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A modern period of market economy formation is characterized by transition to the new economic model, main position in which is taken by the information technologies, based on the communication facilities and facilities of treatment and saving information.
The important role in the processes of worldwide informatization of
society belongs to the bank institutions.
Banking system of Ukraine – one of the most important elements of its
financial system. As well as all economy of Ukraine, the banking system today
goes through cardinal changes. Such changes affect on structural and functional
parts of banking system. Changes are embodied in the banking legislation, which
development is carried out on the basis of international experience, experience
of economic reforms in Ukraine, modern views about nature and destination of
bank institutions.
Economic nature of banks express in their specific function: to play the
role of the special financial intermediaries at the economic market. In such
role the banks attract free money facilities, which release in the process of
economic activity of one subjects – states, economic units, individuals– and
are given on the terms of material well-being, returning, limitation by time,
payment obligations and orientation on a rental basis to other.
Namely banking system accumulates an enormous fund of money facilities
both in the cash and cashless form.
Bank – it is an establishment, which function is crediting of economic
activity units and citizens due to debt capital of enterprises, establishments,
organizations, population and other credit resources; cash and account
maintenance of state economy, operations with foreign currency and other bank
transactions performance. Definition of term "bank" in the
legislation of different countries contains a different set of essential
elements, but practically in all there is a common element, which in that or
other form describes at least two of bank functions: crediting and deposit of
clients assets on the bank accounts [1, 52]. Bank – it is organization, created
for money attraction and investment on its own, on the own terms and at the own
risk of returning, requiring payment and limitation by time.
Modern banking system of country proposes various services to its
clients: starting with the traditional deposit-loan and cash-cashless
operations, that are basic in bank activity, ending with the newest forms of
cash-credit and financial instruments, that are used by the bank institutions
(leasing, factoring, trust and in.).
The banking system of Ukraine consists of the National bank of Ukraine
and other banks that created and work on territory of Ukraine.
In the Law of Ukraine
"About banks and bank activity" are defined, in legal form, general
term and condition of bank creation and activity.
The National bank of Ukraine directs and regulates banking system of
Ukraine; at the same time it is its main element. Constitution of Ukraine (p.
99, 100), Law of Ukraine "About the National bank of Ukraine" and
other normative acts determine legal position of NBU.
The National bank of Ukraine is a central bank of Ukraine, the special
central organ of state administration. He pursues unique state policy in sphere
of money circulation, credit, monetary unit stabilization, organizes interbank
transactions, co-ordinates activity of the banking system on the whole [2].
The National bank acts for state interests in relationships with the
central banks of other countries, in relationships with the international banks
and other financial institutions, where intergovernmental collaboration is
foreseen at level of central banks.
A structure of the National bank is built on principle of centralization
with the vertical submission. The central management, branches (territorial
offices), clearing houses, mint, the State treasury of Ukraine, the Central
depository, specialized enterprises, bank educational establishments and other
structural units and subsections, necessary for providing activity of the
National bank enter to the system of the National bank [2, p.22].
The National bank and his regional offices carry out the supervision
after activity of other banks that operate on territory of Ukraine.
A National bank of Ukraine as a subject of legal relationship has the
specific right – right for initiation of bill [3, p.93]. It should be noted
that for execution of its administrative-control functions the National bank of
Ukraine issue normative-legal acts on the questions, related to its authority,
such acts are obligatory for the organs of state authority and organs of local
self-government, banks, enterprises, organizations and establishments
regardless of forms of property, and also for the physical persons [2, p.56].
The National bank sets common rules of bookkeeping in banks on the base of
complex automatization and computerization. Normative acts of the National bank
are issued in the form of decree of the National bank Board of Directors as
well as in form of instructions, regulations, rules approved by the decree of
the National bank Board of Directors. They cannot conflict with the laws of
Ukraine and other legislative acts of Ukraine and have not retroactive force,
except for the cases when they mitigate or abolish responsibility by law.
Normative-legal acts of the National bank are subject to the obligatory
state registration in Ministry of Ukraine justice and go into effect according
to the legislation of Ukraine. The normative-legal acts of the National bank
can be appealed according to the legislation of Ukraine.
Using given to him by law right, the National bank of Ukraine actively
participate in lawmaking process, by preparing instructions, decrees, edicts
and other documents of normative character, and fills by them the blanks in the
legal environment of banking system.
There are different types of banks, which differ by the form of
property, functions, organizational structure. By form of property the banks
divide into state, co-operative, joint stock. Depending on operations, which
they execute – universal and specialized. By the organizational structure:
banks that have a wide network of branches and banks that have not them [4].
The law of Ukraine «About banks and bank activity» defines types of
banks operations [4, p.47].
Such activity, namely accumulation and deposit of money and credits;
realization of transactions according to the instructions of clients,
banks-correspondents and maintenance of their accounts, issue of payment
documents and securities (drafts, letters of credit, bills of exchange, shares,
bonds and others); purchase, sale and saving of payment documents, securities,
and operations with them, issue of warrants and other obligations for the third
persons, that suppose their implementation in the money form, purchase and sale
of the currency.
Economic independence is the main principle of banking activity that
means economic responsibility of bank for the results of its activity. The economic
independence foresees freedom banks funds and attracted resources management,
free choice of clients and depositors, dispose of the bank incomes [4, 12].
Basic function of banks it’s intermediation in payments between some
independent economic units.
Transactions between the clients of the same bank are carried out
through operations on their accounts, without use of the bank’s correspondent
account. In other cases bank, which executes the order of its client to do that
or other bank transaction, forced to enter into relationships with other bank,
which maintains his contractor. Thus, before the clients of banks will be able
to perform the payments, in the cashless order their banks must pay each other.
It should be noted that if only the system of interbank non-cash
settlements did not exist, the banks would have been to pass to each other a
cash on hand, that is transport a money from bank to bank. However in such case
the interbank payments would have carried out enough long and the operations
would have been too risky [6, 139].
General regulation of interbank payments organization and their form are
determined by the decree of the National bank of Ukraine Board of Directors
from 27 December 1999ð. ¹ 621 "About adoption of Instruction about the
interbank payments in Ukraine". Under the mention document, interbank
payments – it is non-cash settlements between banks that conditioned by
maintenance of clients payments or by the own obligations of one bank before
other.
The interbank payments can be carried out:
-through the system of
electronic payments of NBU – payments are conducted with application of
electronic facilities of acceptance, transmission, treatment and defense of
information. System of electronic payments – it is a complex of hardwares, intended
for implementation of interbank payments between its participants;
-through the own interbank
payments system –transactions are conducted through technical complex with own
means of information protection, which is exploited by bank or union of banks
and carries out the payment consideration between establishments of this bank
(union) and other bank institutions out the scopes of the system of electronic
payments;
-through the direct
correspondents relations between banks.
In 60th – 80th years a lot of world banks had a considerable increase of
streams and volume of operations. Calculable possibilities and powers of
networks and systems of information treatment were very small.
At the end of 80th beginning of 90th years emerged the necessity to create
an electronic bank environment, since a lot of banks began to take the computer
systems, communications networks and information technologies, as a mighty
strategic weapon, which will help them the best process, pass and save bank
information, quick maintain clients and considerably be ahead of competitors.
In the 90th years through easer state adjusting of bank activity
technology obtained the more application in banking decision-making process. If
in the past banks thought by the categories of "data", now the
question is "information". Becomes clear, that ownership of
information and ability to work with the help of modern information
technologies, it’s a level, at which ownership of information can be used as a
strategic weapon. For achievement this it is necessary to supply the user with
information from any source, at any time, and from any place of country.
With the purpose of organization of interbank payments the National bank
of Ukraine entered the automated system of payments with the use of electronic
progressive technologies on banking on the base of the Central clearinghouse.
This system is served by the complex of hardwares, that provide the exchange by
the electronic documents, their verification, analysis, defense from the
unauthorized interference.
That also belongs to the functions of the National bank of Ukraine
"determination of the directions of development of modern electronic bank
technologies, creation, co-ordination and control of electronic circulating
mediums, pay systems, automation of bank activity and facilities of bank
information protection creation" [2, p.7 ch.1 p.7].
A situation with automatization of bank activity in the banks of Ukraine
is very different. It is related to that bank sector of the Ukraine economy –
it is a sector, which intensively develops and is constantly perfected.
In 1994 Strategic decision in relation to introduction of the system of
electronic interbank payments (SEP) was made by NBU. This state pay system
united by facilities of e-mail in the sole informative space all commercial
banks of Ukraine. SEP was created as a multilevel system of without paper
payments.
SEP introduction gave possibility to refuse from the use of postal and
telegraph aviso, considerably to promote speed, quality and reliability of
payments maintenance, to provide safety and confidentiality of bank
information.
Generally the banking system of Ukraine is on the stage of its
formation. Therefore there are banks, which have only a set of resources of the
necessary accounting and software products formation, that allow to the banks,
according to the requirements of the National bank of Ukraine, to be SEP
participants. Along with such banks, which are characterized by the low level
of computerizing works, there are bank institutions, which well understand,
that modern information technologies are a basic mean of competitiveness rise
in fight for the priority position at the financial market and attraction of
clients. Therefore in such banks give preference to high technologies taking in
consideration the international standards and appropriate to the requirements
of the open systems that also can be easily carried from one platform on other
[5, 7].
For attraction of new clients and creation of clients comfort relation
with bank in a lot of bank institutions bring into and successfully functioning
on the basis of decree of the Board of directors National bank of Ukraine
¹ 135 from 29.03.2001 "About adoption of Instruction about the
non-cash payments in Ukraine in the national currency" system
“Client-bank” (Section 11). The introduction of such system enables
to the client to speak with bank and execute payments, not going out from its
office that, no doubt, promotes an attractiveness of bank in choice of it by
client. This system secures the message between client and bank in the ciphered
kind through the certificated facilities of protection passing. The requirement
of certification of protection facilities means, that the client of bank can
join in the system of electronic payments only when his software will be tested
by the National bank of Ukraine from the point of view providing its protection
from access of strange persons, in order to avoid possibility of theft of
facilities, and also accordance of such system to technology of bank
transactions. The use by the client of the system of electronic payments is to
be carried out on the basis of some agreement between him and the bank. The
electronic documents that are given by client to the bank must answer a format
of payment documents of the system of electronic payments of the National bank
of Ukraine with pointing electronic digital signatures of responsible persons
of payer. Which have the right to sign the documents in accordance the
presented set documents [7, 125].
In connection with transition on the international standards of
bookkeeping the informative banking systems are practically developed anew on
the of principle new bases. Changes not only composition of tasks, but also
there is transition to the new program facilities.
Consequently, banking on the modern stage — it is industry, which is
front-rank from the point of view of modern information technologies for
providing automation of electronic payments introduction.
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Information of Supreme Soviet of Ukraine. –1999 ¹ 29. – p.238
With the changes, borne pursuant to Laws
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¹ 1658-14 from 20.04.00 // VVR, 2000 ¹ 29, p.230;
¹ 1919-14 from 13.07.00 // VRR, 2000 ¹ 42, p.351;
¹ 2121-14 from 07.12.00 // VVR, 2001, N 5-6, p.30.
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