Shynkar M. Economic and legal basis for the prevention of bankruptcy (insolvency) and the forced liquidation of banking institutions

The dissertation proposes a new approach to determining the criteria for the grounds and conditions for bankruptcy (insolvency) and the forced liquidation of banking institutions on the basis of a pluralistic interpretation of the insolvency and refusal of the dualistic conception of its understanding. It is proved that such an approach involves taking into account the peculiarities of the development of the national economy, the socio-economic relations of a macroeconomic nature, the individual causes of insolvency, and the peculiarities of the functioning of each debtor's bank.The paper proposes a new mechanism for financial rehabilitation of banking institutions, which provides their independent investment by the National Bank of Ukraine through a specially created fund and a management company. We consider it appropriate to fix the proposed model of financial rehabilitation of banks at the legislative level by introducing appropriate changes to the laws of Ukraine "On Banks and Banking" and "On the National Bank of Ukraine".