The thesis is devoted to the study of issues related to the current state of administrative and legal regulation of the Deposit Guarantee Fund of individuals in Ukraine and its optimization prospects. The analysis of the legislation of Ukraine, foreign countries and the European Union, as well as the provisions of the legal
doctrine, made it possible to come to the following results of the scientific research.
The study of the content and structure of the administrative and legal status revealed that the majority of scholars distinguish the following elements: functions, tasks, rights, responsibilities, methods and forms of activity.
It was defined the subject matter of the publicity as the feature of the administrative and legal status of the Deposit Guarantee Fund of individuals among other subjects of the banking system management; this subject matter is proved by a number of provisions highlighted in the thesis.
The place of the Deposit Guarantee Fund of individuals in the system of the state management of the banking activity has been determined and a number of features distinguishing it from other subjects-holders of power have been identified.
It was distinguished a number of problems that exist in the administrative and legal regulation of the Fund’s activities relating to deposits reimbursement and withdrawal of insolvents banks from the market. It was proposed to resolve these problems by introducing appropriate changes in the legislation, in particular: to introduce deposit guarantee systems for credit union members and the guarantee of payments under the accumulative life insurance contracts; to expand the number of participants of the Fund and guaranteed deposits, gradually increase the amount of guaranteed deposits in banks; to settle the issue of the procedure of the reimbursement of deposit funds in the branches of foreign banks, to provide opportunities for cooperation of the Fund with the authorized entities of other countries; to assign the powers relating to early response to the Fund plan preparation; allow banks to participate in their development.
Having analyzed the normative documents of a number of foreign countries, which determine the legal status of authorized entities of the deposit guarantee system and international documents, it was established the compliance of the legislation governing the functioning of deposit guarantee schemes in Ukraine with modern European and international practices. However, there are still unresolved issues arising from Ukraine’s obligations to bring the legislation into accordance with the EU standards, in particular, in terms of harmonization of the legislation governing the issues of deposit insurance.
Key words: guarantee system of individuals’ deposits, the Deposit Guarantee Fund of individuals, banking system, administrative and legal status, banking supervision, public administration, banking system management, functions, tasks, competence, withdrawal of insolvent banks from the market, deposit guarantee, early response, resolution plan, recovery plan.
