Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

  • Alyona M. KLOCHKO Sumy National Agrarian University, Ukraine
  • Nikolai P. KURILO Sumy National Agrarian University, Ukraine
  • Svetlana I. ZAPARA Sumy National Agrarian University, Ukraine
  • Irina V. ARISTOVA Law Faculty, Sumy National Agrarian University, Sumy, Ukraine
  • Mykola I. LOGVINENKO Sumy State University, Educational-scientific Institute of Law, Sumy,Ukraine


Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.


[1] Comprehensive Program of Ukrainian Financial Sector Development Until 2020, ua/control/ en/publish/ article? art_id =33820088.
[2] Criminal Code of the Kingdom of Belgium (1867, as of 2016), documents/section/criminal-codes.
[3] Criminal Code of the Republic Poland (1997, amended 2016), normID=1246817&subID=100110056, 100110058# text.
[4] Criminal Code of Ukraine. Law of 05.04.2001 № 2341-III.
[5] Criminal Law of the People's Republic of China. Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979 and amended by the Fifth Session of the Eighth National People's Congress on March 14, 1997, 3ec295 cdd.pdf.
[6] European Financial Stability and Integration Review 2017 (EFSIR). Report. Brussels, 19.5.2017. Commission staff working document.
[7] Gmaj Marcin, Radoslaw Nozykowski. Corporate Liability in Poland. Marcin Gmaj, Global Compliance News (2016),
[8] Grischuk, V.K. and Paseka, O.F., Criminal Liability of Legal Entities: Comparative Legal Study: Monograph (Lviv: Lviv State University of Internal Affairs, 2013), 248.
[9] Klochko, A.N., Logvinenko, N.I., Kobzeva, T.А., Kiselyova, E.I. ‘Legalizing proceeds from crime through the banking system’. Criminology Journal of Baikal National University of Economics and Law, 10, no. 1 (2016): 195.
[10] Law of Ukraine ‘On Banks and Banking’. Date of Entry into Force: January 17, 2001,
[11] Law of Ukraine ‘On Banks and Banking’. Verkhovna Rada of Ukraine; Law on December 7, 2000 № 2121-III,
[12] Likhova S.Ya., 2014. ‘Legal Entities as Subjects of Criminal Responsibility according to the Criminal Code of Ukraine’. Legal Bulletin, no 4 (33) (2014) - 129. file:///C:/Users/%D0%9F%D0%BE%D0% BB%D1%8C% D0%B7%D0%BE%D0%B2%D0%B0%D1%82%D0%B5%D0%BB% D1%8C/Downloads/Npnau_2014_4_26.pdf.
[13] Lukyanets, D.M., 2000. ‘Legal Entities as Subjects of Administrative Responsibility’. Entrepreneurship, Economy and Law 4: 52– 56.
[14] Mischenko, V.I., Shapovalov, A.V. , Krylova, V.V. , Vashchenko, V.V., Grischuk, N.V. ‘Problems of Reforming the Banking System of Ukraine in the Context of European Integration: Information and Analytical Materials’. National Bank of Ukraine. Center for Scientific Research, 8 (2007): 266.
[15] Prokhorov, B.C. Crime and Responsibility, ( L., 1984), 29.
[16] Prosecutor General’s Office of Ukraine. Official Site. Report on Criminal Offenses Committed in Enterprises, Institutions, Organizations by the Types of Economic Activity in August 2016, html?dir_id =112757&libid= 100820&c =edit&_c=fo.
[17] Rohovenko, Oleg V., Zapara Svitlana I., Melnik Nina M., Cramar Ruslana I. 2017. The Current Status of the Local Self-Government Reform in Ukraine: Preliminary Conclusions and Outlook. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 1, p. 184, june 2017. ISSN 2068-696X. Available at: .
[18] The Swiss Criminal Code (of 21 December 1937 (Status as of 1 January 2017), /norm. asp?norm ID= 1241950&subID=100098712, 100098714,100098872, 100099142, 100099154 #text.
How to Cite
KLOCHKO, Alyona M. et al. Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 7, p. 2155-2162, dec. 2017. ISSN 2068-696X. Available at: <>. Date accessed: 22 may 2024. doi: