The place of the NBU in the mechanism of protection of the rights of depositors of commercial banks

Abstract

The article highlights the problematic issues of implementing the right to protection of depositors of commercial banks, which have been liquidated recently. Fulfillment by banks of obligations to return deposits of individuals is studied comprehensively, taking into account the doctrinal provisions of civil, administrative, economic and banking law. Certain provisions of civil legislation are analyzed when interpreting the content of duties of a commercial bank, under the contract of bank deposit and responsibility of a bank for non-fulfillment of obligations assumed under the deposit contract. The public-legal status of the Central Bank of Ukraine and possibilities of bringing it to responsibility are studied in the light of the latest achievements of administrative and legal science. The article examines different scientific and theoretical legal positions concerning the qualification of actions or negligence of the National Bank of Ukraine. The proposal to hold the central bank liable for inaction and failure to take timely preventive measures to commercial banks, which were subsequently liquidated as insolvent, is formulated. The article provides an overview of the materials of judicial practice and legal position of the Supreme Court of Ukraine, which allowed to state the ambiguity and inconsistency of judicial decisions. As a result of the study the main causes of massive violations of the rights of depositors of liquidated commercial banks, to which the author attributes: the improper implementation of preventive, control and supervision functions of the National Bank of Ukraine; lack of financial resources in the Deposit Guarantee Fund of individuals. Improvement of national legislation, harmonizing it with European standards of banking services will contribute to the protection of the rights and legitimate interests of depositors of commercial banks.