According to Paragraph 1 Article 3 of the Law of Ukraine dated 06.07.1995 № 265/95 “On the use of registrars of calculated operations …” (hereinafter the Law № 265), all business entities that perform settlement operations in cash and / or non-cash form (using electronic means of payment, payment checks, tokens, etc.) when accepting cash for further transfer are obliged to perform settlement operations for the full amount of service through registered, sealed in the prescribed manner and transferred to the fiscal mode of operation registrars of calculated operations or through registered by the fiscal server of supervisory authority software registrars of calculated operations with creation in a paper and / or electronic form of relevant settlement documents confirming settlement operations.
Paragraph 2 Article 9 of the Law № 265 stipulates that RCO / software RCO are not used when performing banking operations. It is also noted that the use of non-fiscalized software and hardware self-service complex, which do not belong to banks, is prohibited.
Herewith, legislation does not contain definitions of the term “banking operations”. “Banking operations” are essentially specific actions (operations, transactions) carried out by banks, providing banking services, the list of which is defined by Article 47 of the Law “On Banks and Banking”. According to Article 47 of the Law of Ukraine dated 07.12.2000 № 2121-III “On Banks and Banking” banking services are allowed only to banks.
According to Paragraph 1 Article 11 of the Law of Ukraine dated 12.07.2001 № 2664-ІІІ “On financial services and state regulation of financial services markets”, financial institution is a legal entity that according to the law provides one or more financial services, as well as other services (operations) related to the provision of financial services, in cases expressly provided by law and entered in Register in the manner prescribed by law.
As follows, financial institutions, accepting cash for further transfer, are obliged to perform settlement operations for the full amount of service through registered, sealed in the prescribed manner and transferred to the fiscal mode of operation registrars of calculated operations or through registered by the fiscal server of the supervisory authority.
