Banking law. Concept and subject of banking law (most important)

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Banking law. Concept and subject of banking law (most important)

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1. The concept and subject of banking law

The banking system acts as a driving mechanism of the national economy - it ensures the accumulation of free funds of individuals and legal entities and their interregional and intersectoral redistribution; intranational and international settlement relations between various economic entities. In Russia, relations that develop during the functioning of the state’s financial system and the financial activities of the state and municipalities are traditionally regulated by financial law.

In Soviet times, banking law was considered as an institution or section of financial law. Banking law currently acts as an independent branch of Russian law.

Banking Law can be defined as - a set of legal norms governing social relations arising in the process of implementation by the Central Bank and credit organizations, as well as the regulation of the Russian banking system.

Subject of banking law constitute public relations in the field of banking (banking legal relations).

Since banking law - a complex branch of law, then the social relations that make up its subject are also complex (mixed or complex) in nature.

The closest to banking law by the method of legal regulation is administrative law. However, banking law should not be considered as an integral part of administrative law. The interaction of these industries is based on the application of the same method of legal regulation - imperative, as well as the fact that in many banking relations, bodies with powers of authority take part, which implies inequality of the parties, as in administrative law.

The norms of banking law supplement the civil law provisions established by the Civil Code of the Russian Federation. For example, this applies to the rules governing legal relations under a bank account agreement, a bank deposit agreement, and settlements. Banking rules create conditions for the implementation of the requirements of civil law, and not vice versa. They regulate the very service that the bank provides to customers. Violations of banking law become a legal fact for the emergence of a protective civil law relationship (for example, if a bank unreasonably debits funds from a client's account, the bank will be required to pay interest in the manner prescribed by the Civil Code of the Russian Federation).

The rules of banking operations are established by laws regulating banking activities and regulations of the Central Bank of the Russian Federation. Consequently, the criterion for the application of civil liability in these cases are the norms of banking law and the presence or absence of violations of these norms.

Subject of banking law - this is a set of legally regulated public relations that develop in the following areas of banking:

▪ construction, development and functioning of the banking system of the Russian Federation by authorized state bodies (primarily the Central Bank of the Russian Federation);

▪ legal relations arising in the process of carrying out banking activities by credit institutions (banks and non-bank credit institutions);

▪ banking control and control over compliance with banking legislation;

▪ protection of the rights and legitimate interests of participants in banking legal relations;

▪ bringing to justice for committing offenses in the field of banking activities.

The above relations in the aggregate constitute banking legal relations.

Author: Belousov D.S.

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