BACKGROUND OF POSITIONING OF DEPOSIT GUARANTEE FUND AS A PART OF CRITICAL INFRASTRUCTURE

The article analyzes the legal nature of Deposit Guarantee Fund (hereinafter referred to as the DGF) and outlines its role in the functioning of the banking system in the context of introducing a new approach to ensuring national security in the economic sphere in Ukraine through the formation of a list of critical infrastructure facilities and the organization of a state system for their protection. With all the variety of theoretical approaches to the definition of the concept of critical infrastructure, it is indisputable that there is a generalized understanding of the meaning of this phenomenon as a certain set of objects that are extremely important not only for the country's economy, but also for national security as a whole. Therefore, the solution to the question of including an object in the critical infrastructure should be based primarily on an analysis of its legal nature and an assessment of the significance for national security. This fully applies to credit and banking facilities, including the DGF. At the present stage, by its legal nature, the DGF is a legal entity of public law, a non-profit institution whose main task is to ensure the functioning of a system of guaranteeing deposits of individuals and withdrawing insolvent banks from the market. Deposits are guaranteed through the formation of a monetary fund, which, in its legal regime, has a centralized, targeted extra-budgetary character. This feature is extremely important because it minimizes the dependence of the functioning of the deposit guarantee system on the annual budget process. The DGF has a number of significant powers to regulate the activities of banks: it issues regulatory legal acts that banks are required to comply with; has the right to inspect banks for their fulfilment of obligations related to participation in the system of guaranteeing deposits of individuals; may apply legal responsibility against banks and their officials. The importance of the DGF for the stability of the banking system is determined by its functional purpose and contains two main aspects: ensuring the confidence of depositors in the banking system by guaranteeing the payment of compensation for deposits in the event of insolvency of banks; the removal of insolvent banks from the market in a way that, under specific circumstances, is optimal and least costly. Under the usual standard conditions for the functioning of the banking system, the real impact of the DGF on its stability is relatively small. However, in a state of socio-economic and socio-political instability, this influence is crucial. The ability to localize the consequences of the withdrawal from the market of individual insolvent banks and to prevent the spread of crisis phenomena throughout the banking system and the state economy as a whole depends on how efficiently the DGF performs its functions. On the whole, an analysis of the legal nature and significance of the DGF for ensuring stability in the credit and banking sector indicates that its destabilization can cause significant negative consequences not only for the banking system, but also for the state economy and national security in general. This creates the prerequisites for the positioning of the DGF, along with the NBU and other banks, as an object of critical infrastructure in the credit and banking sector with the aim of organizing its comprehensive protection against real and potential threats.