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Goncharov A.I., Kazachenok O.P. Banking Standards Control in the EU

Goncharov Aleksandr Ivanovich

Doctor of Juridical Sciences, Doctor of Economic Sciences, Professor,
Department of Constitutional and Municipal Law, Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


Kazachenok Olesya Pavlovna

Сandidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


Abstract. The article examines the unified mechanisms under a single legal space of the EU that establish regulations governing the stability, efficiency and risk exposure of the banking system of the Member States of regional integration. So, the authors study a single legal basis in the main regional economic standards – the capital adequacy ratio, which is expressed as a percentage of bank’s own funds to the sum of its assets evaluated by risk possibility. The special attention is also paid to major credit risks closely associated with the bank’s capital adequacy norms, signals a situation where the risks in the bank are rapidly and strongly concentrated.
The authors investigate the mechanism how policy and international legal norms regulate the methods of banking activities in the EU. Thus, the regulation of standards established by the directives is executed by the EU institutions studied in the present article in comparison with the provisions of the Basel Capital Accord 2004.
The latest EU legal measures on the protection of the banking system of the EU are analyzed taking into account the negative impact of the global financial crisis. The presented data confirms the interaction and mutual influence of the processes of international and European cooperation in the field of legal regulation of banking activities.

Key words: European Union, Economic and Monetary Union (EMU), European System of Central Banks (ESCB), European Central Bank (ECB), capital adequacy, capital adequacy ratio, market risk, ratio of banks’ large credit risks.

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