“CRITICAL INFRASTRUCTURE OF THE FINANCIAL SECTOR OF UKRAINE”: IDENTIFICATION OF CONTENT AND ESSENCE OF THIS LEGAL CONCEPT

Анотація

The purpose of the article is to reveal the content and essence of the legal concept of "critical infrastructure of the financial sector of Ukraine" in order to confirm or refute the statement that it is possible or not to define this phenomenon from the perspective of the object of administrative and legal protection.Results.The article reveals the content and essence of the legal concept of "critical infrastructure of the financial sector of Ukraine" in order to confirm or refute the statement that it is possible or not to define this phenomenon from the perspective of the object of administrative and legal protection.The term "critical infrastructure" is defined as the main element in this phrase, and the term "financial sector" is defined as the dependent element.The author specifies that from the economic perspective, the financial sector of Ukraine's economy is characterised by a set of financial transactions of state or commercial entities in the form of intermediary activities that objectify the distribution of financial capital in the economy.In legal discourse, it is defined by the existence of certain institutions (participants in legal relations) that, through compliance with the established rules of economic or regulatory activities, meet the public demand for the provision of quality financial and related services.It is found that according to the legislative provisions in the context of critical infrastructure of the financial sector, there are two types of objects of protection within it: 1) those determined by the National Bank; 2) those determined by the Ministry of Finance of Ukraine.Conclusions.It is concluded that the legal concept of "critical infrastructure of the financial sector of Ukraine" refers to the range of social relations which arise due to the need to ensure the smooth functioning of certain components of the financial sector which are critical in terms of the State's ability to meet its needs and develop towards autonomy and selfsufficiency, as well as to assert itself as a legal, democratic, sovereign state that properly fulfils its social purpose in the discourse of guaranteeing everyone the inviolability of their rights and legitimate interests.This interpretation does not give rise to any doubt or discussion that the state should create all conditions necessary to ensure that all critical components of the financial sector are protected, that is, provided with the ability to make an adequate, appropriate, permissible, necessary and effective response to factors, causes, circumstances, events, etc. that are potentially or actually capable of or have a negative impact on the functionality of their work.

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