THE LEGAL FORM OF FINANCIAL INSTITUTIONS AS A LEGAL MECHANISM FOR RECONCILIATION ECONOMIC AND LEGAL INTERESTS OF PARTIES TO THE MAIN MARKET OF FINANCIAL SERVICES

Abstract

Problem setting. The article deals with the influence of the interests of the financial services market participants on the legal form of the financial institutions that usually operate in «complicated», «modified» legal forms. Analysis of recent researches and publications. While arguing the main conclusions of the paper, the author based on the works of such scholars as OHM. Vinnik, A. Bakaev, DV Zadyhaylo, Y. Zhornokuy, AV Kolohoyda, NN Kosenko, VN Kozlov, EA Kochergina, AJ Kurbatov, NO Pogodin, Y. Tikhomirov. Target of research. Explore the legal structure of the legal form of financial institutions as a legal mechanism to reconcile economic and legal interests of the major participants in the financial services market Article’s main body. The author concludes that the economic and legal interests of the financial services market participants play the main role in shaping the features of the organizational-legal forms of financial institutions. While paying attention to the issue of demarcation between public and private economic and legal interests the author comes to the conclusion that the legal nature of the public interest is always embodied in the provisions of legal acts, the requirements of which must be met throughout the life cycle of financial institutions. The public economic interest, being aimed at efficient and stable functioning of the national economic system of the state, is realized through the establishment of certain economic and legal requirements for the participants to financial services market as part of the regulatory, supervisory and organizational functions of the state. However, in those cases when the state (represented by the relevant body) does not operate as a founder or a member of a financial institution, the role of public interest in the modeling of organizational-legal forms of financial institutions is general in nature and only indirectly affects this process. Conclusions and prospects for the development. The key interests of the founders and members of the financial institutions are the interests of ownership, management and control, which are embodied in the elements of the organizational and legal forms of financial institutions, and which determine their structure. At the same time private economic and legal interests of various groups of financial services market participants are heterogeneous and unequally affect the formation of the characteristics of the elements of organizational-legal forms of financial institutions.