Міжнародне банківське право: публічне чи приватне?
International banking law: public or private?

Summary/Abstract: The article is focused on the legal analysis of the nature of theinternational banking law. Nowadays the existence of international finance,and within it, the international banking system can be stated. Having theirown subjects, the sources of legal regulation, and principles of interactionin the international arena, and institutions of accountability and supervision,the international banking law forms a homogeneous system of legal normsgrouped within the structural units of the law system – "internationalbanking law"; it claims the status of an independent branch of internationallaw.Nowadays the first authors’ concepts of international banking lawhave formed in the doctrine of international law. They are: a) the integratedfield of international private law; b) the specific legal facility of regulation,the subject of which is banking complicated by a foreign element; c) theregulatory unit governing the activities of international banking institutionsand consisting of transnational law rules governing international banking inthe space between national and international law; it may be a combinationof transnational and international private law; g) the interbank relations inthe international financial system are governed by norms of domestic andinternational law.The scientific debate concerning the legal nature of banking and itsplace in the legal system, from our point of view, serves as a proof tocreation of an independent branch of law within the framework of theinternational economic law.The international banking system is governed by its own legal system– international banking law which has its own subject of regulation,participants and sources. The international banking law is either private,and in this case it is part of the national legal system, or it is part of publicinternational law when its norms are created by subjects of internationallaw.The participants of the legal relations always belong to one and thesame legal system (international or national law), there is no "doubling" oflegal structures within the framework of international banking law. Thesubjects of public international law regulate relations in internationalbanking activities, determine basic rules, principles, standards, andrequirements, conduct international banking operations involving thedevelopment of broad unification of the rules of international banking lawby signing international treaties of universal and regional nature. Theserules, principles, and standards are implemented according to the domesticlegal order by the states which present parties in international agreements

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