Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

scholarly journals Banking in Ukraine as an object of criminal and legal protection

2017 ◽  
Vol 12 (4) ◽  
pp. 114-120 ◽  
Author(s):  
Mykola Kurylo ◽  
Alyona Klochko ◽  
Gennady Timchenko ◽  
Andriy Gulyk
Keyword(s):  
Criminal Law ◽  
International Institutions ◽  
Banking Sector ◽  
Legal Protection ◽  
Electronic Payments ◽  
Accounts Payable ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation ◽  
Holding Responsible

Banking institutions spend a lot of money and use various resources to ensure both their activities’ security and their customers’ security. States and international institutions make significant efforts in this regard. But, unfortunately, this cannot always completely protect bank or client from attackers (lawbreakers). This problem is not only of technical, economic and informational character, but also legal. The article deals with issues of ensuring the criminal law protection of banking in Ukraine. Current criminal legislation of Ukraine, and draft regulations as to the holding responsible for crimes in banking sector are analyzed. The proposals as to criminalization of actions dangerous for a society in the field of banking activity are put forward: illegal obtaining of a loan; willful evasion of satisfaction of accounts payable; improper execution of the bank deposit contract terms; abuse of authority in banking; fraud with bank electronic payments.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

scholarly journals INCREASING EFFICIENCY OF THE BANKING INSTITUTIONS ACTIVITY

2018 ◽  
pp. 92-103
Author(s):  
Zhanna DOVHAN
Keyword(s):  
Customer Service ◽  
Business Processes ◽  
Banking Sector ◽  
Banking System ◽  
System Optimization ◽  
System Structure ◽  
Loyalty Programs ◽  
Effective Work ◽  
Banking Activity ◽  
Banking Institutions

Introduction. The problems of banking efficiency improvement have become very important in the conditions of economic instability and the period of increasing competition in banking services market. It is being changed both the banking system structure, and the business processes which were formed in it. Such changes demand the new approaches to reserves searching and banking system optimization objects. The innovation in the banking sector, methods of innovative bank development are the main in modern conditions. The purposeof this article is to identify the need to develop and apply innovative approaches in banking institutions to ensure their effective operation. Results. The article deals with the theoretical and practical principles of ensuring the efficiency of banking activity. It is characterized the main tendencies of the risk manifestation violation of banking activity efficiency. The trends of an effective development and the long-term growth of banking sector nowadays are described. The ways of formation and implementation of the innovative aspects of bank effective work providing system are analyzed. Special attention is paid to the importance of the cooperation between banks and financial companies. Conclusions. The problems of the banking system providing efficiency can be addressed customer service innovative technologies and the new products and services implementation, such as: to use the advanced hardware and software, to increas efficiency of personalization and channel optimization, digital and biometric identification, to use the large data, intellectual property and expanded analytics, credit marketplays, and artificial intelligence, to improv integrated multi-channel delivery and new loyalty programs.

scholarly journals LEGAL REGULATION OF THE AGE OF CRIMINAL LIABILITY IN THE CONTEXT OF NOVELLING CRIMINAL LEGISLATION

2018 ◽  
pp. 73-78
Author(s):  
Yevgeny Petrovich Kim
Keyword(s):  
Necessary Conditions ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Psychological Characteristics ◽  
Legal Analysis ◽  
The Subject ◽  
A Minor ◽  
Criminal Legislation ◽  
Warning Effect

The subject of the study is the criminal responsibility of minors as an independent institution of criminal law. The purpose of the analysis is to reveal the peculiarities of bringing a person to criminal liability. The methodology of the study is based on a combination of formal legal and comparative legal analysis, which made it possible to establish criteria for assessing the age of criminal responsibility. The main results of the study contain conclusions on the achievement of a certain age by a person as one of the necessary conditions for recognizing a crime as a subject. The specifics of the criminal liability of minors are due to the age and socio-psychological characteristics of this group of persons, the incompleteness of the formation of their personality, the best receptivity to punitive and educational measures. Taking into account the characteristics of a minor acquires special significance when choosing the necessary measure of a criminally-legal, educational nature. The chosen measure of impact with minimal costs of criminal repression should give a warning effect.

scholarly journals Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

scholarly journals Too Much Technology and Too Little Regulation? The Spectacular Demise of P2P Lending in China

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Ding Chen ◽  
Simon Deakin ◽  
Andrew Johnston ◽  
Boya Wang
Keyword(s):  
Banking Sector ◽  
Central Government ◽  
Focal Point ◽  
Banking System ◽  
Internal Controls ◽  
Banking Activity ◽  
P2p Lending ◽  
Fundamental Uncertainty ◽  
The Government ◽  
Specific Regulation

Abstract In this paper we trace the rapid growth and spectacular demise of online peer to peer lending in China. Drawing on a series of interviews conducted in China in 2017 and 2018, we follow the expansion of the sector from the establishment of the first major platform in 2007, through the introduction of limited regulation in 2015 in response to a series of platform failures to the final de facto closure of the whole sector by the regulator in 2019–20. However, contrary to claims that technology would reduce risk, the new platforms appear to have given rise to new risks by connecting dispersed borrowers and lenders whilst the regulator had decided to leave the sector to evolve without specific regulation. While there were hopes that P2P lending might increase flows of finance to the SMEs that are excluded from the formal banking system, ultimately too much of the activity on the P2P platforms was characterised by what we term ‘transactional ambiguity’ and ‘legal fluidity’: it occurred on the fringes of legality, often amounting to Ponzi schemes, fraud or unlicensed banking activity. In contrast to the banking sector, where their intermediation role ensures that banks are the focal point in the event of borrower default, and conventional moneylending, where moneylenders bear the risk of default, defaults and platform failures in the P2P sector distributed losses far and wide around the country, often to lenders who were not capable of bearing them. Whilst the central government did not formally stand behind the P2P sector (as it does with banks because of the systemic implications of their operations), the government could not help but become involved where P2P lending transmitted losses to lenders who were dispersed around the whole country. Ultimately, central government announced a wholesale reversal of policy that led to the sector effectively being closed down. The episode cautions against overly optimistic claims that technology can eradicate the risks of fraud and fundamental uncertainty inherent in lending, and reminds us that, without appropriate regulation and adequate internal controls, financial institutions will always operate in ways that result in instability.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Corporate Criminal Liability for the Criminal Offences in Lithuania

2020 ◽  
Author(s):  
Tomas Girdenis ◽  
Marius Laurinaitis ◽  
Irmantas Rotomskis ◽  
Raimundas Jurka
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Financial Reports ◽  
The Supreme Court ◽  
Illegal Activities ◽  
Material Advantage ◽  
Corporate Criminal Liability ◽  
Limited Scope ◽  
Legal Entities

Abstract Cases, where operations of legal entities entail unfair income through the malpractice of improving financial reports, are quite frequent. Such behaviour is unacceptable and deserves a stern response from the state, not only against persons involved in illegal activities but also against particular legal entities resorting to such behaviour. The purpose of this article is to analyse the elements of corporate criminal liability in the legislation of Lithuania. The article investigates the fundamentals of corporate criminal liability with the major focus on the problems of distinction and applicability of relevant elements of the latter. The analysis emphasizes the assurance of the inevitability of corporate criminal liability. The article also discusses the method of criminalizing the liability of legal entities, chosen by the Lithuanian legislator, according to which criminal liability can arise only for a limited scope of criminal offences. Presumably, the current legal regulation enables an unreasonable avoidance of criminal liability in cases where the criminal offence falls outside the aforementioned limited scope, even though it was committed to gain a material advantage over the affected party. The article also addresses the guilt of legal entities. In this regard, the article criticizes the approach of the Supreme Court of Lithuania for its evident limitation of corporate criminal liability, especially in the context of large corporations owned by many shareholders. As a possible solution, it was proposed to lay criminal responsibility on corporate governance bodies instead of the shareholders.

scholarly journals Transformation of the Ukrainian banking system regulation: a new horizon of compliance with the international framework

2019 ◽  
Vol 14 (4) ◽  
pp. 22-33
Author(s):  
Lyubov Khudoliy ◽  
Oleg Bronin
Keyword(s):  
Systematic Approach ◽  
Banking Sector ◽  
Global Financial Crisis ◽  
Banking System ◽  
Basel Iii ◽  
Banking Supervision ◽  
Macroeconomic Shocks ◽  
Bank Supervision ◽  
Banking Institutions ◽  
The Global Financial Crisis

This article discusses the latest methodological recommendations of the Basel Committee on Banking Supervision developed in response to the effects of the global financial crisis and known as Basel III. The purpose of the study is to explore scientific approaches to justifying bank regulation as a key condition for overcoming the economic crisis and improving financial sustainability. The object of research is Basel III instruments that will be implemented in the bank regulatory policy of Ukraine. The systematic approach and systemic thinking used in the article allow one to substantiate the expediency of Ukrainian banking institutions’ governance based on the risk-oriented approach and to determine the strategy of bank supervision for the next 1-3 years. The study evaluates the results of stress testing of the largest banks in Ukraine. Thus, the results confirm that the banking sector in Ukraine is sufficiently capitalized in the absence of macroeconomic shocks, but in case of a crisis, some of these banks are not protected. Therefore, the article formulates recommendations for improving the regulation of these banks, the phased implementation of Basel III, the application of new principles, standards, tools and methods, corporate governance and risk management in Ukrainian banks.

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

2021 ◽  
Vol 2 (02) ◽  
pp. 143-155
Author(s):  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
Sahat Benny Risman Girsang ◽  
Herlina Manullang
Keyword(s):  
Environmental Pollution ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Legal Protection ◽  
Corporate Management ◽  
Library Research ◽  
Responsible Corporate Officer ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

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