Savchuk O. Economic and Legal Regulation of of non-bank credit institutions in Ukraine considering the adaptation to the legislation of the European Union.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102486

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

05-05-2021

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to consideration of the legal nature of non - bank financial (credit) institutions, specifics and state regulation of their activity, and also control over them. The essence of certain types of non-banking financial institutions as subjects of credit services is determined, the problems of the credit services market of non-banking financial institutions are identified and ways to eliminate them are proposed considering account the EU legislation. The complex analysis of information support of the rights of recipients of consumer credits, elimination of the revealed contradictions is carried out and it is offered to conduct the equalization of borrowers of consumer credits both in bank, and non-bank establishments. It is established that the key to enhanced supervision and regulation of the activities of financial institutions in the market of credit services is the raising funds (or bank deposits). The dissertation contains the author 's proposals of improving of the legislation in terms of protection of the rights of consumers of credit services provided by non-banking financial institutions, and the control and supervision of the activities of such institutions. The absence of proper risk-oriented regulation and supervision of loans leads to lack of examination of creditworthiness of the consumer which based on only two documents – passport and questionnaire, which significantly violates the obligation to assess the creditworthiness of the borrower. It is proposed that in case of violations of the rules for providing credit services the non-bank credit institutions are applied sanctions determined by violations, such as increasing the accumulation of providers' reserves in highly liquid assets, introducing a rule of consumers. According to the analysis of the state of corporate governance and court practice, was concluded that at the level of credit unions there is no goal of collectively obtaining a social effect and satisfying the economic interests of its members by mutual lending. The main purpose in most credit unions is the profit received from financial credit services provided to other non-credit union members who formally fulfill the conditions of membership in credit unions. This situation indicates the absence of organizational and legal form of credit unions of any advantages in their activities as a participant in the financial services market. The practical significance of the results of the study is that the conclusions, proposals and recommendations formulated in the dissertation are significant contribution to the theory of economic law and can be used: in law-making activities – to improve the provisions of the Commercial Code of Ukraine and other regulations governing the activities of non-bank financial institutions; in research work – for further research on the problems of legal regulation of lending activities; in law enforcement activities – by applying them in their activities by national law-building bodies when considering relevant categories of cases; in the educational process - in the preparation of curriculums, relevant special courses, writing textbooks of the course "The Commercial law".

Files

Similar theses