Drachevska O. Administrative and Legal Regulation of the Banking System in Ukraine

The dissertation is devoted to the research of the issue of legal regulation of the banking system in Ukraine. Based on the analysis of doctrinal approaches to the definition of banking, it is proposed to understand banking as regulated activities of legal entities for the provision of statutory banking services on the basis of permits (banking license) and the law. The system of principles in the mechanism of legal regulation of banking activity is investigated and the system of principles of banking activity is offered to be supplemented by the principle of accessibility to innovative legal banking services (for example operations with virtual assets) to potential consumers and clients. In order to improve the legal regulation in the field of banking, the need to ensure transparency of banks, improve the regulation of withdrawal of insolvent banks and prevent them for further provision of banking services, improve legal regulation of dealing with non-performing loans. The necessity of developing a strategic document on further development of the banking system and activity of banks in Ukraine is substantiated. Such a document can be a «Strategy for the development of the banking system and activities for the period up to 2030». Based on the analysis of legal norms of legislation, scientific achievements of leading scientists, possible directions of improvement of legal regulation of the banking system in Ukraine are offered. In particular, it is proposed to settle the issue of renewal of a banking license in case of revocation of its court decision, as well as the legal mechanism for withdrawal in such cases of the liquidator – the Deposit Guarantee Fund of individuals. It is also proposed in the Law of Ukraine «On Banks and Banking» to provide for the possibility of renewal of a banking license in case of recognition in court of the illegality of its revocation. It is considered expedient to regulate at the legislative level the issue of bringing to legal responsibility for disclosure of information constituting bank secrecy in case of damage, the amount of which is less than established by the Criminal Code of Ukraine and supplement the Code of Ukraine on Administrative Offenses with Article 166-28.