ADMINISTRATIVE AND LEGAL REGULATION OF CONTROL IN THE SPHERE OF BANKING ACTIVITIES

Abstract

The structure and content of the legal basis of control in the field of banking activity are considered. The classification of legal mechanisms of control in the field of banking activity is proposed. Special attention is paid to the comparative legal analysis of the requirements of the legislation of Ukraine, legislation of foreign countries and international legal standards of banking activity, which determine the normative content of legal mechanisms of control in the field of banking activity. The purpose of the article is to reveal the administrative and legal regulation of control in the field of banking activity. Realization of the set goal involves solving a number of tasks: 1) disclosure of the legal basis of control in the field of banking activity; 2) separation of the control mechanism in the field of banking activity. Scientific novelty. The problems of banking control in Ukraine lie in the plane of insufficient development of regulatory documents and practical implementation of their provisions. The need for further improvement of diagnostic systems of the bank's financial condition, control over the availability and effectiveness of risk management systems, methods of calculating the values of mandatory economic standards and bank supervision procedures, measures to combat money laundering, disclosure of information in financial reporting is substantiated. As a conclusion, modern legal control mechanisms in the field of banking activity can be divided into two categories: external control mechanisms, which are applied by the competent bodies of banking supervision over banks, and internal control mechanisms, which banks apply independently in relation to internal processes within the framework of the system of internal control Among the main legal mechanisms of external control in the field of banking activity, it seems possible to include the establishment of mandatory economic norms for the activity of banks, the determination of a special procedure for approval of the acquisition or increase of a significant participation in banks, the determination of a special procedure for approval of bank managers, control for transactions with related parties of banks, appointment of a bank curator, application of influence measures.