ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF BANKING

The article focuses on such concepts as administrative liability and administrative liability for violations of legislation on banks and banking activities. A comprehensive analysis of the scientific literature allows us to conclude that scientists currently do not have a single approach to the interpretation of administrative liability in general and in the field of banking in particular. Based on the analysis of the composition of administrative offenses in this area and the role of administrative liability in the studied social relations, the author's definition of administrative liability in the field of banking is proposed. The characteristic features of administrative responsibility in the field of banking are considered, in which its peculiarity in the researched sphere is expressed. Attention is also paid to the analysis of administrative offenses in the field of banking. The list of subjects authorized to impose administrative penalties for relevant offenses has been determined. Emphasis is placed on the existence of contradictions between the articles of the Code of Ukraine on Administrative Offenses and banking legislation and regulations of the National Bank of Ukraine on the subject of the offense in the field of banking. It is noted that for committing an offense in the field of banking provides for the application of fines, cases of which are considered, the National Bank of Ukraine may not impose a fine. It is established that the existence of exceptions to the application of fines should be balanced by their size, which should take into account economic realities and risks. This can be done by enshrining a rule for calculating their size due to the non-taxable minimum income of citizens, set at the level of social tax benefits.