DEVELOPMENT OF THE INSTITUTIONAL AND LEGAL BASIS OF THE FINANCIAL STABILITY OF THE INSURANCE COMPANY
DOI:
https://doi.org/10.15330/apred.2.18.194-205Keywords:
prospective solvency, insurance activity, regulation, supervisionAbstract
This article is devoted to the development of institutional and legal basis of the financial stability of domestic insurance companies operating in conditions of increasing risks and threats to the external environment, in particular, the development of recommendations of its improvement is urgent.
As a result of a critical analysis of the institutional and legal basis of ensuring financial stability as long-term solvency of resident insurers, in particular with the so-called compliance with Solvency II, it was revealed that institutional and legal basis of financial stability of insurers is now at the stage of improvement, which is an important component of the National program of adaptation of legislation and provides for the unification of legal terminology, amendments and additions to regulatory legal acts, as well as the adoption of new ones. An analysis of the actual situation and prospects for the development of institutional and legal support for the financial stability of insurance companies in Ukraine in connection with the adoption of a new version of the Law of Ukraine "On Insurance". The analysis of the real situation and prospects for the development of institutional and legal support for the financial stability of insurance companies in Ukraine in connection with the adoption of a new version of the law of Ukraine "On insurance" is carried out. It is revealed that the changes relate, in particular, to the introduction of a differentiated approach to the requirements for the solvency of insurers. It is established that the new EU requirements (Solvency II) for solving the problem of strengthening the long-term solvency of insurance companies in order to maximize the protection of property interests of policyholders provide for the establishment of a risk-based system of solvency of the insurer.
The main directions of improving institutional and legal basis of managing financial stability as long-term solvency of domestic insurance companies in accordance with European requirements (Solvency II) are identified: changing the approach of the insurance market regulation; changing the requirements to the insurer's capital; improving the assessment of the value of assets and the adequacy of formed reserves; changing the approach to risk management of insurance activities. These changes will contribute to improving the efficiency of state supervision and risk management of insurance activities, in the context of increasing the level of full and timely payment to customers and creditors by insurers, and developing the Ukrainian insurance market as a whole.
References
2. Dobosh, N. M. “State regulation of financial stability of insurers in Ukraine.” Scientific Bulletin of NLTU of Ukraine, no. 20.2, 2010, pp.160-164.
3. Zhuravka, O.S., Temchenko, A.R., and V.G.Fedorchenko. “Theoretical approaches to determining the financial stability of insurance companies.” Scientific Bulletin of Uzhgorod National University, no. 22 (Part 1), 2018, pp.117-122.
4. Krupka, Y.D. “New aspects of control and regulation of insurance companies' activities.” Problemy ekonomiki publ., no. 3 (41), 2019, pp. 240-245.
5. Oleynik, V. M. Methodological foundations of ensuring financial stability of insurance companies: dissertation. Sumy, Ukrainian Academy of banking, 2016.
6. Pikus, R. V., and M. V. Balitska. “Financial stability of an insurance organization and sources of its provision.” Bulletin of Taras Shevchenko National University of Kyiv, no. 3 (180), 2016, pp. 6-10.
7. Financial Services Market: a look into the future. Kiev: FLP Yamchinsky O. V., 2019.
8. Tkachenko, N. V. Financial stability of insurance companies (assessment methodology and security mechanisms): dis. Sumy, Ukr. akad. bank. affairs of the National Bank. Bank of Ukraine, 2011.
9. Sholoiko, A. S. “ Ensuring the stability of the insurance market of Ukraine.” Bulletin of the Academy of labor, social relations and tourism, no. 4, 2018, pp. 31-41.
10. Regulations on mandatory criteria and standards of capital adequacy and solvency, liquidity, profitability, asset quality and risk of the insurer's operations from 07.06.2018 № 850
11. About the National program of adaptation of the legislation of Ukraine to the legislation of the European Union. List of acts of legislation of Ukraine and the acquis of the European Union in the priority areas of adaptation. Law of Ukraine № 1629-IV of 18.03.2004
12. On insurance. Law of Ukraine № 1909-IX of 18.11.2021. The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/1909-20#Text Accessed 10 May 2022.
13. On insurance. Law of Ukraine of March 7, 1996 № 85/96 – VR. The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/85/96–вр#Text. Accessed 10 May 2022.
14. On Financial Services and State Regulation of Financial Services Markets: Law of Ukraine of July 12, 2001 № 2664-III The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/2664-14#Text Accessed 10 May 2022.
15. Prutz, R.Y. “Determining the factors of financial stability of the insurance company.” 69th Student Scientific and Technical Conference. Section "Economics and Management": a collection of abstracts. Lviv, Lviv Polytechnic Publishing House, 2011, pp.589–591.
16. On approval of the Requirements for the organization and operation of the risk management system of the insurer" from 04.02.2014 № 295. The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/z0344-14#Text Accessed 10 May 2022.
17. On approval of the Requirements for regular stress testing by insurers and disclosure of information on key risks and results of stress tests" Order dated 13.02.2014 № 484. The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/z0352- 14 # Text Accessed 10 May 2022.
18. On approval of Recommendations on the analysis of the activities of insurers. Order of the State Commission for Regulation of Financial Services Markets of Ukraine dated 17.03.2005 N 3755. The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/rada/show/v3755486-05#Text Accessed 10 May 2022.
19. On Approval of the Regulations on the State Register of Financial Institutions. Order of the State Commission for Regulation of Financial Services Markets of Ukraine №41 of August 28, 2003.
20. On approval of the Procedure for application by the State Commission for Regulation of Financial Services Markets of Ukraine of fines for non-compliance (improper compliance) with the Law of Ukraine" On prevention and counteraction by criminal means.Order of the State Commission for Regulation of Financial Services Markets dated 13.11.2003 №120.
21. On the Procedure for Forming the Statutory Fund of a Securities Insurer. Order of the State Commission for Regulation of Financial Services Markets of Ukraine of November 13, 2003 №124.
22. On approval of the License conditions for insurance activities. Order of the State Commission for Regulation of Financial Services Markets №40 of 28.08.2003.
23. Stasiuk, L. “Analysis of liquidity and solvency indicators on the example of "KhZKPU" Prygma-Press.” Galician Economic Bulletin, vol. 44, no.1, 2014, pp. 154-161.
24. Solvency ІІ, Working papers Policy issues for Solvency II - Possible amendments to the Framework for Consultation MARKT/2505/05, 15.04.2005, Annex to document MARKT/2505/05. EC.EUROPA, ec.europa.eu/ internal_market /insurance/solvency2/ workpapers_en.htm/ Accessed 10 May 2022.
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