Mykola Shapoval

The issues of crimes commission in the sphere of banking activity in Ukraine are highlighted. It is emphasized that crimes in banking activity are systematically committed by the public officials of the state. Such actions committed by the public officials cause the losses to the Ukrainian economy in the specially big amount. In the last two years, the socially dangerous consequences of these acts for the state economy are calculated by hundreds of millions of hryvnias. The defendants of these resonant criminal cases are the heads of banking institutions and senior public officials, as well as the officials of the National Bank of Ukraine. Moreover, the losses of these crimes cannot be compensated to the state economy, since the money laundered are placed for a long time in offshore areas outside the state. The conclusion is fomulated that current criminal legislation of Ukraine should be amended. First, there is the social need for criminalization of the socially dangerous actions committed by the public officials in banking sphere. Second, the study of the criminal legislation of the separate countries demonstrates that criminal liability of the legal persons for commission of the criminal offences in the sphere of banking activity is an effective measure to prevent the negative effects of the criminal threats. So this liability should also be introduced in Ukraine. Third, negligent crimes in the sphere of banking activities should also be criminalized, because an absence of such criminal prohibilion leads to the negligent behavior of the bank managers and to the socially dangerous results.