Проблеми Законності (Dec 2019)
To the question of the need to strengthen the responsibility of the National Bank of Ukraine
Abstract
The article is devoted to the investigation of particular problems that characterize the current state of the Ukrainian legislation in terms of establishing the legal responsibility of the National Bank of Ukraine, as well as highlighting some promising directions of its modernization in this direction. It proved that scientific developments of the Institute of Legal Responsibility of the National Bank of Ukraine and its officials for actions / inactivity, in particular in case of deterioration of financial condition (financial instability), have not spread so far. In order to prevent subjectivism to the legal assessment of the NBU's actions in the regulatory area, it is the need to establish a clear correlation of the measure to be applied by the NBU to a commercial bank, with the: degree of danger of actions or inactivity of the bank; possible consequences of such actions or inactivity for commercial bank customers, etc. The necessity of strengthening the NBU's preventive function with the purpose of preventing the further transfer of legal responsibility to the clients of commercial banks is substantiated. The situations, where the property and other assets of the NBU may not be enough to satisfy claims for damages, are requires а proper solution. It is proved that the complexity of resolving the issues of legal liability of the NBU is inextricably linked to the deficiencies in the legal status of the latter, which makes it necessary to carry out additional research in this direction. Some of the proposals contained in this study to resolve the contradictions in the legislation of Ukraine in the area of legal responsibility of the NBU may receive more thorough scientific development in further studies.
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