Selected Issues of Criminal and Legal Provision of Proper Functioning of the Crediting Sphere in Ukraine

Authors

  • O.V. Starostenko

DOI:

https://doi.org/10.15330/apiclu.62.1.129-1.143

Keywords:

criminal law, criminal legislation, criminal law enforcement, criminal offense, crime, criminal liability, legal entity, banking activity, lending, penalty.

Abstract

In modern conditions, the proper organization and effective functioning of the Ukrainian banking system are becoming increasingly relevant, and an important element of economic reforms is the need for legal support of unlawful encroachments on the financial sphere, including the credit one.
The public threat of crimes in the sphere of bank lending is characterized by a high level of latency, causing losses to commercial banks, their owners, depositors, and the state; destructive impact on the functioning of the economic system of the state; inhibition of the implementation of the monetary policy of the state; distortion of the mechanism of free competition.
Detection and timely disclosure of this category of crimes is one of the guarantees of ensuring the banking system’s stability.
The article is devoted to particular issues of criminal and legal provision of functioning of the lending sphere in Ukraine. Hence, there are a number of approaches proposed to improve the criminal and legal provision of proper functioning of the lending sphere in Ukraine, to increase public confidence in financial institutions, to enhance the image of the banking system, and to improve the regulatory framework of credit legal relations. The suggestions have a practical orientation, as the stated material, the given conclusions, provisions, and proposals can be used in research work, law-making activity, and law enforcement activity.

Published

2023-07-04

Issue

Section

Public law. Policy in the field of fighting crime