Banking institutions spend a lot of money and use various resources to ensure both their activities’ security and their customers’ security. States and international institutions make significant efforts in this regard. But, unfortunately, this cannot always completely protect bank or client from attackers (lawbreakers). This problem is not only of technical, economic and informational character, but also legal. The article deals with issues of ensuring the criminal law protection of banking in Ukraine. Current criminal legislation of Ukraine, and draft regulations as to the holding responsible for crimes in banking sector are analyzed. The proposals as to criminalization of actions dangerous for a society in the field of banking activity are put forward: illegal obtaining of a loan; willful evasion of satisfaction of accounts payable; improper execution of the bank deposit contract terms; abuse of authority in banking; fraud with bank electronic payments.
The processes of international migration in recent years concern a large number of people due to many military conflicts intensification, borders liberalization, internationalization of education, etc. Migration motives are believed to consist of economic, socio-demographic, political and security, language-cultural and ecological and natural determinants. Reviewing migration motives and migration flows dependence on the respective determinants for Ukraine provided an opportunity to form a set of parameters to study empirically migration motivation for leaving abroad. The article researches and generalizes the questionnaire results on migration motivation of individuals. The general results of respondents’ views on their potential migration format are highlighted. The respondents’ individual assessment of the reasoned determinants in relation to their influence on the motivating people to migrate abroad is analyzed. To confirm the results, the indicators of the individual determinants importance are presented. It is determined that the prevailing determinants of migration belong to the group of economic and political-security ones, in particular, low wages, high level of corruption in the country, high unemployment, corrupt and ineffective judicial protection system, state participation in armed conflicts and post-conflict state of the country, high level of inflation, high level of labor income taxation, the complexity of opening and closing a business.
An effective system for combating banking crimes can ensure the stability of the Ukrainian banking sector. Developing such a system requires an analysis of public policy institutional instruments to counter threats to the banking system stability. The article proposes the crime counteraction concept for the Ukrainian banking system based on the analysis of scientific articles dealing with the issue, relevant provisions of legal acts and on the study of functions of law enforcement agencies, individual executive bodies, central public authorities, state collegial bodies, territorial NBU departments, Ukrainian banks and their branches, the Deposit Guarantee Fund, international institutions, and bank clients.It has been established that the stability of the Ukrainian banking system can be ensured by effective interaction of all actors in combating crime in the banking business. Overlapping of their functions and some conflict rules negatively affect ensuring the banking system stability by entities engaged in banking crime counteraction. Therefore, an algorithm of cooperation between relevant counteraction entities should be developed and reflected in the Banking and Financial Security Strategy on the legislative level. Optimization of statistical reporting on crime in the Ukrainian banking sector in a more informative format requires data on both individual types of banking crimes and on the persons who commit them. As part of the work of the National Bank of Ukraine’s Public Council, it is necessary to organize regional public councils and ensure cooperation between bank clients and local banking institutions. It is assumed that the development of effective mechanisms for protecting rights and legitimate interests of depositors and creditors, as well as combating criminalization in the banking sector will be the main functions of these regional public councils. The relevant innovations require amendments to the Regulation on the NBU Public Council. AcknowledgmentThe article was prepared as part of a project for young scientists of Ukraine in 2017 (state registration number – 0117 U 006531), Improving the Legislation of Ukraine Regarding the Protection of Banking Activities in the Context of European Integration: Economic and Legal Aspect, by Alyona M. Klochko, Ph.D. (Law), Sumy National Agrarian University, Head of the Chair of International Relations.
The European integration intentions of Ukraine have made changes to the development of its economy and in particular to the financial sphere. Substantially, these changes affected the banking system development, which is a systemic element of the financial and credit market. The essence of these changes manifests itself in the increase of foreign banks presence, the need to implement the EU banking legislation norms and methods of banking business in the domestic practice. All this determines the urgency of the effective development of economic and legal aspects of Ukraine's banking security in the European integration context. From there, the purpose of the article is to clarify the concept of banking security, its main components and levels of development. The report data of the Deposit Guarantee Fund (DGF) and the Prosecutor General's Office of Ukraine for the last years have been analyzed. It is concluded that the lack of unified reports on the criteria for criminal offenses in the sphere of banking provides a dubious picture of the definite level of these crimes. It also testifies about the lack of control and superficial attitude of the controlling bodies towards the processes of the banking sphere criminalization. It is determined that the DGF indicators do not correspond to those of the Prosecutor General's Office of Ukraine reports regarding the crimes committed in the sphere of banking. Lack of unified reports as well as the unified terminology and the classification envisaged at the legislative level of these socially dangerous actions complicates identifying the criminological indicators of the crimes in banking. Lack of practice in considering such categories of the cases and the corresponding resolutions of the Plenum of the Supreme Court of Ukraine also does not contribute to the fair court decisions on these matters.
Implementation of business processes in Ukraine has become more structured in recent years. If previously the only goal was to get the most profitable investment and pay-off in the short term, and the attention to drawbacks and considerable riskiness of these projects was given already in case of their occurrence, now there is another management approach. Thus, the decision to attract additional funds involves a detailed analysis of the potential and existing risks of the project. The management focuses on continuous monitoring of the project implementation. Accordingly, it is necessary to develop an effective mechanism to evaluate an investment project, the effectiveness of its implementation, but from the perspective of the company’s economic security aimed at identifying and diversifying risks. As such, the accounting system of the enterprise’s economic safety management is presented as to the investment projects execution based on the convergence of budgeting, management, financial accounting and elements of the economic analysis and control. The proposed system of investment project management is based on the definition of responsibility centers during the investment project implementation. The developed plan of actions and methods is aimed at creating effective tools for identifying risk factors and monitoring the investment projects effectiveness. Such a system provides an opportunity to operate an investment project promptly and flexibly, following clearly defined management tasks within the chosen strategy of enterprise’s economic security. System management of investment project, which is a part of the overall business management, contributes to the achievement of goals set by the company at a given level of risks and financial performance.
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