Banking. Legal basis for the activities of banks in the Russian Federation (lecture notes)

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Banking. Legal basis for the activities of banks in the Russian Federation (lecture notes)

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Legal basis for the activities of banks in the Russian Federation (Laws "On banks and banking activities", "On the Central Bank of the Russian Federation (Bank of Russia)")

The legal foundations and the definition of the legal status of the activities of banks on the territory of the Russian Federation are the Law "On the Central Bank of the Russian Federation (Bank of Russia)" adopted on April 12.04.95, 7.07.95 and the law "On banks and banking activities" adopted on July XNUMX, XNUMX.

The Law on the Bank of Russia determines the legal status of the Central Bank of the Russian Federation. The law fixes that the property of the bank is owned by the state, and in its activities it is accountable to the legislative and executive bodies of state power. Along with this, the Bank is a legal entity. a person independently performs its functions and in its current activities is independent of the state economic management bodies. According to the Law, the supreme body of the Bank is the Board of Directors, which manages the activities of the Central Bank in the implementation of the government's monetary policy. The chairman of the bank and members of the Council are appointed by the State. Duma on the proposal of the President. The law defines the main functions, directions and activities of the Central Bank. Most of these functions of the Central Bank are monopoly (issuance of cash, control over the activities of CBs and licensing their activities, establishes models of forms and procedures for reporting and making payments, conducting the country's monetary policy and organizing cash circulation, etc.). The law also provides for the reporting of the Central Bank provided by the State. Duma and published in the press.

The Law "On Banks and Banking Activities" defines the concepts of a bank, a credit institution, a non-bank credit institution and a foreign bank, determines the procedure and forms for the formation of banks and the conditions for their registration with the Central Bank of the Russian Federation, defines banking operations, which are the main types of banking activities, and operations that banks may perform in addition to them, establishes the procedure for submitting bank statements and procedures for ensuring the stability of the banking system, protecting the rights and interests of depositors and creditors of credit institutions, the procedure and methods for exercising control of the Central Bank of the Russian Federation over the activities of credit institutions, as well as their relationship between the state and each other. Separately, the law stipulates the procedures for opening branches, representative offices and subsidiaries in the territory of foreign states and savings business.

These two laws distinguish between the activities of commercial banks and the Central Bank of the Russian Federation.

Author: Shevchuk D.A.

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