The Chairman of the National Bank of Ukraine is proposed to be fired for committing corruption crimes. The corresponding norm is contained in bill No. 4367-1of the People's Deputy, Deputy Chairman of the Verkhovna Rada Committee on Finance, Tax and Customs Policy, Aleksandr Dubinskyi. At the end of last week, the document was registered in parliament, and today, on November 30, it was sent for consideration to the relevant Verkhovna Rada Committee.
Bill No. 4367-1 is an alternative to Bill No. 4367. It is dedicated to changes in the regulatory framework for banking activities and called: "On amendments to some legislative acts of Ukraine regarding the improvement of certain issues of the functioning of the banking system." The document is intended to settle several very important issues.
1. Dubinskyi's bill (No. 4367-1) suppresses any attempt to unreasonably expand the powers of the National Bank. They were to be made practically unlimited completely unreasonably by the main draft law (No. 4367). It concerns the shareholders of banks and members of banking groups. A significant part of the new powers of the NBU is discretionary, that is, financial institutions and their owners are not left with any right to choose, the regulator becomes an outright dictator without good reason.
It violates the principle of "legal certainty" for both banks and consumers of banking services. The new regulations will invariably entail not only a selective approach of the National Bank to the owners of banks but also abuse of the granted powers by the NBU officials.
Dubinskyi's alternative bill brings these norms into line with legislation and principles of legal regulation.
2. Also, bill No. 4367-1 proposes to exclude the norms regarding the impossibility of imposing seizure on monetary funds that are stored in correspondent accounts of commercial banks. Meanwhile, the main bill (No 4367) prohibits such seizure of accounts. It is unacceptable since the rights of Ukrainian depositors and other creditors will be infringed. They will be deprived of the opportunity to enforce the decisions of the courts adopted in their favor.
3. Also, Dubinskyi's bill expands the powers of the National Bank Council in relation to the NBU board.
4. An alternative bill (No. 4367-1) eliminates the requirement of the main document (No. 4367) to introduce a new type of regulatory sanctions - the National Bank may require the bank's shareholders to sell their shares by force. It violates Art. 41 of the Constitution of Ukraine. This norm is absent in Dubinskyi's bill.
Draft Law No. 4367-1 is in line with Ukraine's obligations under the Memorandum signed with the IMF, as well as Directive 2013/36 / EU of the European Parliament and of the Council from June 26, 2013. At the same time, the document eliminates ambiguous wording in banking legislation and regulates the procedure for managing the capital of the National Bank.
Andrey Pshenichnyi for dubinsky.pro