Administrative and legal regulation of banking activity: problem statement
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
In the realm of banking activity, there function legal relations which are included in a subject of regulation of the various branches of law. Among the branches of national law, administrative law is one of the few ones which directly or indirectly affects a majority of the legal relations. The main idea of the article is an attempt to separate the part of the relations in the area of banking activity where an administrative and legal regulation is carried out. The study of the concept and content of the administrative and legal regulation of banking activity should be started with an analysis of the concept of a higher level of scientific synthesizing, such as “legal regulation”. In the field of bank activity a legal regulation is implemented by means of the rules related to civil, administrative and financial law. The article gives a detailed analysis of the features of the administrative and legal regulation, such as mandatory participation in the relations of a public administration body, juridical inequality of the parties, a specific method of the regulation, through statutory framework of existence of the relations. Using the particular features of the administrative and legal regulation and with the help of a classification of the bank legal relations, there has been allocated a part where an appropriate type of the legal regulation is implemented. The administrative and legal regulation occurs in the situations arising in connection with: the State registration and licensing of banking activity, bank compliance with the particular standards as well as obtaining certain permissions and agreements, implementation of bank supervision by the National Bank of Ukraine, accountability for violation of the requirements of Law of Ukraine on Banks and Banking.
Authors and Affiliations
Л. О. Васильєва
Keywords
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