Table of contents (expand)
- The concept and subject of banking law
- Method and system of banking law
- The science of banking law and banking law as an academic discipline
- Banking law norm, norm structure
- Types of banking law norms, their implementation
- Sources of banking law
- Acts of the Bank of Russia
- The effect of acts of banking legislation in time, space and circle of persons
- Banking system of the Russian Federation
- Banking. Banking operations and transactions
- Characteristics of banking legal relations
- Object, content and subjects of banking legal relations
- Legal status of the Bank of Russia
- Governing bodies of the Bank of Russia
- National Banking Council
- Principles of organization and structure of the Bank of Russia. General characteristics of his competence
- Competence of the Bank of Russia in the field of monetary policy
- Competence of the Bank of Russia in the field of cash and non-cash money circulation
- The Bank of Russia as a body of banking regulation and banking supervision, its powers
- Interaction of the Bank of Russia with authorities, its international and foreign economic activity
- Reporting and audit of the Bank of Russia
- Interaction of the Bank of Russia with credit institutions. Bank checks
- Liability of credit institutions
- Credit organizations
- Unions and associations of credit organizations. Banking group and banking holding
- Establishment of a credit organization, preliminary stage
- Signing the memorandum of association and registration of a credit organization
- Constituent documents and authorized capital
- Confirmation of payment of the authorized capital
- Licensing. Refusal to issue a license and state registration of credit institutions
- Peculiarities of establishing a credit organization with foreign investments or a branch of a foreign bank
- Business plan of a credit organization
- Procedure for opening a subdivision and representative office of a credit institution in the Russian Federation
- The procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation
- Features of registration of changes in the name and location (postal address) of a credit institution
- Duties and responsibilities of a credit institution as a participant in tax legal relations
- Liability of Credit Institutions for Certain Types of Offenses
- banking secrecy. Accounting, reporting, audit, antitrust activities of credit institutions
- Bank deposit (deposit)
- Bank account
- Characteristics of types of bank accounts
- Direct and indisputable debiting of funds from bank accounts
- Credit agreement. The procedure for providing funds under a loan agreement
- Loans from the Bank of Russia to credit institutions secured by the pledge of securities. Settlement and cash operations
- Collection of funds and other valuables in credit institutions. Settlement legal relations
- Payment order and letter of credit
- Collection and check
- Interregional electronic payments in the Russian Federation
- Trust property management
- Interbank transactions. Bank deposit insurance
- Currency regulation. Currency and currency values
- Residents and non-residents, their rights and obligations
- Currency transactions between residents and non-residents
- Internal currency market of the Russian Federation. Resident and non-resident accounts
- Currency control
- Taxation of credit institutions
- Taxation of credit organizations on profits of organizations
- Taxation of credit organizations with a unified social tax
- Taxation of credit institutions with corporate property tax
- Taxation of credit organizations with VAT
12. Object, content and subjects of banking legal relations
Object of banking legal relations - this is something about which the subjects arise legal relations, for the sake of which they enter into a legal relationship.
In legal science, there are various theories of the object of legal relationship.
According to the monistic theory (O.S. Ioffe), only human behavior can be the only object of legal relations;
Supporters of the pluralistic theory (M.S. Shargorodsky and others), on the contrary, recognize as objects of legal relations:
1) things (means of production, consumer goods, money, etc.);
2) personal non-property benefits and intangible values protected by the rule of law, products of creativity (works of literature, art);
3) the very behavior of the participants in the legal relationship (refraining from committing legally significant actions aimed at their violation);
4) the results of the behavior of the participants in the legal relationship (notification to the tax authority about opening a bank account).
In the legal literature, as an object of banking legal relations, as a rule, various material (for example, cash) and intangible goods (the stability of the banking system). The legal content of banking legal relations is formed by the subjective rights and legal obligations of participants in such legal relations:
1) the right is called subjective by belonging to the subject of the legal relationship. The implementation of a subjective right depends on the discretion of the authorized person - a participant in banking legal relations. The specified participant in the banking legal relationship may exercise the right granted to him or refuse to exercise it;
2) an obligation is called legal if it is provided for by a legal norm and is subject to unconditional fulfillment.
Subjective right of a participant in a banking legal relationship - this is the type and measure of the possible behavior of this authorized person, which, as a rule, corresponds to the legal obligation of another person.
The subjective right of the specified participant includes three powers: perform certain actions yourself; demand certain actions from another; and seek protection from state authorities. At its core, the subjective right of a participant in banking legal relations acts as a means of satisfying his interests by performing certain legal actions, requirements and claims.
In turn, the legal obligation of a participant in banking legal relations acts as a measure of the proper conduct of the obligated person, and such a measure corresponds to the subjective right of the other party to the banking legal relationship, as well as a means of satisfying other people's interests by taking necessary actions, refraining from certain actions and undergoing negative sanctions. .
The current Russian banking legislation is not without flaws. In particular, it does not contain a complete legal list of participants (subjects) of banking legal relations.
In the literature, the subjects of banking legal relations are understood as: the Government of the Russian Federation, the Central Bank of the Russian Federation, the Ministry of Finance of Russia, the ministries of finance of the republics, financial departments (departments, departments) of the administrations of territories, regions, cities of Moscow and St. Petersburg, the autonomous region, autonomous districts, districts and cities ( financial authorities), other authorized bodies, the Federal Treasury (federal service), Russian credit institutions (banks and non-bank credit institutions), branches and representative offices in the Russian Federation of foreign credit institutions, individuals and legal entities - clients of credit institutions, groups of credit institutions, unions and associations of credit organizations, etc.
Author: Belousov D.S.
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