Legal principles protection of consumer rights of financial services Cover Image

Правові засади захисту прав споживачів фінансових послуг
Legal principles protection of consumer rights of financial services

Author(s): V. P. Yanyshen
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: consumer of financial services; bank; financial institution; disclosure of information; unfair advertising»; real value of financial products; «split»;

Summary/Abstract: The article is devoted to the research of legal bases of protection of the rights of consumers of financial services in Ukraine. Based on a systematic analysis of current legislation and special sources, it is stated that the legal mechanisms for protecting the rights of consumers of financial services are currently at a rather low level. There are significant problems with the existing system of protection of the rights of consumers of financial services, which requires the introduction of its new model, which will provide a real increase in consumer confidence in financial institutions,providing legal guarantees for the protection of their rights and raising their financial awareness. The article analyzes the legal acts of the European Union aimed at protecting the rights of consumers of financial services, which stipulates the requirement of sufficient information when purchasing such services, the provision of services in the financial sector should not be carried out by direct or indirect deception of the consumer.The provisions of the new Law on Consumer Protection of Financial Services are investigated, which provides for the establishment of an effective mechanism for the protection of consumer rights, elimination of loopholes and inconsistencies in the current system of regulatory protection of consumer rights, and introduces the same rules for banks and non-banking institutions in the field of advertising financial services and providing information about them. The requirement of the Law on Compulsory Disclosure of the Real Value of Financial Products and Services will not allow financial institutions to indicate false interest rates on loans and deposits in advertising. The Law also provides for the right of authorized bodies to apply to entities providing financial services measures of influence and to impose administrative penalties on their officials.An important element of the legal mechanism for protecting the rights of consumers of financial services is the adoption of the Law on «Split», which provides for the reduction of the number of regulators and supervisors in the markets of non-banking financial services and empowering the National Bank of Ukraine with the powers of the regulator of the non-banking financial services market provided by insurance, leasing, leasing companies, credit unions,pawnshops and other financial companies. It will help create a financial system that meets international standards.

  • Issue Year: 2/2019
  • Issue No: 16
  • Page Range: 1-13
  • Page Count: 13
  • Language: Ukrainian