The author’s definition of the concept mentioned in the title is formulated in the article and the system-forming features that make up its essence are analyzed. As well as scientifically substantiated proposals aimed at solving existing problems and improving the overall legal mechanism on this topic are developed. In particular, “constitutional, legislative and other regulatory and legal support of banks as subjects of prevention of criminal legal relations” should be understood as defined and guaranteed in the relevant legal sources procedure for preventive activities of banking institutions of all forms of ownership in the field of their direct public purpose and functioning, in order to prevent and counteract committing of criminal offenses.

Based on this, the following system-forming features of this concept are derived, namely they are:

1. Precautionary activities that are defined at the regulatory level.
2. Precautionary activities of banks must be guaranteed at the regulatory level.
3. The preventive activity of banks of Ukraine follows from the essence of constitutional, legislative and other normative legal acts, which regulate their social and legal nature in the system of public relations, as well as define functions and tasks in order to ensure the rights and legitimate interests of all banking participants.
4. The preventive activity of banks of Ukraine provides the corresponding procedure of realization of the corresponding functions and tasks on the specified issues.
5. Banking institutions of all forms of ownership shall be engaged in preventive activities.
6. Banking institutions are engaged in preventive activities only in the field of their work, as they are not endowed with the status of law-enforcement agencies, as well as not assigned to operational units (Article 5 of the Law of Ukraine “On operational and investigative activities”) and investigators (Article 40 of the Criminal Procedural Code of Ukraine).
7. The purpose of banking institutions as subjects of criminal offenses prevention is to prevent and counteract these socially dangerous acts committing.

Key words: legislation, criminal proceedings, bank, banking activities, subject of prevention, prevention of criminal offense.

References

1. Shpek, R. “Problems of crime detection in the banking sector”, Internet portal FinPost, available at: http://finpost.com.ua/news/5429 (accessed 10 September 2021).
2. Anatomy of cybercrime: key trends of 2020, available at: https:// ecpl.com.ua/news/anatomiia-kiber-zlochynu (accessed 10 September 2021).
3. “A case has been opened over UAH 9 billion collected through Arkada Bank”, Financial Club, available at: https://finclub.net/ua/news/vidkryto-spravu-shchodo-9-mlrd-hrn-zibranykh-cherez-bank-arkada.html (accessed 10 September 2021).
4. Hnatiuk, H. М. and Chertoryzka, Т. K. (1972), Dictionary of the Ukrainian language, Scientific thought, Kyiv.
5. “Regulatory term”, Wikipedia, available at: https://uk.wikipedia.org/wiki (accessed 10 September 2021).
6. Ukraine (2008), Regarding the Definition of the Concept of Normative Legal Act While Determining the Allowance for High Achievements in Work or Performance of Especially Important Work: a letter, State Customs Service of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/rada/show/v2073342-08#Text (accessed 10 September 2021).
7. Hrebenkov, H. V. (2013), Man in legal existence: Introduction to legal personality, Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine, Donetsk.
8. Yeroshenko, О. (2012), Large explanatory dictionary of the Ukrainian language, Hloriia Treid, Donetsk.
9. Kelman, М. S., Kotukha, О. S. and Koval, І. М. (2018), General state and law theory, Terno-hraf, Ternopil.
10. Ukraine (1998), Decision of the Constitutional Court of Ukraine in the Case on the Constitutional Appeal of the Kyiv City Council, Trade Unions on the Official Interpretation of Part Three of Article 21 of the Labor Code of Ukraine (case on the interpretation of the term “legislation”), available at: https://zakon.rada.gov.ua/laws/show/v012p710-98#Text (accessed 10 September 2021).
11. Stepaniuk, А. Kh. and Avtukhov, K. А. (2013), “Procedural aspects of the doctrine of Criminal and Executive Law”, Legal doctrine of Ukraine: in 5 volumes, Vol. 5: Criminal law sciences in Ukraine: state, problems and ways of development, Pravo, Kharkiv.
12. Ukraine (1994), On the State Protection of Employees of Court and Law-Enforcement Agencies: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
13. Zakaliuk, A. P. (2007), Course of modern Ukrainian Criminology: theory and practice: 3 books, Book 1: Theoretical principles and history of Ukrainian criminological science, In Yure, Kyiv.
14. Petryshyn, О. V., Pohrebniak, S. P., Smorodynskyi, V. S. et al. (2014), State and law theory, Pravo, Kharkiv.
15. Kolb, R. О. (2021), Banking institution as a subject of crime prevention: abstract of Ph.D. in Law thesis, Zaporizhzhia.
16. Hlotov, М. How to protect your money on the card, available at: https://www.epravda.com.ua/columns/2015/07/8/549843/ (accessed 10 September 2021).