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Механизмы санации банков bail-out и bail-in в Европейском банковском праве: достоинства и недостатки
After the crisis 2008 started as a global financial crisis of the banking sector and turned into a budget crisis in the EU Member States, the strategy of saving banks through state financing was criticized. A negative assessment of the actions of supranational and national authorities is related to the lack of coordination of actions to prevent the consequences of bankruptcy of the banks and their subdivisions in various countries and the waste of budget funds for compensation of losses incurred by financial organizations management acting in bad faith. To stabilize the banking sector of the EU Member States the decision to establish the Banking Union was made. One of the pillars of the union is recovery and resolution of financial organizations with a new strategy “bail-in”, according to which the losses of a bank likely to fail shall be compensated at the expense of the bank itself and its creditors. In a framework of the present article the pros and cons of “bail-in” strategy are considered as well as advantages and disadvantages of its predecessor. Urgency of the raised problem is conditioned upon the analysis of grounds of financial crisis 2008 in order to prevent its negative influence on banking sector of the EU in future. Besides, comparison of pros and cons of bank recovery and resolution strategies applied in the European Union may be useful for the purposes of their implementation in the Russian banking regulation.
The article contains analysis of different opinions presented in foreign doctrine in relation to the bank resolution strategies. It examines problems of legal and economic character connected to bank recovery and resolution in one country as well as in different countries. The article is divided into two parts, the first of which is devoted to the analysis of pros and cons of “bail-out” strategy and to the detailed investigation of Fortis group resolution in a framework of the strategy. The second part presents advantages and disadvantages of “bail-in” strategy, including those reflected in course of its implementation in the national systems of the EU Member States. To sum up, conclusions are drawn regarding the effectiveness of the bank recovery and resolution strategies in the EU.