Journal article Open Access

Specific Features of the Organization and Legal Regulation of the Control Activities of Law Enforcement Agencies over the Legal Functioning of Banks in Ukraine

A.A. Telestakova, S.A. Mirzoian

The author of the article has researched theoretical and legal principles of the definition of “control”, its place and significance in the system of state control over ensuring the legality of financial activity of banks in Ukraine. It has been indicated that the sphere of functioning of the banking system in Ukraine is related to an economic component of ensuring the national security of Ukraine.

The author pays particular attention to the specifics of the implementation of external control over the activities of banks in Ukraine by such law enforcement agencies as: the Security Service of Ukraine; The National Police of Ukraine; Antimonopoly Committee of Ukraine; divisions of the State Fiscal Service of Ukraine; anti-corruption agencies (the National Agency of Ukraine for Detection, Investigation and Asset Management Obtained from Corruption and Other Crimes). The author has analyzed the current state of administrative and legal provision of control activities of these law enforcement agencies over the legality of the actions of Ukrainian banks. Taking into account the conducted analysis of the competence of any law enforcement agency and the peculiarities of banking activity, the author has provided own classification of control over the legality of the actions of banks, which is divided: 1) according to the subjects: into external and internal; 2) according to the time of conduction: into preliminary, current and subsequent; 3) according to information provision: into documentary (control of a certain document, several documents, chronological examination) and actual (review, examination, expert assessment, verification of facts by the final transaction, verification of the execution of decisions, receipt of written explanations and reports); 4) according to the forms of implementation: into preventive, current, control; 5) according to the coverage: into continuous and selective; 6) according to time: into planned and unscheduled; 7) according to methods of implementation: into examination, expert evaluation, analysis, revision, verification.

It has been concluded that control accomplished by law enforcement agencies over the banking activities is an integral part of the legal regulation system, the purpose of which is to identify deviations from accepted standards and violations of the legality of bank operations, as well as the type of activity of state agencies on the application of law enforcement and preventive measures, and in some cases bringing the guilty party to liability, measures to prevent or reduce violations of banking legislation.

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