RULES-MAKING ACTIVITY IN THE FIELD OF GUARANTEING DEPOSITS OF INDIVIDUALS IN MILITARY CONDITIONS

Abstract

In the article the features of rule-making activity in the field of guaranteeing deposits of individuals in military conditions in Ukraine are defined, and also proposals for improving the legal regulation in this area are provided. It is established that in military conditions and increased economic instability, there is an increase in banking risks, the implementation of which may lead to problems in the solvency of banks and the possibility of non-receipt by depositors of their savings placed in bank accounts. In this regard, the protection of the rights and legitimate interests of depositors requires the introduction of additional guarantees by revising and improving the legal regulation of the system of guaranteeing deposits of individuals in Ukraine and ensuring the stability of the financial system. At the same time, it is substantiated that the observance of the principle of legal certainty in the process of rule-making requires the legislator to be clear, understandable, unambiguous of legal norms, their predictability, since the other cannot ensure their uniform application, does not exclude unlimited interpretation in law enforcement practice and inevitably leads to arbitrariness. It is established that during the martial law in Ukraine and within three months from the date of its termination or cancellation, the Deposit Guarantee Fund of Individuals reimburses each depositor of the bank funds in the full amount of the deposit, including interest accrued as of the end of the day preceding the day the procedure was started withdrawal of the bank from the market. Attention is focused on the fact that the introduction of full coverage of bank deposits with guarantees, the so-called blank guarantee, is a world practice, when during the crisis period a certain state guarantees the return of the full amount of deposits to individuals. It is concluded that in the process of further rule-making activities in the field of guaranteeing deposits of individuals, it is important to study the positive foreign experience in protecting the rights and legitimate interests of depositors, in particular, the possibility of existence, along with the Deposit Guarantee Fund for individuals of state ownership, of non-state deposit guarantee funds, coordination of actions and exchanging information between banks as participants in the deposit guarantee system, optimizing the timing of refunds on deposits, lifting restrictions on deposits in banking metals, providing the opportunity for the depositor to receive compensation in the deposit currency, limiting the circle of persons whose deposits are not subject to reimbursement, etc., which will help increase public confidence in the banking system and accelerate the process of legal adaptation of the regulatory framework of Ukraine to the EU norms and standards in the field of securing deposits of individuals.