THE DEVELOPMENT OF LEGAL INSTRUMENTS FOR THE PROTECTION OF CIVIL RIGHTS OF THE PARTIES OF BANK DEPOSIT (DEPOSIT) AGREEMENT AT THE PRESENT STAGE

Author
, PhD. Student, Kharkiv, Pushinska, 77

In heading

 Law;

Signed print

 27.01.2017

Issues number

 2017 - № 1 (28)

Page

 132-143

Type of articles

 Scientific article

Code UDK

 347.45/.47

ISSN print

 2411-5584

Abstract

 Problem setting. In connection with the duration of the financial and economic crisis that happens in the world and particulary in Ukraine there are substantial property loss of participants of civil relations. These circumstances led to a drastic change of external and internal conditions of the banking system. This was the reason for the emergence of complications for execution the contract of bank deposit.
However, the conditions of the treaty by insolvent banks guaranteed by the state through the Deposit Guarantee Fund of individuals within the amount of money provided by legislation. According to the official information from Fund, at the time of preparation this article, about a hundred banks are in the process of output from the market. Only thirty-two investor received money back. At the end of 2016 the Parliament of Ukraine adopted the Law «Amendments to Some Laws of Ukraine on compensation to individuals for damage caused by abuse in banking and other financial service» which increased the burden on the state, represented by the Deposit Guarantee Fund individuals for reimbursement of deposits. The author analyzes and compares certain provisions of this Law with the general principles of civil law.
Development and adoption of the said regulation took place in a very difficult in terms of the availability of legal grounds for compensation from the state deposits concluded with financial companies through the activities of some officials of «Bank Mykhaylivskyy».
Recent research and publications analysis. Special research focus described in the article issues do not exist.
Paper objective. The objective of the article is the analysis of the existing legislative regulations and draft normative acts and making proposals for improvement of the mechanism of protection of the rights of the parties to the contract of the Bank contribution (Deposit).
Paper main body. The author considers the normal existence of many approaches on the availability of legal grounds for compensation from the state represented by the Foundation funds individuals who have concluded civil contracts deposits with financial companies through the actions of individual banks. However, it states that equalization agreements concluded financial companies with individuals and spread the consequences of such agreements government guarantees for the return of bank deposits is not responsible, as seems requirements p. 1 ar. 626,627, 628 Civil Code of Ukraine about freedom of contract, modification or termination of civil rights and obligations and binding contract. In accordance with the authors’ knowledge the invalidity of transactions has not been established either by law or by court (Art. Art. 215-236 CC of Ukraine), and at the conclusion of civil contracts valid presumption of validity and legality of the contract.
The author concludes and perceptions on expediency of certain provisions of the project Economic Procedural Code of Ukraine, which contribute redress of legal proceedings, including those related to the protection of disturbed relationships with the participation of the Deposit Guarantee Fund individuals and in field relationships arising in connection with the protection of the violated rights of the deposit agreement (deposit).
Conclusions of the research. It is noted that the requirements for these contracts are not such which may be issued a court order. Substantiated by the fact that a bank failure of his duty indicates the existence of a dispute about right. It should also be noted that the said the project of legal act contains no criteria for signs of without dispute debt.
When analyzing proposals for amendments to the Civil Procedural Code of Ukraine concludes feasibility proposals regarding the possibility of the court to specify a court decision to establish mechanisms for calculating fines and percentes. This will strengthen the operational principles of protection of violated civil rights of the contract. The author, however critically evaluated proposals for the establishment in law of such «procedural filter» cassation proceedings as price of sue.
Short abstract for an article
Abstract. This article analyzes the latest regulation on the protection of violated civil rights of the depositor as the parties of the contract of bank deposit (deposit). However, in the article the specific provisions of the Commercial Procedure Code of the projects and draft amendments to the Civil Procedure Code of Ukraine concerning the characteristics of the commission proceedings in cases of these categories.

Keywords

 bank deposit agreement, protection of civil rights, contributor.

Reviewer

External reviewer

Article in PDF

 1 132-143

Bibliography

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Code DOI

This post is also available in: Ukrainian

19.11.2016