Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services

Olga Bakalinska, Hanna Shovkoplias
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Abstract

The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the National Commission for Control over the Market of Non-Banking Financial Services), the formal-legal method (for establishing the content of legal norms), the formal-logical method (for identification of shortcomings in national legal regulation), comparative legal method (for studying the experience of other countries and determining the prospects for implementing their principles of activity in the national legal field). It has been studied that the special status of the commission is that it ensures the stability of the entire non-banking financial system of Ukraine, establishing the requirements that such institutions must meet, namely requirements for: liquidity, solvency, capital, asset quality, risk level of operations, profitability. The work examines the relationship between the commission and the National Bank of Ukraine, their cooperation in the market, which consists in the development of regulatory and legal acts and their approval. The need for the National Bank of Ukraine to delegate its powers to the National Commission for Control of Non-Banking Financial Services in relation to: registration of market participants, licensing of non-bank financial institutions, determining the procedure for issuing and canceling a license, approving the terms of operation of such institutions. In view of this, a new model of state regulation on the market of non-banking financial services was proposed in the form of concentration of all control functions on the market in a single operationally independent regulator - the National Commission for Control of Non-Banking Financial Services, which is in close cooperation with the National Bank of Ukraine and by the National Securities and Stock Market Commission. Also, the article emphasizes that regulation by the National Commission for Control of the Market of Non-Banking Financial Services should be complemented by a system of self-regulating participants in the market, which are an additional tool to state regulation.
非银行金融服务特别授权机构的设立及其法律地位
文章专门论述了国家对非银行金融服务市场进行监管的特殊性。同时,文章还关注了国家非银行金融服务市场监管委员会这一特别授权国家机构的成立。本文旨在揭示国家委员会的法律地位、组建顺序并阐明其活动的主要原则。由于采用了一系列科学知识方法,特别是辩证法(全面了解国家非银行金融服务市场监管委员会的性质)、形式-法律法(确定法律规范的内容)、形式-逻辑法(找出国家法律规范的不足)、比较法(研究其他国家的经验并确定在国家法律领域实施其活动原则的前景),上述目标才得以实现。据研究,该委员会的特殊地位在于其确保乌克兰整个非银行金融体系的稳定,确定此类机构必须满足的要求,即:流动性、偿付能力、资本、资产质量、业务风险水平、盈利能力等要求。该著作研究了委员会与乌克兰国家银行之间的关系,它们在市场上的合作,包括制定监管和法律法案及其批准。苺郕訄郇邽 郱訄郕郋郇郋郈郋迮郕郋邾 郈郋郈郋郇 郱訄訇迮郱郈迮迮郇郇 郱訄訇迮郱郈迮迮郇郇 郱訄郕郋郇郋郈郋迮郕郋邾 苺郕訄郇邽 郱訄郕郋郇郋郈郋迮郕郋邾 郱訄訇迮郱郈迮迮郇郇 郱訄訇迮郱郈迮迮郇郇 郱訄郕郋郇郋郈郋迮郕郋邾 郋迣訄郇郱訄郋郋邾.有鉴于此,提出了国家监管非银行金融服务市场的新模式,即把市场的所有监管职能集中到一个独立运作的监管机构--国家非银行金融服务监管委员会,该委员会与乌克兰国家银行以及国家证券和股票市场委员会密切合作。此外,文章还强调,国家非银行金融服务市场监管委员会的监管应辅之以市场自律参与者制度,这是国家监管的补充工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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