Innovations in the legal regulation of contracts for the provision of financial services
The article is a topic study of the changes in Ukrainian laws that regulate financial services agreements. The study of this issue is caused by the need to improve the efficiency of the legal regulation of customer rights protection when concluding deposit, credit or escrow agreements with banks. The article provides theoretical analysis of the new provisions in the legislative instruments of the National Bank of Ukraine regarding their compliance with the theory of law and the provisions of the legislative acts, including in particular the Civil Code of Ukraine. As a result of the research the authors come to the conclusion that the additional requirements concerning financial services agreements do not include a clear definition of their legal status nor correlate to the established legislative requirements for the agreements of this type. Such ambiguity can influence both the contents of such agreements as well as the process and the result of their conclusion. Taking into consideration that banks usually conclude such agreements by providing prepared forms, the authors analyze whether it is reasonable to distinguish an individual and public part in the contents of such agreements. Consequently, such notions as “individual part” and “public part” of a financial services agreement that are used in the special legislative instrument requires further research. The practical value of the given study consists in the fact that coordination of new regulatory frameworks in the legal regulation of bank agreements should ensure a clearer definition of the provisions in financial services agreements and, as such, it should provide for the legal protection of customer rights in the area of financial (bank) services.