Сфера гарантування вкладів фізичних осіб як об’єкт адміністративно-правового реглуювання

Abstract

Soloviova N. А. Field guarantee of deposits ofindividuals as an object of administrative and legalregulation. – Article.The article reveals the connection of the depositguarantee system of individuals with the banking systemand determines their relationship. Attention is drawn tothe fact that both are relatively separate elements of thefinancial system of the state, have in common a complexnature of the legal nature of relations and provide acombination of elements of both private and public law.Taking into account a certain subsystemic nature of thedomestic system of guaranteeing deposits of individualsin relation the banking system of Ukraine, a visionis formulated on the distinction between private lawand public elements of legal relations in both areas. Onthe basis of theoretical generalization and comparativeanalysis, the elements that provide the main functionsof the deposit guarantee system of individuals andrequire an administrative and legal method of legalregulation are identified. An approach the allocation ofadministrative legal relations within the banking sphere,which are available in the field of guaranteeing deposits ofindividuals and are inherent only in it, is formulated. Theauthor's approach definition of object of administrativeand legal regulation of sphere of guarantee of deposits ofphysical persons, its delimitation from a subject is offered.The purpose of the study is analyze the scope ofguaranteeing the deposits of individuals as an objectof administrative and legal regulation, determinethe approach its separation from the subject of legalregulation and its significance.It is concluded that the administrative legal relations toensure the effective functioning of the deposit guaranteesystem of individuals is the object of administrative andlegal regulation in this area. According their content,the norms of administrative law regulate public relationsregarding the implementation of the Fund's DepositGuarantee Fund's powers regulate, supervise and controlthe activities of banks participating in the Fund, withdrawinsolvent banks from the market and liquidate them in casesestablished by the Law of Ukraine On System guaranteeingthe deposits of individuals to ensure the effectiveness ofits operation. This approach provides for stability in thefield of guaranteeing deposits of individuals, stimulatingbanking activities and protecting the interests of depositorsin removing insolvent banks from the market and theirliquidation, precisely because of the administrative and legalregulatory impact on this area by the Deposit GuaranteeFund as an independent special state institution