The dissertation is devoted to a comprehensive study of the administrative and procedural regulation of banking activity in Ukraine.
It was determined that today administrative procedural law is a sub-branch of the administrative law of Ukraine, and the concept of "administrative procedure" means the normatively established procedure for consideration and resolution of an administrative case and the adoption of an administrative act, and in some cases, the execution of such an act. At the same time, the qualifying features of the administrative procedure are: 1) legal nature; 2) regulation of both the activity of the subject of public administration and the behavior of private individuals; 3) focus on adoption of an administrative act by a subject of public administration; 4) application for solving a specific administrative case; 5) the main purpose of ensuring the effective implementation of the rights of private individuals and preventing their violation; 6) adoption of an administrative act based on the results of an administrative procedure creates rights and obligations for persons who are outside the public administration system; 7) as a rule, the undisputed nature of the procedure.
The author's definition of the concept of "administrative procedures in the banking sphere" is proposed and their specific features are highlighted: 1) they are used in the sphere of public regulation of the economy; 2) contain norms that regulate the activity of a subject of public administration (the National Bank of Ukraine, the National Commission for Securities and the Stock Market, the Ministry of Finance of Ukraine, the State Tax Service of Ukraine,
the Antimonopoly Committee of Ukraine, the Deposit Guarantee Fund of Individuals, etc.) as well as the behavior of private individuals participating in banking relations; 3) are used to resolve a specific administrative case in the banking sector, as a result of which an administrative act is adopted aimed at acquiring, changing, terminating or realizing the rights and/or obligations of an individual participant in such legal relations; 4) have, as a rule, a non-jurisdictional nature.
It has been proven that the National Bank of Ukraine, as the central bank of the state, has a special status - having all the characteristics of a state executive body, the National Bank does not belong to any branch of government, which is due to its main function - ensuring the stability of the monetary unit of Ukraine. At the same time, the main functions of the NBU include: 1) banking regulation and supervision on an individual and consolidated basis; 2) approval of bank charters, licensing of banking activities, maintenance of the State Register of Banks; 3) currency supervision; 4) supervision in the field of prevention and countermeasures against legalization (laundering) of proceeds obtained through crime, etc.
It has been established that the National Bank of Ukraine, as a classic subject of administrative-procedural relations in the banking sphere, has the right to adopt administrative acts based on the results of a number of administrative procedures with its participation, the leading ones being control and supervision, as at the stage of establishing banks (their licensing), as well as in the process of their functioning and liquidation.
In the genesis of administrative-procedural regulation in the banking sphere, 3 stages are distinguished: 1) pre-revolutionary (before 1917), the characteristic feature of which was the emphasis on the construction of the banking system and procedures for the creation and liquidation of banks; 2) Soviet (1917-1990), when the banking system was a system of state institutions, in which the State Bank was the body of state management and control, as a result of which there was no special need to regulate banking procedures, and individual banking procedures were regulated at the sub-legal level; 3) modern (since 1990), which is characterized by active statutory rule-making by the National Bank of Ukraine as the central bank of the country and a special central body of public administration, which is focused on the formalization of banking activities and the development of administrative and procedural norms regarding the creation and liquidation of financial and credit institutions, control and supervision in the banking sector, etc.
It is substantiated that in the context of administrative-procedural regulation of the creation of banks in Ukraine, it is necessary to allocate four mandatory, and not one, administrative procedures. Such administrative procedures are: 1) the procedure for approval by the National Bank of Ukraine of the Charter of the future bank; 2) procedure of state registration of a legal entity (future bank); 3) the procedure for issuing shares by the National Securities and Stock Market Commission; 4) bank licensing procedure...
