of the potential of
human capital in the context of the development of nancial activity
directly depends on how well and diversied the conditions for its use are
provided. Of particular importance, both the formation and the provision
of the necessary conditions for the eective use of human capital, is the
institutional factor.
Provision with high-quality institutions contributes to the proportional
distribution of human capital in the sector, which ensures the dynamic,
uniform and stable socio-economic development of the country. Such an
axiomatic statement follows from the fact that properly organized state
institutions carry out reliable protection of property rights (including
intellectual as the main product of the knowledge economy), rely on the
rule of law, eliminate any manifestations of economic discrimination,
maintain an appropriate level of fair competition, and ensure the eective
functioning of economy, free access to factors of production, versatile
supporting production activities.
Thus, not only the formation and development, but also the eective
use of human capital by its owner and the state as a whole depends on the
quality and provision of the country with proper legal institutions. That
is, the presence and functioning of relevant institutions in the country
53
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 50-62
stimulate or, in extreme cases, do not prevent the individual from disposing
of his knowledge, skills, talents and everything else that we call components
of human capital in the context of the development of nancial activity.
1. Materials and methods
The methodological basis of the article is the fundamental provisions of
the development of human capital in nancial activity, the scientic works
of scientists on the problems of legal regulation of nancial activity. To
solve the tasks set, dialectical, systemic, logical and historical methods of
scientic knowledge are used, which ensure the conceptual unity of the work
on the development of human capital in nancial activities. The following
methods were used in the research process: structural-logical, scientic
abstraction, analysis and synthesis, modeling and abstract inference
method. The information base of the study consists of legal documents and
publications on the legal aspects of the development of human capital in
nancial activities.
2. Literature review
Most scientists (Brondizio et al., 2009; Galtung, 1996; Hajikarimi,
2009) note that the concept of human capital is considered in the economy
both in a broad and in a narrow sense. In a narrow sense, human capital is
seen as education. It was called human because education is the property
and part of a person, and capital is because it serves as a source of prot
and needs.
In a broad sense, human capital is acquired as a result of investment
(long-term capital investment) in a person through the costs of educating
and training the workforce in enterprises and seeking information about
improvement, prices and incomes. Human capital is the accumulated
amount of experience, skills, knowledge, abilities, which in the future is
used by a person in a particular area of social reproduction and contributes
to the growth of labor productivity and production in nancial activities.
Human capital in enterprises determines the ability to create, maintain
and increase the competitive advantages of an enterprise and implement
a strategy for the further development of an enterprise through a set of
knowledge and skills of employees, professionalism, management eciency,
health of the enterprise personnel, ability to innovate, legal support.
According to scientists (Leana and Pil, 2006; Makareiko, 2020;
Musatayeva, 2015), the following components of human capital inuence
the achievement of the goals and objectives of an enterprise: education,
work experience, age, professionalism, labor productivity, and many others.
54
Oksana Nahirna, Olha Viunyk, Inna Vysotska, Liubomyr Vankovych y Nataliia Chapliak
Legal aspects of the formation, development and use of human capital in nancial activities
Continuous improvement of any of these components of human capital,
combined with eective management, leads to an increase in the return
of each of these components. The main feature of modern production is
its constant dependence on quality and human capital management, its
application and measures to attract personnel to enterprise management.
High results in the eciency of managing the human capital of an
enterprise can be achieved with the constant development of the state of
human capital, which is directly related to the parameters of the nancial
activity of the enterprise. The development of human capital is also a
continuous investment in people to achieve economic and social growth
in the future. Investing in human capital is largely about investing in
children. Research shows that these investments have very high returns,
far exceeding investments in infrastructure and physical capital.
The development of human capital today is becoming increasingly
important to increase the productivity of the workforce to support the aging
society that characterizes it. Digital technology has rightfully disrupted
every aspect of our lives. It brings permanent and unpredictable changes to
the way we live and work. Today, no one can expect to stay in a specialized
job for their entire career, because perhaps technology will make it obsolete
for a long time. New jobs that didn’t exist yesterday will push everyone out
of their comfort zone to t in with the new jobs created.
3. Research Results and Discussions
Human capital is an integral part of intangible assets that allow an
enterprise to build competitive advantages and achieve ultra-high income.
Human capital today is the prism by which the achievement of the nancial
performance of an enterprise should be assessed. It is also characterized
by one of the strongest advantages in creating the value of a particular
business unit in a competitive market. Its use in the economy is associated
with the direct involvement of an employee who is its carrier and can freely
dispose of it.
However, it is impossible to evaluate human capital on the basis of
traditional nancial statements that do not provide information about the
company’s potential. The legal characteristics of the value of human capital
include: responsibility, work eciency, diligence, identication of a person
with the mission of the enterprise, mobility and accessibility, readiness and
ability to cooperate in a team, a positive attitude towards the hierarchy of
values of the enterprise (Poedynok, 2013).
These are manifestations of features that cannot be assessed in terms of
the formation of the value of the organization. They have their own not only
55
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 50-62
economic, but also a tness aspect. Human capital is the real power and,
in a growing number of businesses, plays an important role in determining
their value, provided that the appropriate capital is used properly.
Human capital management is supported entirely by the cost of personnel
processes - selection, training, evaluation and motivation of employees in
nancial activities. It also aects competitive advantage through its role in
determining the qualications, competence, motivation and satisfaction of
employees, and as a result of the costs of their selection, development and
remuneration. That is, the management of human capital in the enterprise
is the “carrier” of the cost of personnel.
The most important legal element in the development of each enterprise
is its employees, whose peculiarity is that they are constantly changing under
the inuence of biological and social factors. Changes in human capital are
interpreted as a component of its management. The connection between
the enterprise development strategy and human capital management can
be considered in dierent aspects.
Firstly, the development strategy of an enterprise aects the direction
of its personnel policy, in particular, changing the tasks of personnel
management, skills, experience, innovative proposals, incentives, career
advancement, etc. Secondly, the results of the strategic management of
human capital are reected in the consequences of the implementation
of the enterprise development strategy (Pylypenko, 2014; Smirnova and
Temnyakov, 2021).
The main structural legal aspects of the formation and development
of human capital for the socio-economic system in the system of nancial
activity are shown in Figure 1.
56
Oksana Nahirna, Olha Viunyk, Inna Vysotska, Liubomyr Vankovych y Nataliia Chapliak
Legal aspects of the formation, development and use of human capital in nancial activities
Figure 1. The main structural legal aspects of the formation and development of
human capital for the socio-economic system in the system of nancial activity.
Source: Formed by authors.
Regulatory and legal aspects of strategic planning are largely based
on the correct ordering of strategic decision-making and coordination of
activities in dierent areas and at dierent levels of management. The main
condition for integrating the sphere of human capital management with the
development strategy of the enterprise is to set clear goals in this area and
other areas of the enterprise, such as production, marketing, nance, etc.
Goals and certain measures are the basis for assessing their eectiveness
in nancial activities. A unied approach to the assessment of all areas of
the enterprise, including human capital management, is consistent with
the established concept of monitoring all key aspects of the development
strategy against the background of the achievement of the tasks set.
The enterprise development strategy determines the direction, pace and
methods of development of the entire organization, setting the direction
for industry and functional strategies. Strategies for the activities of the
enterprise should answer the question of how to succeed in a particular
industry or in a particular market. In turn, functional strategies, among
which are production, marketing, nancial, investment, human capital
management, determine the methods for implementing the development
strategy and industry strategies in terms of individual functions of the
enterprise.
Human capital management, being a functional strategy, must meet
the regulatory and legal aspects of the enterprise development strategy
57
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 50-62
in terms of goals and structure. This involves determining the place of
specic employees in order to ensure certain positions in the organization,
corporate culture, recruitment and development (Sylkin et al., 2021; Sylkin
et al., 2021; Tereshchenko, 2019; Vanova, 2016).
The directions of human capital management are closely correlated with
the strengthening of the competitive position in the external environment
and nancial activities. The implementation of specic strategies requires
human capital management systems adapted to them - in some cases, the
emphasis is on innovation, in others on experience and routine nancial
activities. Yes, a diversication strategy requires adapting pay systems
to the specics of the industry, and a dierentiation strategy encourages
creativity. A specialization strategy focuses on the values associated with
customer satisfaction, a cost-benet strategy focuses on identifying lean
areas (Vrublevska, 2016; Zakharchenko, 2020).
Employees are a strategic resource through which an enterprise creates
a competitive advantage, core competencies and functions that distinguish
it from competitors. The human resource consists of the competencies of
managers and employees, their knowledge, skills, motivation, behavior and
attitude to work. Human capital is developed through constant investment.
The nature of its changes is determined by the fact that the completion
of one stage is the beginning of a new one, which is the starting point for
further changes.
The model of legal support for the formation and development of human
capital in the system of improving the eciency of the company’s nancial
activity is shown in Figure 2.
58
Oksana Nahirna, Olha Viunyk, Inna Vysotska, Liubomyr Vankovych y Nataliia Chapliak
Legal aspects of the formation, development and use of human capital in nancial activities
Information about
the progress of the
stage A2
Information about the
progress of the stage
A3
Analysis of the current state of
human capital development
Countering the main threats
Implementation of new
regulations
A1
A2
A3
Mechanisms
of state
administration
State regulation
Control over the progress of the
stage
A2
Control over the progress of
the stage
A3
Control over the
progress of the
stage
A1
Current legislation Environment
Information about the
progress of the stage A1
The results
The results
Resource
support
Figure 2. The model of legal support for the formation and development of
human capital in the system of improving the eciency of the company’s
nancial activity.
Source: Formed by authors.
Strategic legal management of human capital is an integrated approach
to its management. Traditional methods of human capital management
are based on the assumption that employees belong to the enterprise. The
development of this resource consists in lowering the level of turnover and
ensuring (for example, through a system of material incentives, shaping a
career path) employees’ loyalty to it. Meanwhile, in the conditions of the
modern economy, human capital is becoming more and more mobile.
Enterprises increasingly source talent from the external market. So
today the problem is not to limit mobility, but to use it to create an internal
talent market. Any actions in this regard, in the process of implementing the
strategy, should be based on determining the demand for talents needed by
the enterprise, and in the future, the implementation of various schemes
for attracting them, taking into account the characteristics of various
groups of employees. According to the concept of strategic management of
human capital, the latter are interpreted in the context of a potential source
of competitive advantage.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 50-62
This concept treats sta as an asset that is inuenced by the external
environment and especially competition in the labor market, which cause
long-term eects. It is based on the need for interconnection with the
overall development strategy of the enterprise, its organizational structure,
corporate culture, values, the need for more active actions - to anticipate
the development of events, and not just respond to changes in the external
environment. The purpose of the strategic management of human capital
is, rst of all, to determine the directions and methods of its use to achieve
the goals of the organization and, as a result, increase the value of the
enterprise.
Theoretical considerations on the development of human capital and
investment in this capital as part of an enterprise development strategy
allow us to draw a number of conclusions that are of practical importance
for enterprises. First of all, it should be noted that, regardless of size, each
enterprise must develop a strategy for the development of its activities.
The problem of forming a development strategy for enterprises is that they
often do not analyze the market in which they operate, and therefore do not
want to invest in the development of competencies that, in their opinion,
are not of decisive importance to them.
As for laying the means of birth and upbringing of future generations,
we also see certain problems and diculties. Trying to adopt the experience
of other states in supporting young families and helping babies, our country
faces problems in adapting these innovations, which is primarily due to the
corruption of the entire economic and political systems. Another form of
investment in human capital today is the cost of fundamental scientic
developments. In the process of development of science, intellectual
innovations are created and people themselves are transformed as economic
entities, acting as carriers of new abilities and needs.
In today’s information and legal society, science is turning into a kind
of generator of «human capital». And from here follows another problem
of the development of human capital in enterprises, namely the problem of
investing in the innovative development of enterprises. Now there is such a
situation that many enterprises are not able to allocate enough investment
resources to nance innovative development or are simply not interested
in it. Referring to the problems listed above, we also note that sometimes
the management of enterprises in our country do not understand the
signicance and importance of investing in the development of human
capital. It should be noted that it is due to the development and eective
use of the human capital formed at the enterprise.
Employers are the subjects of economic and legal relations that are
directly involved in the processes of human capital management at the
micro level, it is they who form and develop human capital by increasing
new key competencies, that is, those professional and personal qualities
60
Oksana Nahirna, Olha Viunyk, Inna Vysotska, Liubomyr Vankovych y Nataliia Chapliak
Legal aspects of the formation, development and use of human capital in nancial activities
necessary for an employee to occupy a particular position. The forms of legal
development of personnel are the increase in the level of competence of
employees that they already possess, on the basis of training and retraining
of personnel, advanced training and professional experience.
As a conclusion, we note that also at the present stage of development
of the economy of our country, moral stimulation of labor is of particular
importance. It is the moral and nancial stimulation of labor that is a special
socio-psychological phenomenon that can satisfy a person’s needs for social
recognition. Scientists list many methods of inuencing the motivation of
employees, which can and should be used by company managers to establish
the eective use of human capital.
Summing up the above, we note that among the main problems of
developing the human capital of enterprises is investing in healthcare,
education, upbringing and the creation of an eective system of motivation
and encouragement of employees to increase the return on the use of
existing human capital.
Conclusions
Summing up, it should be noted that the motivation and stimulation
of intellectual work in the context of budgetary restrictions on nancing
the innovation sphere involves the creation of real market mechanisms
for converting new knowledge into product or technological innovations,
the readiness for innovations of managers and entrepreneurs, the creation
of conditions for a constant increase in value and the return of national
human resources.
The combination of market motivation for intellectual activity and
legal state support for fundamental innovations requires the involvement
of new subjects of the innovation process that are economically interested
in the high social results of intellectual labor. Not every investment in a
person can be called an asset in human capital, since the nature and types
of investments in a person are determined by historical, national, cultural
characteristics and traditions.
By solving the most important strategic political task of this study and
improving the development of the national economy through the formation
of reproductive sources of economic growth of human capital and the
mechanism for its use. An analysis of scientic views on the economic
essence and characteristics of human capital suggests that human capital
is a set of economic relations regarding investments in knowledge, skills
and abilities of a person, contributing to the growth of his productive force,
acting as a leading element of social reproduction, the central source of
sustainable development. national economy.
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The creation of a qualitatively new workforce in nancial activities can
serve as an objective basis for progressive changes in the country’s economy,
the deployment of intellectual capital and the transition to an innovative,
socially oriented development model. But a signicant obstacle is the actual
approval of a rigid liberal model with its inherent features - an increase
in the share of market services in the areas of education and healthcare,
which does not correspond to world trends. The decisive inuence on the
competitiveness of human capital is exerted by the level of entrepreneurial
management as a manifestation of initiative, proposal of new ideas, nding
non-standard solutions and ways to implement them. For restructured
companies, it becomes necessary to form a new type of manager, change
the management paradigm.
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Vol.41 Nº 78