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CNAA / Theses / 2009 / June /

Some particularities concerning administrative sanctions applied against banking sphere


Author: Babii Veaceslav
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2009
Scientific adviser: Vasile Ignatiev
doctor, associate professor (docent), Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 9 June, 2009
Approved by NCAA on the 17 December, 2009

Abstract

Adobe PDF document – 0.29 Mb / in romanian

Keywords

juridical responsibility, administrative responsibility, administrative sanctions, administrative acts, control, administrativ control, financial control, supreme financial control autority, public finances, privat finances, financial-banking sphere, particularities concerning administrative sanctions, juridical settiement, banking supervision, audit, prudential measures of National Bank of Moldova, limitation of activity for commercial banks etc.

Summary

This work is dedicated to a fundamental subject of the banking sphere, namely regulation, control and sanction of the commercial banks by the National Bank of Moldova and the another central state bodies, authorized to perform such activities. Credibility is this scientific research is ensured by fulfillment of analysis of the compared law and practice of legal and administrative regulation of the financial-banking sphere. Topicality of the research subject also arises from the main goal presently set before the science of law for purpose of resolution of the issue of effective regulation of the financial-banking sphere. This paper contains a synthesis of theoretical and practical and applied issues, and lays out some the freshest ideas related to legal and administrative regulation of the financial-banking sphere and the particularities concerning administrative sanctions applied against financial-banking sphere.

This paper contains an attempt to enlighten some existing problems in qualification of the financial-banking sphere, control function by various regulatory bodies in the Republic of Moldova. Creation of a relatively perfect system for regulation and control of financial-banking sphere by competent authorities allows establishing some exact rules of activity for all professional participants of the financial-banking system and eventually it will allow to bring foreign investments to the Republic of Moldova.

The main idea reflected in the contents of this work is that the National Bank of Moldova has a decisive role in regulation, control and applying of administrative sanctions against the banking sphere, while this issue contains some reservations. Explanation of the legal content of these particularities uses a number of specialized sources in the Republic of Moldova, Romania, European Union etc.

This paper contains a number of conclusions dedicated to improvement of the situation in the financial-banking sphere. Taking into consideration integration into the European Union also attended by the Republic of Moldova, National Bank of Moldova must come up with proposal to change the legislation on the banking sphere and particularly those concerning the process of applying administrative sanctions against commercial banks to another one of an apparent European nature. In general, conclusions made in the final part of this work are related to interpretation and legislation as well.

Results of this work can be used for any possible changes in the legislation, and a study material for specialists in law, including non-lawyers, operating in the banking sphere.