DOI: 10.25136/2409-7136.2018.4.26026

Abstract: The article is devoted to the ways of improving the institution of bank account pledge of rights and legal regime of pledge account. In particular, the author analyzes opportunities of overcoming the collisions of civil and financial laws arising as a result of pledge accounts, procedures of openning and closing pledge accounts, and reduction of depositing burden on possible loan losses that may be incurred by banks when enabling credit organisation clients to pledge their rights based on a bank account contract. The methodological basis of the research includes general research method (analysis, synthesis, analogy) and special research methods (formal law method and systems approach). The novelty of the research is caused by the fact that that there are certain problems of the legal regulation and lack of the integral approach to solving them. The following conclusions have been made by the author on the basis of the research results: 1. At the present time there is no clear system of recording bank account pledge of rights which disturbs the right of non-pledge pledgor creditors to judicial defence. 2. Prior to the moment when the bank account pledge of rights occur, the bank must have all necessary information about the pledgee and grounds of his or her participation in the pledge relations. 3. To provide banks with an opportunity to execute rights set forth by the AML/CFT laws, there should be a balance between private pledge account laws and public laws being achieved. 4. In order to reduce the depositing burden on banks, the author suggests to view the bank account pledge of rights as the first type of collateral.

DOI: 10.25136/2409-7136.2017.9.23606

Abstract: The research subject is the problem of application of the “court bail” concept to cash in banks. The author considers the problem in the context of the correlation of the doctrine novels and law enforcement practice with the current normative procedure and the established approaches of the doctrine to the institutions of pledge and bank account. The author gives general characteristics of a “court bail”, describes the legal nature of attachment and pledge of bank accounts, compares the subjects of attachment and pledge and reveals the problems of application of a “court bail” to cash in banks. The research methodology is based on general scientific methods of cognition: analysis, synthesis, induction, deduction, and specific methods: system-structural, formal-logical, comparative-legal analysis. The scientific novelty and topicality of the study is determined by the scientific discussion about the application of the “court bail” concept and by the absence of law enforcement practice. A “court bail” is a means of securing pledgees’ interests, but its unconditional application, based on the private nature of pledge relations, can lead to the infringement of public rights. It is especially important in relation to attachment of bank accounts of economic entities, which are used for payment for labour or compensation of damage. The results of the study can be used for further development of the “court bail” concept and changing the current legislation.