Banking law. Legal status of the Bank of Russia (the most important)

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Banking law. Legal status of the Bank of Russia (the most important)

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13. Legal status of the Bank of Russia

In accordance with the Constitution of the Russian Federation and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)":

1) the Central Bank of the Russian Federation exercises its functions and powers independently of other federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments;

2) The Central Bank of the Russian Federation is a legal entity, has a seal with the image of the State Emblem of the Russian Federation and with its name. At the same time, the names "Central Bank of the Russian Federation" and "Bank of Russia" are equivalent;

3) the location of the central bodies of the Central Bank of the Russian Federation - the city of Moscow;

4) the authorized capital and other property of the Central Bank of the Russian Federation are federal property;

5) The Central Bank exercises the authority to own, use and dispose of the property entrusted to it, including gold and foreign exchange reserves, in accordance with the purposes and in the manner established by law. Seizure and encumbrance of the said property without the consent of the Central Bank of the Russian Federation are not allowed, unless otherwise provided by federal law;

6) the state, as a rule, is not responsible for the obligations of the Central Bank of the Russian Federation, and the Central Bank of the Russian Federation - for the obligations of the state;

7) The Central Bank of the Russian Federation can be liquidated only on the basis of the adoption of the relevant law of the Russian Federation on an amendment to the Constitution of the Russian Federation.

The objectives of the activities of the Central Bank of the Russian Federation are:

1) protection and stability of the ruble;

2) development and strengthening of the banking system of the Russian Federation;

3) ensuring the efficient and uninterrupted functioning of the payment system.

Making a profit is not the purpose of the activity of the Central Bank of the Russian Federation. At the same time, the Central Bank carries out its expenses at the expense of its own income.

The Central Bank of the Russian Federation is accountable to the State Duma of the Federal Assembly of the Russian Federation. Accountability lies in the fact that, in accordance with the legislation, the State Duma:

1) appoints and dismisses the Chairman of the Central Bank of the Russian Federation on the proposal of the President of the Russian Federation;

2) appoints and dismisses members of the Board of Directors of the Central Bank of the Russian Federation on the proposal of the Chairman of the Central Bank of the Russian Federation, agreed with the President of the Russian Federation;

3) send and recall representatives of the State Duma to the National Banking Council within its quota;

4) considers the main directions of the unified state monetary policy and makes decisions on them;

5) considers the annual report of the Central Bank of the Russian Federation and makes a decision on it;

6) makes a decision on the audit by the Accounts Chamber of the Russian Federation of the financial and economic activities of the Central Bank of the Russian Federation, its structural divisions and institutions;

7) hold parliamentary hearings on the activities of the Central Bank of the Russian Federation with the participation of its representatives; hears reports of the Chairman of the Central Bank of the Russian Federation on the activities of the Central Bank of the Russian Federation.

The authorized capital of the Central Bank of the Russian Federation is 3 billion rubles. The Central Bank of the Russian Federation is not entitled to participate in the capital or be a member of other commercial or non-commercial organizations if they do not ensure the activities of the Central Bank of the Russian Federation, its institutions, organizations and employees, except for cases established by federal laws.

An exception to this rule is the participation of the Central Bank of the Russian Federation in:

1) the capitals of the following Russian credit institutions: the Savings Bank of the Russian Federation and the Bank for Foreign Trade (until January 1, 2003, then the Central Bank of the Russian Federation withdrew from the capital of this bank);

2) the capitals of the following credit institutions established in the territories of foreign states: Donau-Bank AG, Vienna; East West United Bank, Luxembourg; Commercial Bank for Northern Europe - Eurobank, Paris; Moscow People's Bank Ltd, London; Ost-West Handelsbanka AG, Frankfurt am Main.

The Central Bank of the Russian Federation can participate in the capital and activities of international organizations that are engaged in the development of cooperation in the monetary, foreign exchange, and banking sectors.

Author: Belousov D.S.

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