Legal Features of Licensing Certain non-bank Financial Institutions
DOI:
https://doi.org/10.21564/2414-990X.170.338037Keywords:
financial services market, non-banking financial services market, pawnshops, state regulation, state control, National Bank of Ukraine, licensing, financial companiesAbstract
The relevance of the research topic is due to the fact that the development of market relations in Ukraine stimulated the emergence and expansion of various markets, among which the markets of non-banking financial services took their rightful place. The organizational and legal forms of economic activity in these markets were constantly expanding, the volume of services provided, their types increased, and as a result, the issues of state regulation in these markets became relevant. The article is devoted to the features of licensing of certain non-bank financial institutions. At the same time, attention is paid to the licensing system of these business entities. The purpose of the article is to reveal the legal features of such a procedure of state regulation as licensing. Achieving the outlined goal was made possible by using a complex of methods of scientific knowledge, in particular, the formal-legal method (to establish the content of legal norms), the formal-logical method (to identify shortcomings in national legal regulation), the comparative-legal method (to study the experience of other countries and determine the prospects for implementing their principles of activity in the national legal field). It is studied that the licensing system in the non-bank financial services market in Ukraine has undergone significant changes aimed at increasing the transparency, reliability and stability of the financial market. The transfer of functions to the NBU ensured the centralization of the regulatory function and harmonization with international standards. At the same time, the challenges associated with the implementation of new rules require further improvement of procedures and active dialogue between the regulator and market participants. In conditions of war, Ukraine faces serious challenges that affect the state's economy. Despite this, the development of the non-banking financial sector remains an important component of the restoration and modernization of the state. Returning to a competitive economy requires effective state regulation and support of non-banking institutions - credit unions, pawnshops, financial companies, insurance companies, etc.
References
Draft Law of Ukraine Nо. 1069 "On Amendments to Certain Legislative Acts of Ukraine on Improving the Functions of State Regulation of Financial Services Markets". (August 29, 2019). Retrieved from https://ips.ligazakon.net/document/JI00058A.
Law of Ukraine Nо. 1953-IX "On Financial Servicesand Finance Companies". (December 14, 2021). Retrieved from https://zakon.rada.gov.ua/laws/show/1953-20#Text.
Law of Ukraine Nо. 1909-IX "On Insurance". (November 18, 2021). Retrieved from https://ips.ligazakon.net/document/t211909.
Law of Ukraine No. 3254-IX "On credit unions". (July 14, 2023). Retrieved from https://zakon.rada.gov.ua/laws/show/3254-20#Text.
Resolution of the Board of the National Bank of Ukraine Nо. 199 "Regulations on authorization of financial service providers and conditions for their activities in the provision of financial services". (December 29, 2023). Retrieved from https://bank.gov.ua/ua/legislation/Resolution_29122023_199.
Law of Ukraine Nо. 222-VIII "On licensing of types of economic activity". (March 2, 2015). Retrieved from https://zakon.rada.gov.ua/laws/show/222-19#Text.
Krupchan, O.D., & Perepelyuk, V.G. (2010). Administrative procedures for the protection of private rights of individuals. Kyiv: Research Institute of Private Law and Entrepreneurship of the National Academy of Sciences of Ukraine.
Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments and amending Directives 2002/92/EC and 2011/61/EU (revised). (May 15, 2014). Retrieved from https://www.pard.ua/download.php?downloadid=1097.
Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC. (April 21, 2004). Retrieved from https://zakon.rada.gov.ua/laws/show/984_052-14#Text.
Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC. Retrieved from https://zakon.rada.gov.ua/laws/show/984_036-13#Text.
Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS). Retrieved from https://zakon.rada.gov.ua/laws/show/984_038-09#Text.
Directive 97/9/EC of the European Parliamen and of the council : of 3 March 1997 on investor-compensation schemes. EU Law – EUR-Lex. Retrieved from http://eur-lex.europa.eu/legal-content/EN/TXT /PDF/?uri=CELEX:31997L0009&qid=1418476228736&from=EN.
Shovkoplias H., Dmytryk O., & Mazur T. (2022). Protecting the rights and interests of consumers of non-banking financial services: is an alternative court possible? Acess to Justice in Eastern Europe, 3(15), 239-248. Retrieved from https://ajee-journal.com/upload/attaches/att_1660496065.pdf.
Shovkoplias H., Shvydka T., Davydiuk O., Klierini H., Sharenko M. (2022). Development of directions for modernizing means of technology transfer financing at the account of the non-banking financial market under martial law. The example of Ukraine. Eastern-European Journal of Enterprise Technologies, 5(13(119)), 52-59. https://doi.org/10.15587/1729-4061.2022.265789.
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