National and International Financial Market Regulation and Supervision Systems: Challenges and Solutions

The regulation of finance is central to the growth and development of every economy. Financial regulation determines the overall character of the financial system, the relationship between borrowers and savers, the allocation of capital, and the macroeconomic performance of the economy. Financial market regulation is distinct from regulation of other sectors of the economy because of the essential infrastructural role of finance—all other sectors of advanced economies depend on the financial system. Despite its enormous importance, financial regulation normally has low political salience. Except in times of crisis, most voters—and therefore politicians—have relatively little interest in the matter. This can be attributed in part to the complex and technical nature of financial markets and regulation, which relatively few people understand well. Low political salience facilitates a regulatory process that is very heavily shaped by regulators (technocrats) and the industry they regulate, with only minor direction from elected political leaders. In the long history of capitalism, bank and financial system crises have been regular occurrences. Regulation, or regulatory failure, is often seen as a cause of crises, but regulatory change is also the response. Thus any given financial regulatory regime is never settled for long. After the Great Depression, advanced capitalist economies introduced highly restrictive financial regulatory regimes designed to minimize systemic risk from bank failures. In the postwar period, restrictive regulatory regimes were combined with capital controls that limited international movements of capital. The postwar Bretton Woods international monetary regime stabilized fixed exchange rates through such controls and, when necessary, lending by the International Monetary Fund (IMF) to countries that could not pay for their external debts. Starting with the collapse of the Bretton Woods regime in the early 1970s, all the advanced economies started liberalizing financial market regulation and removing capital controls as part of a broader shift toward a neoliberal economic philosophy. These deregulatory measures brought about a dramatic transformation of domestic financial systems and the reemergence of a dynamic and rapidly growing international financial market. Such dynamic and internationalized financial market was, in large part, the root cause of the early-21st-century financial crisis. The Great Financial Crisis of 2008 precipitated widespread review and revision of financial market regulations at both the domestic and international levels. These revisions include a shift from private self-regulation to state-driven regulation of financial markets, the centralization of regulation at the level of the European Union, and a closer cooperation between states in forging international regulatory standards. Nonetheless, despite the dramatic growth of the international financial market and transnational efforts to coordinate regulation, financial regulation remains overwhelmingly a domestic affair.

The global financial integration (GFI) has augmented the international financial flow movement without restructuring global financial regulatory system (GFRS). The goal of the global financial regulatory system is to maintain global level stability. In GFRS, the financial stability board (FSB) is responsible for the macro-prudential regulation and the micro-prudential regulation is monitored by international standard setting bodies (SSBs), international financial institutions (IMF and World Bank) and national financial regulators. These micro-prudential regulation and macro-prudential regulation are non-binding in the legal sense. However, these regulations examine as a standard of efficiency. The member nations are strictly implementing the standards because it provides stringent firewall during the unwanted financial turmoil. It also reflects the strength of the member nation. So, the evolution of micro-prudential regulation and macro-prudential regulation is a continuous process; it has to be evolved and developed as per the dynamic changes in the global financial system.

At the latest the global financial crisis has raised the awareness of the need for a globally coordinated financial market regulation. Even though the necessity to cooperate is widely acknowledged, cooperation is often limited in practice. This article characterizes the formation of self-enforcing international financial regulation agreements. Our analysis allows to evaluate the desirability and feasibility of cooperative solutions and explains the challenges associated with the process of cooperation. We model the cooperation of national financial regulators in a game-theoretical framework that considers financial stability to be an impure public good. Joint national supervisory effort is supposed to increase aggregate welfare in terms of a more stable financial system both on a global and on a local level by simultaneously generating incentives to free-ride. Our analysis in general indicates the difficulty of reaching a fully cooperative solution. In our basic version of the model we show that partial cooperation of two or three countries is stable and improves the welfare of all countries relative to the non-cooperative Nash equilibrium. Further analyses highlight the role of additional club benefits. When signatory countries of a coalition gain benefits over and above the joint welfare maximization, stable coalitions of any size become feasible.

The purpose of the study was to analyse the impact of the national legislation of EU member states on the powers of the European Central Bank and identify legal conflicts and overlaps of competencies between it and national financial regulators. To achieve this goal, special legal methods were used, in particular, comparative legal analysis, formal legal method, system approach method, and legal modelling method. The study showed that there are significant legal conflicts between national legislation and regulatory mechanisms of the European Union regarding the supervisory powers of the European Central Bank. Overlaps in the functions of national financial regulators and the European Central Bank were revealed, which can lead to legal contradictions and inefficient functioning of supervisory institutions. The analysis of coordination mechanisms between national regulators and the European Central Bank has shown that the lack of a unified approach to the implementation of European norms in national legislation creates legal difficulties in the harmonisation of financial law. It was also revealed that the existing mechanisms of interaction between the European Central Bank and national regulators need to be improved, in particular, in the field of supervision of systemically important banks. The analysis helped to formulate recommendations for strengthening coordination of supervisory functions of the European Central Bank and national regulators, and to suggest ways to eliminate legal conflicts and overlaps of powers. The proposals developed included improving information exchange mechanisms, expanding the role of the European Central Bank in overseeing the banking sector, and creating effective legal mechanisms to resolve contradictions between European and national financial supervisors

This study aims to conduct a bibliometric analysis on the topic of public policy and financial regulation in preventing and combating financial fraud using a variety of bibliometric methods and tools, including the in-built tools of Scopus by Elsevier (SciVal) and Web of Science by Clarivate Analytics, as well as VOSviewer software. The most relevant publications related to the search terms were identified. Based on the results, a map illustrating the interrelationships of concepts such as “financial fraud,” “public policy,” and “financial regulation” with other categories was created, allowing for the identification of five clusters, each of which was characterized in detail. The results of the evolutionary and temporal analysis of scientific research showed that before 2000, scholars focused on the legislative aspects of combating financial fraud; from 2000 to 2015, on risk management and the impact of financial fraud on economic growth; from 2016 to the present, on the search for methods and tools to detect and combat financial fraud. The spatial analysis confirmed a predominantly intercontinental connection between researchers. The comparison of subject areas demonstrated the interdisciplinary nature of the study, with a predominant focus on the fields of “computer science” and “economics, econometrics, and finance,” which is logical considering the economic nature and the ongoing technological transformation of financial fraud. The results can be utilized to develop new strategies, policies, and legislative initiatives to ensure financial integrity and increase confidence in financial systems. AcknowledgmentThis study is funded by the Ministry of Education and Science of Ukraine and contains the results of the projects No. 0123U101945 “National security of Ukraine through prevention of financial fraud and money laundering: War and post-war challenges”, 0121U109559 “National security through the convergence of financial monitoring systems and cyber security: Intelligent modelling of financial market regulation mechanisms” and by the Vega Agency No. 1/0638/23.

When national financial sector regulators need to mutually harmonize macroprudential policy decisions, imperfections of cross-border information exchange may undermine fair cooperation. Attempts to overcome the effects of informational distortions by delegating macroprudential policy to a supranational body are also likely to entail welfare losses. We study the tradeoff between macroprudential policy autonomy and centralization by means of a signaling game of imperfect information played by two national regulators. The model concentrates on informational frictions in an environment with otherwise fully aligned preferences. We show that even in the absence of evident conflicting goals, the non-transferable nature of some regulatory information creates misreporting incentives. Reporting accuracy is a part of a broader problem of strategic advantage-seeking by the national regulators. Therefore, cross-border coordination mechanisms, centralized or not, that limit strategic behavior are preferable to those allowing its full deployment. The results are applicable to systemic risk management by international organizations, including the relevant EU institutions.

As part of the response to the financial crisis, the ECB has been transferred tasks in banking and financial supervision. In parallel to its traditional mandate, the implementation of monetary policy, it is now responsible for ensuring financial stability and acts as a central supervisor of credit institutions. This paper deals with challenges that arise from entrusting the ECB with tasks of banking and financial supervision and therefore the ambiguity of the term “financial market regulation in the crisis”. Financial market regulation in the crisis can be looked at from two perspectives: On the one hand, it can be understood as being a response to the crisis. On the other hand, the term can imply that financial regulation itself is in a crisis. In this paper the difference between the two possible interpretations is discussed based on the example of the ECB and its tasks in banking and financial supervision. To this end, the new fields of activity of the ECB and possible problem areas are presented. Afterwards, it is concluded that financial regulation has developed from a financial market regulation in response to the crisis into a crisis of financial regulation.

In the article, based on the analysis of scientific sources, a comparative analysis of financial market regulation systems in different countries of the world is made. The level of development of regulatory systems in the UK, France, USA, India and Ukraine is characterized. The main institutions that regulate and supervise in the countries of the world are listed. The basic principles of their functioning are presented. It also analyzes the regulatory and provisions governing the activities of fintech companies. It is determined that a particular problem for the development of the financial technology market is the lack of a single regulatory approach to different types of Fintech companies and solutions. This is evidenced by the lack of unified regulatory bodies in the field of fintech, as well as adequate regulatory support both in Ukraine and in foreign countries. At the moment, in most countries of the world, fintech companies are subject to the laws that were adopted in the times of existence of only classical financial institutions, and therefore do not take into account the specifics of individual fintech businesses, and their peculiarities of cooperation with banking and non-banking financial institutions, with intermediaries of the securities market. It is determined that, in accordance with the potential of the financial technology market development and the benefits of its growth, programs for the support and development of the financial market through the introduction of special commissions, accelerator funds and simplified regulation systems in the form of sandbox fintech are being implemented in all analyzed countries. It is determined that the driver of the growth of fintech solutions in the financial services market was the active dissemination of open APIs in the activities of financial institutions, which provide for voluntary exchange of information about bank customers with fintech companies. It is substantiated that an important component of increasing confidence in the financial technology market is ensuring the storage and protection of personal data of fintech companies’ clients. Keywords: financial technology market, fintech, financial services, financial institutions, financial technology market regulation system.

The development processes which shaped the today's world market and international financial institutions have caused the need for financial statements standardization and harmonization at the global level. The International Accounting Standards Board (IASB) plays a crucial role in this process in the Republic of Serbia. By adopting the IFRS IASB project, IAS included, as the national standards, the Republic of Serbia started to apply a new system of financial reporting defined by legal and professional accounting regulations. The main purpose of this research is to indicate the cause-and-effect relationship between financial regulations and financial reporting formation according to the standards and harmonization requirements at the global level. With the aforementioned as the starting point, the main aim of the research in this paper is to indicate whether the financial statements based on the IASB project in the Republic of Serbia may be compared to the financial statements in other countries. The research results show that the immediate and exclusive IFRS implementation in the Republic of Serbia has become the limitation factor for the informational value of financial statements. Also, research results show that in addition to the IAS/IFRS, American accounting principles and the EU Directive 34 represent the key segments of professional regulations contributing to a better accounting harmonization, as well as a higher quality of financial reporting. Most countries with their own national financial regulations, harmonize their accounting rules with the above mentioned regulations when it comes to the most important issues.

Does financial structure still matter for technological innovation when financial technology and financial regulation develop?

Nowadays the global financial system faces a triple challenge: the threat of a new systemic financial crisis at both global and regional levels; difficulties of constant adaptation of existing financial business and regulatory practices to intensive technological innovations; direct and hidden consequences of excessive political influence on the financial system through sanctions and selectively applied practices for sanction purposes. Improving the quality of financial regulation will require deeper cooperation between regulators of leading economies and a proactive position of the financial industry, as well as the decentralization of financial regulation. However, it is unlikely that this will happen at the global level. Financial stability became a key goal of global financial regulation in the post-crisis period. We consider financial stability as the «tragedy of commons». The article describes the main trends of financial markets regulation after the crisis: transformation of global financial architecture, anti-money laundering and counter-terrorism financing practices (AML/ CT), financial sanctions. The article analyzes the existing failures of modern post-crisis financial regulation: credit crunch, reduction in the effectiveness of monetary policy, regulatory arbitrage, and increased compliance costs (AML/CT legislation, tax legislation, and the sanctions regime). In the future we expect simultaneous trends of harmonization and standardization of requirements in traditional sectors of financial markets (including traditional institutions of the shadow banking sector), but at the same time regulatory arbitrage1 will induce new financial technologies in order to reduce regulatory costs. The crisis triggered by the coronavirus pandemic in 2020 despite its non-financial nature will almost inevitably have a major impact on financial markets and their regulation. Possible steps to eliminate failures in the financial regulation system are proposed, including recommendations for international organizations.

Objectives: The objective of this study is to explore the integration of Village Credit Institutions (LPD) within the Indonesian financial system, considering their significance as embodiments of local wisdom and community identity in Bali. Methods: This research employs a qualitative approach, drawing upon legal analysis and comparative examination of national and local regulations pertinent to Village Credit Institutions. Data collection involves reviewing relevant legislation such as Law Number 4 of 2023 and Law Number 1 of 2013, alongside Bali Provincial Regulation Number 3 of 2017. Additionally, this study incorporates insights from community members and legal experts familiar with the operation of LPDs. Results: The analysis reveals a complex interplay between national financial regulations and local customary practices, particularly concerning the governance and operation of Village Credit Institutions. LPDs serve as vital components of Bali's economic fabric, embodying local wisdom and community cohesion. However, discrepancies may exist between national laws and customary practices, necessitating careful consideration for the harmonization of legal frameworks to sustain the integrity of LPDs within the broader financial system. Conclusion: In conclusion, the study underscores the importance of aligning national legislation with local customs to preserve the role of Village Credit Institutions as guardians of local identity and economic stability. To achieve this, policymakers must prioritize the incorporation of diverse local wisdoms into the regulatory framework, fostering synergy between customary practices and formal legal structures. By upholding the integrity of LPDs within the national financial system, Indonesia can honor its cultural heritage while promoting inclusive economic development at the grassroots level.

The article covers key formats of interstate cooperation in the post-Soviet space. The authors conclude that the Eurasian Economic Union is the major integration project bringing together Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. This research addresses various legal issues related to founding of the EAEU single financial services market with provisions and annexes of the EAEU Treaty studied. The EAEU meets challenges and creates legal and institutional framework for single financial services market within a relatively short timeframe. By 2025 both Supranational Eurasian financial regulator should be established and EAEU legislation on financial services should be harmonized. These tasks require international and national regulation experience. Therefore through the use of comparative analysis some advantages of the European Union law in the field of financial services market regulation are pointed out alongside with particular national legislation aspects of the EAEU member states in the similar or relative fields. Comparative analysis provides for determination of modern approaches to financial services market regulation in the EAEU and its member states, and allows to emphasize advantages and disadvantages of such regulation. Comparative analysis is applied to specifically investigate three subject areas of high relevance for global financial community: institutional forms of trade in financial instruments; organized trade in financial derivatives; organization of algorithmic and high-frequency algorithmic trading. Conclusion drawn is that the EU experience in the matters of financial markets regulation is of particular interest for the EAEU and its member states.

The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three Parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the major reoccurring objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability; market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation will be an invaluable resource for scholars and students of financial regulation, and for economists, policy-makers and regulators.

Adjusting the global financial system in order to support sustainable development of the world economy becomes an imperative of the XXI century. The article analyses the main drivers and obstacles to this process as well as action programs aimed at achieving this goal. Three main groups of actors are considered: national governments and financial regulators, international organizations and private financial institutions. The rapid growth of the number of informal international alliances and initiatives supporting sustainable banking, investments and insurance is really impressive. The author points out that the main direction of transformation of the global financial system is “to go green”. Within this general trend the principle of “double dividend” can be applied and the economic gains can be achieved together with ecological ones. Achievement of social goals can be ensured by further development of the financial inclusion and improvement of the financial management and standards. Financial innovations, including digital finance, increase of SMEA financing, development of green finance clusters with diversified green instruments inside the international financial centers are considered among the main accelerators of such transformation. A very important feature of the recent years is constantly increasing participation of the rapidly growing developing countries, especially China, in the green finance initiatives. This country is not just seeking to solve its national ecological and social problems. Basically, it is interested in creating and occupying its own niche in the changing global financial system with the purpose to make it more connected with the real economy, more equal and fair. The author concludes that strong governance is critical for ensuring the real progress in green and sustainable finance. The Roadmap, prepared by UNEP/World Bank in 2017, contains not only the list of necessary next steps but their timing. This document may be helpful for all countries, including Russia, and for their cooperation, aiming to align financial system to sustainable development for future prosperity.