Legal nature of the payment account agreement in the civil legislation of Ukraine

Abstract

Since the Law of Ukraine «On Payment Services» introduced in 2022, the Law of Ukraine «On Payment Services» is being introduced to the legislation of Ukraine, the state of low normative legal acts of the EU, in the wake of the provisions of the Directive (EU) 2015/2366 in 2015 internal market, that about the introduction of changes to Directives 2002/65 / С, 2009/110 / ЄС and 2013/36 / ЄС and Regulation (ЄС) No. 1093/2010, which skasovy Directive 2007/64 / ЄС. that the pre-emptive provisions of the Law, Chapter 72 of the Central Committee of Ukraine will be supplemented by par. 3 «Payment rakhunok» (Articles 1076.9, 1076.10). I’ll look at the introduction of the meaning of the advancement of civil legislation, as it will be introduced at once from the introduction into the Law. The aim of the article. On the basis of the analysis of Ukrainian legislation, EU legislation, scientifi c advances in the sphere of civil law and banking legislation, to the standards of Ukrainian legislation, how to regulate the payment agreement. To achieve the goal of setting up the contract: 1. Conduct an analysis of the legal nature of the payment agreement. 2. Viznachiti sp_vvvіdnoshennya agreement of payment rakhunku іf agreement of bank rakhunku. 3. Viznachiti norms according to the agreement of the bank account, as it is subsidized to be fi xed up to the agreement of the payment order. Results. SOCA those scho power law regulyuvannya klієntskih bankіvskih rahunkіv prisvyachena-valued Quantity NAUKOVO publіkatsіy of Ukrainian іnozemnih avtorіv that, in the same hour okremih doslіdzhen legal regulyuvannya contract platіzhnogo rahunku in ukraїnskіy tsivіlіstichnіy nautsі not conducted through vіdsutnіst in tsivіlnomu zakonodavstvі Ukraine konstruktsії this contract. Appointed, due to the implementation of the legislation of Ukraine, the norms of Directive 2015/2366, will increase the need for such scientifi c advances. Conclusions. Agreement of a payment rakhunka є by the type of a bank rakhunka agreement, which type of rakhunka shall be accepted as a type of such rid. Instruction of the contract is an agreement on the provision of payment services, which is characterized as follows: wine is consensual, bilateral, can be paid or free of charge. Oskilki, arranging the agreements of the bank’s rakhunka, the parties and passing through the meta (the state of the non-cash transactions, cash transactions too), the agreements of the payment rakhunku should be brought up to the causal rights. As a matter of fact, the agreement can be either stringless or stringless. Uninvolved on those scho h. 1 tbsp. 65 The law will establish depriving the right of non-bank payment of payment services for the approval of payment services, by virtue of Part 3 of Art. 1076.9 of the Central Committee of Ukraine, that part 2 of Art. 1067 of the Central Committee of Ukraine the agreement of a payment rakhunka is close to a public agreement, but in practice we can keep up with the model of the agreement. On the basis of the agreement of the bank rakhunku, the instructions of the agreements, according to the Law, are characterized by the following: a) a special sub-warehouse. With a non-bank charge of payment services for a payment agreement, you can install (including small payments), the operator of the mail order, install the electronic pennies, accredited by the Ukrainian branch of the Ukrainian payment, the last payment , overridden in clauses 1 – 3 h. 1 tbsp. 5 of the Law included by the National Bank of Ukraine to the Registry of Payment Infrastructure. We can corroborate both physical and legal individuals (resident and non-resident), albeit on the view of the bank’s agreement on the basis of the agreement of a bank rakhunku, such a clerk cannot be a legal person –a non-resident; b) the hour of the knowledge of costs for the payment rakhunka of the koristuvach, the law is deprived of the hour necessary for a specifi c payment operation; c) the increase of interest on the surplus of cash on the payment rakhunka of the koristuvach is imperatively fenced off by law; d) don’t compromise on the status of the deposit and do not miss the guarantees established by the Law of Ukraine «On the system of guaranteeing deposits of physical assets». On vіdmіnu od tsogo Act nadaє nebankіvskim nadavacham platіzhnih poslug lishe right zabezpechuvati zberezhennya koshtіv koristuvachіv Shlyakhov strahuvannya vlasnoї vіdpovіdalnostі on vipadok nemozhlivostі vikonannya fіnansovih zobov’yazan before koristuvachami, abo zabezpechuvati takі Costa bankіvskoyu garantієyu in the minds scho give zmogu koristuvacham otrimati od strahovoї kompanії abo bank -Guarantee of vidshkoduvannya in size, equivalent to the sum of financial crops’yazan. Key words: payment account, payment account agreement, bank account agreement, payment institution, fi nancial institution, bank, non-bank fi nancial institution, monetary obligations, interest.