Lietuvos komercinių bankų teisinės bazės formavimo ir raidos analizė (1990-1996 m.)

LTŠiuolaikinės komercinių bankų sistemos funkcionavimo sėkmingumas daug priklauso ir nuo teisinės bazės. Straipsnyje nušviečiama jos formavimo Lietuvoje pradžia, kritiškai vertinama nagrinėjamo laikotarpio šios finansų srities teisinė bazė, iškeliami trūkumai, kurie turėjo įtakos skaitlingo skaičiaus bankų griūčiai. Aptariamos teisinės priemonės, priimtos įstatymų leidėjo, likviduojant komercinių bankų griūties padarinius. [Iš leidinio]Reikšminiai žodžiai: Komerciniai bankai; Finansų teisė; Commercial banking system; Financial law.

ENDuring concerned period in Lithuania developed relations of transition to market economy. Rejecting old structures gradually developed structures of traditional, open, free market banking. However complicated economic and political situation often hampered lawmakers to pass in time legal acts which were vitally important for successful development of modern banking. First legal acts of functioning of modern banking system in Lithuania were adopted as far back as in the years of "perestroika" and Revival, but realize them were possible only in independent state. After restoration of Independence on March 11, 1990, banks became one of the most active players of economic system. On July 2, 1992, and December 21, 1994, laws on Commercial Banks were adopted, which created favorable conditions, primarilly for quantitative grouth of commercial banks (in 1994 there were already 28 of them). However development of commercial banking in Lithuania too has proved that existance of legal acts does not secure successful activity unless supervision mechanism works properly. Although formation of legal basis of commercial hanks was not abstracted from legal policy of the Republic, however, laws on Civil and Criminal codes of 1990-1994 laged behind laws establishing main provisions of commercial banking. Shortcoming of adopted laws wereone of the reasons of instability of banking system, what led firstly in 1994 to crumbling of small banks, and in 1995 some big ones. Following Resolution of Seimas of the Republic of Lithuania "On immediate measures to solve banking problems", December 29, 1995, legal acts on preservation of deposits of citizens and enterprises, on re-structurization of banks were passed. Also relevant amendments of Civil, Criminal and Administrative codes were made to expose persons responsible for crumbling of banks and to call them to criminal and administrative account.Experience of developed countries shows that success of banking system functioning significantly depends on legal basis too. This is confirme by development of Lithuanian banking during concerned period as well, where, unfortunatelly, adoption of commercial legal acts delayed from development of banking. Commercial banks were organized faster than laws regulating their activity. [From the publication]