SOME ASPECTS OF THE INFLUENCE OF THE FINANCIAL MONITORING SYSTEM ON THE FUNCTIONING OF THE BANKING SECTOR OF CRITICAL INFRASTRUCTURE

The article analyzes the importance of the financial monitoring system in the area of prevention and counteraction to the legalization (laundering) of the proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction for the functioning of the banking sector of the critical infrastructure. The system of financial monitoring plays an important role in ensuring the national security of Ukraine. The Law of Ukraine «On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction» outlines the parameters of this system and identifies its subjects at the primary and at the state level. Among the subjects of primary financial monitoring, both formally in the text of the law, and on the basis of real indicators of activity, the banks occupy a dominant place place belongs to banks. But for them the implementation of this function is an additional and sufficiently burdensome type of activity that requires the involvement of significant resources. In contrast to costs, the bank does not receive direct benefits. Therefore, it is obvious that the efficiency of the bank's activity in this area should be stimulated by other means. Such means are, first of all, measures of influence which can be applied by NBU to the bank as a subject of state financial monitoring. Their list is quite wide: from a written warning to withdrawal of a bank license and liquidation of the bank. These measures are complemented by the possibility of legal responsibility of bank officials. Thus, comprehensive incentives for compliance with anti-money-laundering legislation, financing of terrorism and the financing of the proliferation of weapons of mass destruction are provided. At the same time, it is necessary to create conditions for the objective elimination of unlawful behavior by minimizing the impact on the process of financial monitoring of subjective factors. A key role in this direction can be played by developing the maximum possible automation of the monitoring mechanism. Ensuring the strict observance by the banks of the legislation on financial monitoring, in addition to the main goal, — prevention and counteraction to the legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction, is also intended to promote the stability of critical infrastructure both in the banking sector and in other sectors related to it. At the same time, the introduction of the concept of critical infrastructure in the credit and banking sphere with the appropriate categorization of objects in its composition will allow to optimize both banking supervision in general and financial monitoring in particular.