Banks and Bank Systems (Apr 2018)
Economic and legal aspects of banking security under European integration intensification in Ukraine
Abstract
The European integration intentions of Ukraine have made changes to the development of its economy and in particular to the financial sphere. Substantially, these changes affected the banking system development, which is a systemic element of the financial and credit market. The essence of these changes manifests itself in the increase of foreign banks presence, the need to implement the EU banking legislation norms and methods of banking business in the domestic practice. All this determines the urgency of the effective development of economic and legal aspects of Ukraine's banking security in the European integration context. From there, the purpose of the article is to clarify the concept of banking security, its main components and levels of development. The report data of the Deposit Guarantee Fund (DGF) and the Prosecutor General’s Office of Ukraine for the last years have been analyzed. It is concluded that the lack of unified reports on the criteria for criminal offenses in the sphere of banking provides a dubious picture of the definite level of these crimes. It also testifies about the lack of control and superficial attitude of the controlling bodies towards the processes of the banking sphere criminalization. It is determined that the DGF indicators do not correspond to those of the Prosecutor General’s Office of Ukraine reports regarding the crimes committed in the sphere of banking. Lack of unified reports as well as the unified terminology and the classification envisaged at the legislative level of these socially dangerous actions complicates identifying the criminological indicators of the crimes in banking. Lack of practice in considering such categories of the cases and the corresponding resolutions of the Plenum of the Supreme Court of Ukraine also does not contribute to the fair court decisions on these matters.
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