FEATURES OF THE MECHANISM OF ADMINISTRATIVE-LEGAL REGULATION OF BANKING SUPERVISION IN A SPECIAL PERIOD

Abstract

The article identifies and systematizes the features of the mechanism of administrative-legal regulation of banking supervision in a special period (martial law, financial crisis). It argues that the mechanism operates with heightened intensity and rests on three basic traits: unilateral binding orders (prompt NBU individual acts with immediate enforceability), an asymmetry of powers (the primacy of public-authority competences over market dispositivity), and a direct proprietary impact on banks’ capital, assets, and liabilities.The composition of the mechanism is clarified: the normative basis (special laws and crisis by-laws), subjects (the NBU, the Deposit Guarantee Fund, and adjacent regulators), objects of influence (capital, liquidity, risks, IT and payment infrastructure), methods and legal instruments (order, prohibition, authorization, control, sanctions), forms of implementation (compliance/fulfilment/use/application), and administrative procedures (monitoring, inspections, early intervention, enforcement control, appeals). Special traits of the period include temporary FX/payment regimes, elevated capital/liquidity buffers, strengthened provisioning, restrictions on related-party transactions, requirements for operational and cyber-resilience (BCP/DRP, backup data centers), and consolidated supervision of groups. The article proposes procedural safeguards that preserve the rule of law: a necessity and proportionality test, fixed timelines (T+1/T+10/T+90), sunset criteria for de-escalation, audi alteram partem, reasoned decisions, and judicial review without automatic suspension. The appropriateness of a risk-based approach (SREP, stress testing, data-driven supervision) and a KPI framework (restoration of prudential ratios, reduction of risky exposures, continuity of critical functions) is substantiated. The scientific novelty lies in integrating substantive, institutional, procedural, and technological dimensions into a single operational model of supervision for a special period. The practical value is a methodological basis for drafting crisis acts of the NBU/DGF, calibrating proportionality of measures, building inter-agency coordination, and maintaining trust in the financial system under heightened risks.