ПРАВОВІ НАСЛІДКИ ПОРУШЕННЯ ПРАВ СПОЖИВАЧА БАНКІВСЬКИХ ДЕПОЗИТНИХ ПОСЛУГ

Abstract

Lepekh S. M. The legal consequences of violation of
consumer rights of banking deposit services. – Article.
The article explores the goals of the Financial Sector
of Ukraine Development Strategy until 2025 within the
financial inclusion as one of the strategic areas, in particular,
strengthening the protection of the rights of financial
services consumers. The author suggested combining the
principles of legal regulation of attracting financial assets
by banks and credit associations within a single structure of
the deposit contract with the peculiarities of its application
that depend on the specificity of the subject composition of
relations. Emphasis is placed on the absence of special legal
provisions on the grounds for application and forms of civil
liability of the bank for breach of obligations to return the
amount of the deposit (deposit). Also, the author explores
the problems of applying the provisions of Article 625 of
the Civil Code of Ukraine in case of improper fulfilment
or non-fulfilment by the bank of the obligation about the
deposit returning. The most reasonable approach seems
to be that three per cent of the annual fees provided in
this legislation considered as compensation for property
losses incurred by the creditor due to late repayment of
the debt, as he devoided the opportunity to invest these
funds to make new profits that is, he is compensated for
the loss benefit. Also, the article explores the question of
monetary measurement of repayment of the bank deposit
contract and the substantiates that the accrual of penalty
under Part 5 of Article 10 of "About The Consumer
Protection" Law of the amount withheld by the bank
wouldn't be considered fair given the economic essence of
deposit liabilities. Regarding the violations of consumer
rights in the financial service sphere, there must be special
legal provisions, including the imposition of forfeits.
The judicial practice about moral damages compensation
for deposit service consumers was assessed positively. In
addition, it concluded about the advisability of making
conceptual changes to the legislative regulation of deposit
obligations, considering scientific developments, case law
and the economic basis of these relations.