The problem of institutionalization of the circle of special legal regimes of banking activities

Abstract

The paper examines the institutional mechanism of formation of the legal system of banking institutions in Ukraine. The relevance of studying this issue is determined by the fact that legal regulation of banking activity is one of the most important functions of the state. It has been proven that in the conditions of martial law it is especially important to reduce the risks and problems of the institutionalization process. The purpose of the paper is to study the ways of minimizing the risks of legal actions of banks of Ukraine in the conditions of martial law. The methodology includes the solution of the research problem, the historiographical approach and the theory of risks. Systemic institutional analysis was used to solve the research task. In the main results of the study, the essence of the concept of "banking activity", the definition of a special purpose and specific goals are defined. The paper examines the introduction of a new three-tier capital structure of banks aimed at bringing the banking regulation of the National Bank of Ukraine closer to European standards. Current problems of the Ukrainian banking system were identified, in particular, the need to systematize regulation under special legal regimes. It was revealed that in the conditions of a large-scale armed invasion and the introduction of martial law in Ukraine, ensuring the reliability and stability of the banking system of Ukraine is of primary importance. The National Bank of Ukraine adopted a number of legal acts designed to regulate banking activities in wartime and create conditions for ensuring the reliable and stable functioning of the country’s financial system. The analysis of the legislation showed the need to supplement the current legislation or create a new act that will regulate banking activities under special regimes. Further research involves the determination of strategies for improving the regulation of banking activity under martial law.