Banking in Ukraine as an object of criminal and legal protection

Kurylo, M. P.; Klochko, Alona Mykolaivna; Timchenko, Gennady; Gulyk, Andriy

doi:10.21511/bbs.12(4).2017.11

Cited by 6 publications

(5 citation statements)

References 1 publication

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“…Either practicians or scientists gave different definitions of the phenomenon of corruption. Nevertheless, the article uses the definition of this term set forth in Part 1, Article 3 of the Law of Ukraine "On Prevention of Corruption" as a basis (Kurylo et al, 2017). In order to establish the content of the term "official", it is necessary to proceed from the provi- Despite the functioning of the system of corruptive abuses prevention, which is, at the first sight, successfully formed, the official corruptive abuses are systematically committed by managers of banking institutions, bank officials as well as senior public officials.…”

Section: Resultsmentioning

confidence: 99%

Corruptive abuses of senior public officials in the banking sphere as a determinant of the Ukrainian economy criminalization

Kvasha

Zahynei²,

Shapoval

et al. 2019

Banks and Bank Systems

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The issues of crimes commission in the sphere of banking activity in Ukraine are highlighted. It is emphasized that crimes in banking activity are systematically committed by the public officials of the state. Such actions committed by the public officials cause the losses to the Ukrainian economy in the specially big amount. In the last two years, the socially dangerous consequences of these acts for the state economy are calculated by hundreds of millions of hryvnias. The defendants of these resonant criminal cases are the heads of banking institutions and senior public officials, as well as the officials of the National Bank of Ukraine. Moreover, the losses of these crimes cannot be compensated to the state economy, since the money laundered are placed for a long time in offshore areas outside the state. The conclusion is fomulated that current criminal legislation of Ukraine should be amended. First, there is the social need for criminalization of the socially dangerous actions committed by the public officials in banking sphere. Second, the study of the criminal legislation of the separate countries demonstrates that criminal liability of the legal persons for commission of the criminal offences in the sphere of banking activity is an effective measure to prevent the negative effects of the criminal threats. So this liability should also be introduced in Ukraine. Third, negligent crimes in the sphere of banking activities should also be criminalized, because an absence of such criminal prohibilion leads to the negligent behavior of the bank managers and to the socially dangerous results.

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Section: Resultsmentioning

confidence: 99%

Corruptive abuses of senior public officials in the banking sphere as a determinant of the Ukrainian economy criminalization

Kvasha

Zahynei²,

Shapoval

et al. 2019

Banks and Bank Systems

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show abstract

“…Strict sanctions imposed to perpetrators are needed to prove that eradicating fraud and financial crimes in banking is a very serious effort. The stricter the sanctions imposed, the more likely someone is not to commit fraud (Kurylo et al, 2017). Previous research also shows that strict sanction has a positive effect on fraud prevention (Kikerpill et al, 2021).…”

Section: Discussionmentioning

confidence: 98%

Fraud prevention in the Indonesian banking sector using anti-fraud strategy

Shonhadji,

Agus Irwandi

2023

Banks and Bank Systems

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Fraud and financial crimes involving banking employees have become serious and complex problems throughout the world, including Indonesia. This study aimed to analyze a fraud prevention through anti-fraud strategy and modified situational crime prevention theory. Data were obtained using a questionnaire distributed and interviewed to accounting officers, marketing departments, customer services, tellers, operational supervisors and risk management of banks in Indonesia. Respondent filled in 217 questionnaires completely. The data analysis technique used is a path analysis technique with the WarpPLS. The results show that anti-fraud strategies have a positive effect on fraud prevention. Banking in Indonesia has succeeded in implementing anti-fraud strategy through a whistleblowing policy, which focuses on efforts to protect whistleblowers and disclose potential fraud, compliance with the implementation of internal controls in activity units, and the proper functioning of risk management. The modified situational crime prevention theory also has a positive effect, and religiosity is a moderating variable. The results have also informed that banks have attempted to create conditions and awareness for perpetrators that the benefits of fraud are less and not commensurate with the high risks borne, and narrowing opportunities and providing strict sanctions to perpetrators can prevent fraud.

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“…Final results revealed a great diversity of the mechanisms used to protected depositors' interests. Bringing deposit protection system into conformity with general standards in such conditions becomes a rather complicated task (Dovnar, 2008), however some general approaches and positive practices to be accepted in the Ukrainian legal system have become the object of critical analysis and study (Andriievskaia, 2014;Buchko, 2016;Kurylo, Klochko, Timchenko, Gulyk, 2017;Adamyk, Skirka, 2017).…”

Section: Vol 7 No 2 2021mentioning

confidence: 99%

Qualitative Indicators of Bank Performance Assessment for the Purposes of Participation in the Deposit Guarantee System in Ukraine

Ilnytskyi

Ilkiv

Chopko

2021

BJES

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One of the directions of reforming the system of deposit insurance in the world is risk-oriented approach, which means that the degree of involvement in the system is determined by the degree of exposure of the participant’s operations to risk. Correct estimation of the degree of risk of banking operations requires a well-grounded approach to the study of indicators-criteria that should be clear, understandable, and objective. The subject of research is the performance of the deposit guarantee system in Ukraine. Therefore, the present research aims to solve applied problems of establishing the content of qualitative indicators of banking operations that arise in their application for the sake of determining the degree of risk in the operations of the participant of the Deposit Guarantee Fund in the estimation of the amount of recurring charges. Methodology. Systemic method was applied to establish the content and assign qualitative indicators of bank performance for establishing their actual content in accordance with the regulation. On this basis, using a formal logical method, definitions of legal notions were formulated with due account of the financial and economic meaning as well as the established goal of legal regulation. Formal dogmatic approach allowed to make an analysis of the regulatory and legal framework of the state, to identify functional capacity of the system of protection of the rights and interests of bank depositors, their technical and legal excellence. Also, a number of other general scientific methods of research were applied, in particular: analysis (to study systemic application of the notions), historical legal (to study the establishment, change and development of the deposit guarantee system), comparative legal (to study the legislation determining specific principles of the functioning of the deposit guarantee system of natural persons in foreign states) etc. As the result, there has been established the essence of the current qualitative indicators used in the determination of the degree of risk of banking operations in Ukraine as far as application of the means of influence for violation of banking legislation by the National Bank of Ukraine to participating banks over the reporting period, as well as administrative and economic sanctions applied for violation of legislative requirements related to the deposit guarantee system of natural persons are concerned. Also, proposals have been developed concerning the procedure of their application for the sake of increasing the opportunities for ensuring risk-oriented approach.

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Banking in Ukraine as an object of criminal and legal protection

Cited by 6 publications

References 1 publication

Corruptive abuses of senior public officials in the banking sphere as a determinant of the Ukrainian economy criminalization

Corruptive abuses of senior public officials in the banking sphere as a determinant of the Ukrainian economy criminalization

Fraud prevention in the Indonesian banking sector using anti-fraud strategy

Qualitative Indicators of Bank Performance Assessment for the Purposes of Participation in the Deposit Guarantee System in Ukraine

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