The issue of Protection of the Rights of the Parties of the Deposit Agreement in the Draft Economic Procedural Code of Ukraine

The article is devoted to the analysis of the provisions of the Draft Economic Procedural Code of Ukraine in the framework of the part of protection of the civil rights of the parties of the deposit agreement in the procedure of economic justice. The actuality of this sphere of research is supported by the worsening of the situation on a financial market that has been lasted during the several years. The mentioned circumstances caused dramatic changes of outer and inner conditions of banking system activity. It has followed to the complications by the fulfillment of the deposit agreement. The importance of research of the chosen problem is proven by the statistics concerning the need of creation of specific rules of protection on above mentioned
categories. The author pays attention at the lack of special researches devoted to the analyzed in this paper issues. The chosen area of research can be explained by the fact that in the period of 2014-2016 68 banks were recognized as bankrupts, whose depositors got or are to get remedy of their deposits in amount ensured by the state by the Individual Deposit Guarantee Fund (hereinafter – Fund). Taking into consideration this fact it makes sense to research features of court decisionmaking process of economic courts on the matters of deposit agreement. The conclusions of the paper are based on the analysis of the main provisions of civil legislation, features of application of different norms of procedural law and scientific sources. The author researches special features of the those procedural actions where securing a claim on those categories of cases of action proceedings, where the protection and restoration of the rights of subjects of legal relations in the banking sector, take place.
The author makes the conclusion through the critical valuation of the Draft Economic Procedural Code provisions that there will be no ground for the protection of the parties of deposit agreement through regulation by the rules of application proceeding. Such kind of conclusions is based on the statement about existence of the dispute on a law matter in the disputable relationships that arise out of cases on the matter of the deposit agreement parties. It’s also proven that the Draft Economic Procedural Code has no criterions for determining the features of the uncontested debt.