ПРАВОВЕ РЕГУЛЮВАННЯ ПЛАТІЖНОЇ ПОСЛУГИ В УКРАЇНІ

Abstract

The payment market of Ukraine has undergone significant changes in regulation in accordance with the Law of Ukraine "On Payment Services", which came into effect on August 1, 2022. As a result, instead of one payment service, the relevant law provides for ten payment services. Due to new types of services, the activities of payment service provider are going to vary and lead to different business models of activities. Consequently, there is a need to investigate the payment service in accordance with the Law of Ukraine "On Payment Services" as a separate object of legal regulation. The article examines the approaches to determining the nature of the term "service", and establishes which of the approaches is used in the payment service regulation. This article considers and systematizes payment services by different features. On the basis of features of the payment service, they could be categorized and can be identified as a separate object of legal regulation. These 10 new payment services are classified by the legislator according to different criteria, but at the same time they have one common feature: each payment service is directly or indirectly related to actions related to the transfer of money. Depending on the type of payment service, different requirements are applied to their provision in order to ensure the safety of the funds of clients of payment service providers. Payment service providers may also have different activity requirements that are proportionate to the risks inherent in a particular type of activity. With the help of a comparative analysis of scientific achievements and the legislation of Ukraine, as well as on the basis of isolated features of the payment service, it has been established whether it is possible to assert a separate regulation of the payment service. A definition of the term payment service is proposed, which can be used both in practical and academic areas.