乌克兰银行活动的形成和银行保密

V. Koroleva, L. Liashenko
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引用次数: 0

摘要

这篇文章致力于研究银行保密制度的历史。可以确定的是,在银行体系发展的早期阶段,对银行机构流程的监管是由国家的第一人(皇帝)和最高立法机构通过发布法规来实施的。事实证明,在银行机构监管的早期阶段是在广泛的监管体系的基础上进行的。随着时间的推移,立法的系统化和统一性已成为一种趋势,这种趋势至今仍具有现实意义。苏联在20世纪80年代才开始了政治和经济体制的改革,这是有道理的。正是在这一时期,银行保密制度的复兴开始了。通过对我国银行保密制度的历史研究,揭示了我国银行保密制度发展的若干规律,这些规律影响了我国银行保密制度的进一步形成。特别是,首先,在银行保密制度的发展过程中,其有关存款人信息、存款保密、账户保密和交易保密的信息保持不变;第二,银行保密制度的发展历史有助于加强存款人的地位,防止调查机构不合理地扣押构成银行保密的信息,因为这些信息只有在刑事诉讼中才能披露。这一规定是近代发展和应用的历史事实,废除这一规定将严重损害银行保密制度的稳定性,甚至使存款人处于弱势地位,因为执法机关可以在没有刑事诉讼的情况下要求银行提供构成银行保密的信息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
FORMATION OF BANKING ACTIVITY IN UKRAINE AND BANKING SECRECY
The article is devoted to the study of the history of the institution of banking secrecy. It is established that in the early stages of development of the banking system the regulation of the processes of banking institutions was carried out by the first person of the state (emperor) and the highest legislative body by issuing regulations. It is proved that in the early stages of regulation of banking institutions was carried out on the basis of an extensive system of regulations. Over time, there has been a trend, which is still relevant, to systematize and unify legislation. It is justified that only in the 80s of the twentieth century in the Soviet Union began the process of reforming both the political and economic system. It is with this period that the beginning of the revival of the institution of banking secrecy can be associated. Based on a historical study of the institute of banking secrecy revealed certain patterns of development of banking secrecy, which influenced the further formation of this institution. In particular, it was established, first, that during the development of the institution of banking secrecy, its information remained unchanged about information about depositors, the secrecy of the deposit, the secrecy of the account and transactions; secondly, the history of the development of the institution of banking secrecy helped to strengthen the position of depositors from unjustified seizure of information constituting banking secrecy by investigative bodies, as this information could be disclosed only if available in criminal proceedings. This rule is a historical fact that has been developed and applied in recent times, and its abolition will significantly damage the stability of the institution of banking secrecy, and even make vulnerable positions of depositors, as law enforcement agencies may ask the bank for information that constitutes banking secrecy without criminal proceedings.
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