Karpukhin D.V. Punitive sanction as a pre-trial restriction and a measure of punishment in banking supervision

Abstract: The authors study the legal regulation of punitive sanctions in the process of banking supervision. Special attention is paid to the study of a dualistic nature of punitive sanctions used as pre-trial restrictions and measures of administrative punishment. The authors consider the basic conceptual approaches to the classification of administrative pre-trial restrictions in banking supervision. The authors work out the proposals about the creation of positive incentives to the development of the activities of lending agencies by means of the system of positive sanctions – “repayable penalties”, as a pre-trial restriction. The research methodology is based on the modern achievements in epistemology. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of special sociological research. The authors conclude that a penalty, used as a pre-trial restriction in banking supervision, should be repayable, i.e. the payed penalty should be repaid to the lending agency upon the in-time elimination of its grounds. Otherwise, if the reasons of a penalty are not eliminated, the penalty shouldn’t be repaid to the lending agency. 

Keywords: