O. Liashenko; O. Shcherbyna
In this article, based on the analysis of expert and forensic practice, the study of regulatory and reference information sources are analyzed some aspects that arise when conducting forensic examinations on issues of compliance with the current legislation of Ukraine by banks in calculating long-term foreign currency loans at the base of LIBOR rate (London Interbank Offered Rate), the methodology for calculating such an interest rate. It is considered the nature of the origin of the LIBOR rate and other interbank rates used both in world practice and in Ukraine.
The purpose of the article is to summarize and systematize the existing expert and forensic practice as to the reasons for applying the LIBOR rate for lending the currency; to consider types of interest rates used in foreign currency loan agreements, identify the specific features and disclose the legal nature, the essence of the application of lending in the currency rates LIBOR +; to investigate the norms of current and international legislation on the compliance of the rate LIBOR + with the credit relations of Ukrainian banks with resident borrowers.
This article also analyzes the application by the countries of the world of similar types of rates and the admissibility of their application by countries in domestic lending.
The main issue of the study is the lack of methods for conducting forensic examinations on compliance with the current legislation of Ukraine, applied by banks in calculations for long-term foreign currency loans of the floating rate LIBOR +.
During the article writing were used the materials of expert and fforensic practice on the issue of the compliance of the LIBOR + rate in the credit relations of the banks of Ukraine.
The materials of this article can be used by experts in conducting economic examinations.