Legal regulation of the powers of the Antimonopoly Committee of Ukraine to exercise control in the field of banking activity

Abstract

Control is explained as a systematic verification of the implementation of laws, directives, resolutions and decrees or as state or public measures for the supervision, inspection, accounting of the activities, behavior of natural and legal persons, i.e. control is an inspection in order to ensure the reliability and legality of the actions specified and the process of tracking the actual implementation of plans. Unfortunately, the legal reference literature and the current legislation of Ukraine do not contain a unified approach to the definition of the legal content of the term «control». The Encyclopedia of Law, for example, defines «control» (French controle – check, from Old French contre-role – a list with a duplicate for verification) – as verification of the implementation of laws, decisions, etc. The article examines the place of the Antimonopoly Committee of Ukraine in the system of bodies exercising control in the sphere of banking activity. It is determined that state control is one of the main functions (forms, methods) of public administration. The degree of efficiency of state control, despite the sphere of its implementation, is mainly determined by the quality of legal support of control activities, a certain level of socio-economic and logistical support of state control bodies, the level of mobility and balance of the system of control bodies. It is the balanced construction of the system of state control bodies that is an important prerequisite for the successful functioning of the entire system of state bodies. Analyzing the variety of laws and by-laws, as well as scientific literature on the issue of subjects of control in the sphere of banking activity, it is determined that control over the activities of banking institutions is a complex system, which has two main directions: external control and internal control. Subjects of banking control can be represented both externally (by state and independent regulatory authorities) and internally. The subjects of banking control by the state include: the Accounting Chamber of Ukraine, Control Departments under the Administration of the President of Ukraine, the State Financial Inspection of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the National Bank of Ukraine, the State Fiscal Service of Ukraine, the State Treasury Service of Ukraine, the State Property Fund of Ukraine, state extra-budgetary funds (such as the Pension Fund of Ukraine), the National Securities and Stock Market Commission, law enforcement agencies and others in accordance with the current legislation. Independent audit firms act as subjects of independent control, and the subjects of internal control are the Supervisory Board, the Audit Commission, the Management Board (Board of Directors), functional divisions of the bank, and its internal audit service. The article thoroughly covers the functions of the Antimonopoly Committee of Ukraine of control in the sphere of banking activity, its important role and importance. The article defines the main functions assigned to the Antimonopoly Committee of Ukraine by the current legislation of Ukraine. On the basis of the study, it is established that in case of violation of the current legislation, material and operational-economic liability is provided for business entities in general, and banks in particular. When writing the article, on the basis of the studied material, it is established that the common type of operational and economic sanctions applied by the authorities are: cancellation of licenses and termination of foreign economic operations. And in case of abuse of monopoly position in the market, the Antimonopoly Committee of Ukraine has the right to adopt a resolution on the forced division of monopoly formations.