Banking law. Characteristics of banking legal relations (the most important)

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Banking law. Characteristics of banking legal relations (the most important)

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11. Characteristics of banking legal relations

The subject of banking law are banking and legal relations - legal relations that arise and develop in the field of banking.

Banking legal relations in their subject composition are of two types, each of which, in turn, is a set of certain legal relations:

1. Relations between the Central Bank of the Russian Federation and other participants in the banking system, primarily with commercial banks. They consist of two subspecies:

1) power relations related to:

a) with the regulation of the banking system (registration of a credit institution being created, its licensing, establishment of banking rules by the Bank of Russia, etc.);

b) the implementation of the Central Bank of the Russian Federation of banking control and control over compliance with banking legislation;

c) holding credit institutions liable for violations of banking legislation, etc.;

2) relations based on the relative equality of the parties associated with the implementation of the Central Bank of the Russian Federation banking activities;

2. Arising in the process of carrying out banking activities by credit institutions:

1) interbank relations between participants of the lower level of the banking system (credit institutions);

2) relations between credit institutions and their clients (individuals and legal entities).

Banking legal relations - these are public relations protected by the state that arise in the field of banking, which represent a socially significant connection of subjects through the rights and obligations provided for by the norms of banking law.

Signs of banking legal relations:

1) these are public relations, that is, relations between persons (legal and natural) that have social significance;

2) banking legal relations - monetary relations in their economic essence, consisting in the redistribution of funds between sectors of the economy and regions of the country, the effective provision of settlements;

3) banking relationship is a legal relationship of the subjects of such legal relationships through subjective rights and legal obligations.

The composition of each specific banking legal relationship is understood as the totality of its participants, that is, the subjects of banking legal relations. The structure of banking legal relations is understood as the internal structure and interconnection of the elements of such a legal relationship.

The structure of banking legal relations, as well as any legal relations, is formed by the following three elements:

1) the subjects of the legal relationship are its participants (parties);

2) the content of the legal relationship, including: the legal content, which is formed by the subjective rights and legal obligations of these entities - participants in the banking relations in question; material content - the behavior of the parties (action or inaction) associated with the implementation of their rights and obligations;

3) the object of the legal relationship - something about which or for the sake of which the subjects of legal relations enter into a legal relationship. A variety of material and non-material benefits act as an object of legal relations.

In the process of banking activities, the structure of legal relations, on the one hand, is determined by the content of the rights and obligations of subjects (legal structure), on the other hand, it is manifested in the behavior of subjects in the course of exercising rights and obligations (actual structure).

In the case of lawful behavior of participants in a banking legal relationship, there is a coincidence of legal and factual structures, in case of a mismatch - a violation of banking legislation - an offense or a crime.

Author: Belousov D.S.

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