Voznyakovska K. Economic and legal regulation of banks' insolvency relations

The dissertation contains scientific positions and scientifically substantiated conclusions in the field of the theory of economic law, which solve an important scientific problem of developing an integral theoretical and legal concept of the law of bank insolvency as a sub-branch of economic law. It is substantiated that autonomy in the field of bank insolvency based on economic law is conditioned by a specific type of relations, special sources of their legal regulation, methods of legal regulation, principles, special legal regime, specific grounds for recognition of transactions invalid and other system-forming elements. Relationship with the branch, maternal form of existence of law – the branch of economic law – allows you to conduct research and legal regulation of bank insolvency with tried and substantially valuable methodological tools. It is proposed to replace the concept of banking payment inability with the notion of bank insolvency, based on the content of the bankruptcy procedures, the breadth of the basic problems and insolvency of banks the presence of problem bank, brought to the level of «non-return». The concept of revision of the bank’s insolvency mechanism based on ensuring the stable functioning of bank liabilities during the period of weakness, insolvency of the bank and its liquidation with the definition as a secondary objective of preserving the bank as an economic entity (restoration of its solvency) is substantiated. The necessity to allocate in the structure of state monetary and credit policy as a state economic policy the state policy for order to prevent insolvency of banks and to smooth out the consequences of recognition of banks as insolvent and their liquidation is substantiated.