The general principles of functioning of
payment systems in Ukraine shall be regulated by the laws of Ukraine “On the
National Bank of Ukraine” , “On Banks and Banking”, “On Payment Systems and
Funds Transfer in Ukraine”, “On the Postal Communication” and other legislative
acts of the National Bank of Ukraine.
In accordance with Article 7 Of the
Law of Ukraine “On the National Bank of Ukraine”, the National Bank of Ukraine
shall create, coordinate and control the creation of payment systems.
Domestic bank and non-bank payment systems may
be created in Ukraine.
Domestic bank payment systems include interbank
settlement systems, mass payment systems and intrabank payment
systems.
The National Bank of Ukraine has
created and ensures functioning of the interbank settlement system (the System
of Electronic Payments) and retail payment system (the National System of Mass
Electronic Payments).
The procedure for operation of the payment
system is determined by the rules established by the payment institution of the
corresponding payment system. If a payment institution is a resident, the rules
of domestic payment system and international payment system have to be agreed
by the payment institution of the payment system and the National Bank of Ukraine.
The mandatory function of the payment system is
to transfer funds.
The interbank funds transfer is carried out
within three business days.
The intrabank funds transfer is
carried out within a time period established by internal bank enactments, but
it cannot exceed two business days.
The funds transfer involves the use of payments
instruments.
The payment instruments include transfer
documents (settlement documents, cash transfer documents, interbank settlement
documents, clearing claims and others) as well as other means of payment
(payment cards, mobile payment instruments, etc.)
Processing and transfer of electronic and paper
transfer documents, documents required for transactions involving special means
of payment and withdrawal documents can be carried out through
national (domestic) and international payment systems operating in Ukraine.
The international financial institutions, in
particular, the Bank for International Settlements and the European Central
Bank acknowledge the leading role played by the payment systems and settlement
systems (hereinafter the payment systems) in supporting financial stability of
the country. In view of the above, and in order to facilitate the uninterrupted
and efficient operation of payment systems, the central banks have commenced
exercising supervision (oversight) over payment systems.
With a view to determining the policy
fundamentals with regard to exercising supervision (oversight) over payment
systems operating in Ukraine, the National Bank of Ukraine approved the
Framework for introduction of supervision (oversight) over payment systems in
Ukraine (Resolution of the Board of the National Bank of Ukraine No 426 of 15 September 2010).
The proper exercise of supervision (oversight)
function by the National Bank of Ukraine requires the development of domestic
legislation. In order to develop a legal framework for supervision (oversight)
over payment systems and entrust them with the relevant powers, the National
Bank of Ukraine has prepared proposals with regard to introducing amendments to
certain laws of Ukraine with taking into account recommendations and standards
developed by the international financial organizations.
The National System of Mass Electronic Payments
is a domestic banking multi-issuing mass electronic payment system, in which
all payments for goods and services, receiving cash and other transactions are
carried out by means of smart cards, incorporating technology developed by the
National Bank of Ukraine.
The NSMEP is a modern, high-tech and highly
protected system. The key element of the system is a smart card. The NSMEP
payment cards have a high level of protection against unauthorized access. The
high level of confidence in this system is based upon the guaranteed software
protection of chip-based payment cards and acknowledged security of
transactions, which is confirmed by the increasing volume of transactions
involving payment cards and their growing issuance.
The NSMEP introduction enabled the citizens of
Ukraine to pay for goods and services on cashless basis and withdraw cash with
the help of special means of payment (payment cards, mobile payment
instruments, etc.), as well as to keep and accumulate their savings on current
accounts with banks.
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