Keywords
losses
material damage
expenses
loss of assets
income
loans
How to Cite
Abstract
The article is devoted to the generalization of methodical approaches and the competence of forensic economists when conducting research on confirming the amount of material damage (losses) of banks. The subject and objects of expert research on confirming the amount of material damage (losses) of banks have been determined. The subject of the study is a system of theoretical, methodical and practical aspects related to the expert study of issues of confirmation of the amount of material damage (losses) caused to banks from non-repayment of loans, determined by the controlling bodies within their competence. The algorithm for determining with the help of economic expertise issues related to causing material losses, as well as issues related to determining the presence and amount of losses in financial and credit relations, based on the generalization of the practice of appointing and conducting economic expertise, which can be applied in modern realities in Ukraine, is substantiated. The proposed main approaches to solving issues related to the assignment of material damage (losses) to banks from non-repayment of loans due to the debtor's loss of obligation and/or loss of the ability to collect debts and the assignment of material damage (losses) to banks from non-repayment of loans due to the bank's withdrawal claim rights with a discount.
References
Civil Code of Ukraine No. 435-IV dated January 16, 2003. (with changes and additions). Retrieved from: https://zakon.rada.gov.ua/laws/show/435-15#Text (in Ukrainian).
On banks and banking activities: Law of Ukraine dated December 7, 2000 No. 2121-ІІІ. Retrieved from: http://zakon.rada.gov.ua (in Ukrainian).
Resolution of the National Bank of Ukraine «On Approval of Methodological Recommendations on the Organization and Functioning of Risk Management Systems in Banks of Ukraine» dated August 2, 2004 No. 361. Retrieved from: https://zakon.rada.gov.ua/laws/show/v0361500-04#Text (in Ukrainian).
National regulation (Standard) of accounting 1 «General requirements for financial reporting», approved by order of the Ministry of Finance of Ukraine dated 02.07.2013 No. 73 (with changes and additions). Retrieved from: https://zakon.rada.gov.ua/laws/show/z0336-13#Text (in Ukrainian).
Paientko, T. V., Rudaia, M. I. (2021). Methodological approaches to the selection of the discount rate in the studies of expert economists. Criminalistics and Forensics: interdepartmental Kyiv. Issue 66. P. 845-860 (in Ukrainian).
On approval of the Procedure for interaction of bodies state control and audit service, prosecutor’s office, internal affairs, Security Service of Ukraine: order dated 10.19.2006 No. 346/1025/685/53. Retrieved from: https://zakon.rada.gov.ua/laws/show/z1166-06#Text (in Ukrainian).
Order of the National Bank of Ukraine «On approval of models for calculating base curves of zero-coupon yield» dated September 20, 2018 No. 890-no. Retrieved from: https://bank.gov.ua/ua/legislation/Order_19092018_890-no. (expired March 2019) (in Ukrainian).
«On some issues of the practice of application of the legislation by commercial courts in cases in which claims for compensation for damages have been made»: review letter of the Higher Commercial Court of Ukraine dated 14.01.2014 No. 01-06/20/2014. Retrieved from: http://zakon2.rada.gov.ua/laws/show/v0020600-14 (in Ukrainian)
The procedure for fair value assessment of resident securities owned by the National Bank of Ukraine or accepted by it as security for the fulfillment of obligations, which is approved by NBU Resolution No. 732 dated 26.10.2015. Retrieved from: https://zakon.rada.gov.ua/laws/show/v0732500-15#Text (in Ukrainian)
Tereshchenko, O. O. (2010). The discount rate in making financial and investment decisions. Finances of Ukraine. No. 9. P. 77-90. (in Ukrainian).
Resolution of the board of the National Bank of Ukraine dated 30.06.2016 No. 351 «On the approval of the Regulation on determination by banks of Ukraine of the amount of credit risk for active banking operations.» Retrieved from: https://zakon.rada.gov.ua/laws/show/v0351500-16#Text (in Ukrainian).
Resolution of the board of the National Bank of Ukraine dated February 21, 2018 No. 14 «Instructions on the accounting of transactions with financial instruments in banks of Ukraine». Retrieved from: https: https://zakon.rada.gov.ua/laws/show/v0014500-18#Text (in Ukrainian).
Resolution of the National Bank of Ukraine dated 04/13/2020 N 49 «On approval of the Regulation on determining the criteria for writing off impaired financial assets of banks of Ukraine at the expense of valuation reserves for expected credit losses». Retrieved from: https://zakon.rada.gov.ua/laws/show/v0361500-04#Text (in Ukrainian)