Проблеми і перспективи правового регулювання аудиторської діяльності в Україні: освітній аспект

The article is devoted to the analysis of legislative initiatives of the Ministry of Finance of Ukraine on legal regulation of audit activities, in particular, in terms of qualification requirements for individuals who intend to carry out audit activities. Currently, the current version of the Law of Ukraine ‘On the Audit of Financial Statements and Auditing Activities’ clearly states that such persons must have a university degree. This is also consistent with the provisions of the current Law of Ukraine ‘On Education’. At the same time, European Union legislation, in particular Directive 2006/43/EC of the European Parliament and of the Council on the statutory audit of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/ EEC, sets less stringent requirements for the educational level of individuals intending to carry out audit activities. Thus, it states that an individual may be admitted to conducting a statutory audit only after reaching the level of education required for admission to universities or an equivalent level, completing a course of theoretical training, practical training and passing a professional competence exam at the level of university graduation examinations or at an equivalent level organised or recognised by the relevant Member State. Among a number of amendments aimed at harmonising the legislation of Ukraine and the European Union, the Ministry of Finance of Ukraine has proposed to amend the current legislation to provide that a person who has an education entitling him/her to enter higher education institutions may be recognised as an auditor or internal auditor. In other words, it is proposed to reduce the level of educational requirements for an individual who may be an auditor compared to the current legal requirements. Based on a systematic analysis of the provisions of the Laws of Ukraine ‘On the Audit of Financial Statements and Auditing Activities’ and ‘On Education’, as well as the International Code of Ethics for Professional Accountants and Directive 2006/43/EC, the author proves that the current provisions of Ukrainian legislation not only do not contradict the legislation of the European Union in terms of requirements for professional auditors, but also contribute to a greater extent to achieving the goal of legal regulation - improving the quality of audit services.