Open AccessON THE PROBLEMS OF STATE FORMS OF PROTECTION OF SUBJECTIVE RIGHTS OF PARTICIPANTS IN BANKING LEGAL RELATIONS
Author(s) -
Oleksandr V. Serdiuk,
Ya. Ryabchenko,
Марина Ус
Publication year - 2021
Publication title -
fìnansovo-kreditna dìâlʹnìstʹ: problemi teorìì̈ ta praktiki
Language(s) - English
Resource type - Journals
eISSN - 2310-8770
pISSN - 2306-4994
DOI - 10.18371/fcaptp.v2i33.206410
Subject(s) - statutory law , normative , state (computer science) , consolidation (business) , fundamental rights , human rights , business , law and economics , private rights , reservation of rights , government (linguistics) , law , political science , right to property , economics , accounting , linguistics , philosophy , algorithm , computer science
The article is devoted to the study of forms of protection of subjective rights, their implementation at the national level in the framework of banking relations. The article analyzes the forms of protection of private and public rights, ways to protect civil rights, the functions of banking relations, the object and subject composition of banking relations, scientific, theoretical and practical recommendations for improving the application of law on banking relations.
The authors draw attention to the imperfection of domestic government regulations in terms of forms of protection of subjective rights of participants in banking relationships. Based on the analysis of regulatory sources, it is concluded that the form of protection of subjective rights of participants in banking relations is a statutory procedure for protection of subjective rights in banking or banking operations (subjective law is aimed at public interest, sociocentric), its implementation takes place by one or another jurisdictional body depending on its nature, the content of which is both the activities of the state, its authorized bodies, public associations, and the ability of the person to exercise his right to protection in case of violation of subjective rights and legitimate interests, including, seek protection from the competent state authorities.
There is a need for normative consolidation of the concept of forms of protection of subjective rights of participants in banking relations.