Abstract:

The purpose of the article is to conduct a comparative analysis of the administrative and legal principles of the functioning of the banking system of Ukraine and foreign countries and to determine on this basis ways to improve domestic legislation in this area. The subject of the study is world experience in the field of state regulation of the banking system. Methodology. The study is based on a comparison of foreign experience in the legal regulation of the functioning of the banking system on the example of the USA, Great Britain, Japan, Germany, and France with the current state of the state regulation of the banking system in Ukraine. Due to the use of the arsenal of general scientific and special-scientific methods and techniques of scientific knowledge, the content of administrative and legal regulation of the banking system under conditions of reorientation of the country’s economy from the planned form to the market one, liberalization of foreign economic relations, strengthening of integration and globalization processes in the international financial and commodity markets was characterized and determined. Results of the comparative legal study showed the inefficiency and excessive “transparency” of the national model of the administrative-legal regulation of the banking system in comparison with foreign systems, as well as the imperfection of the legal and regulatory framework for its functioning. Practical implications. Administrative and legal principles of functioning of the banking system in certain foreign countries reflect the greater effectiveness of the mechanism of its state regulation in comparison with Ukraine. In most countries, this mechanism is oriented to the distribution of regulatory and control powers between the central bank and other government departments, which, in turn, reduces the risk of administrative pressure on individual banking institutions and the banking system as a whole. It is expedient to include this experience in the legal system of our state in order to increase its economic stability. Value/originality. A comparative legal study of world experience in the administrative and legal regulation of the functioning of the banking system of Ukraine and foreign countries provides a better understanding of prospects for the development of national administrative legislation in this area.

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