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
2. Method and system of banking law
Legal regulation method - these are ways of legal influence on the behavior and will of the participants in regulated relations.
The value of the method of legal regulation First of all, it lies in the fact that the presence in domestic legal science of an independent method of regulation is usually considered as an essential basis for highlighting a particular branch of law. The method of legal regulation of banking law is a set of legal methods and techniques of legal influence on the behavior and will on the participants in banking legal relations, with the help of which these social relations that are the subject of banking law are regulated.
The main methods of banking law are:
1) public law method (imperative method, administrative-legal method, method of power and subordination, subordination method, authoritarian method, etc.);
2) private law method (civil law method);
3) a complex method, which is a combination of the two above methods. The presence of this method is due to the complex nature of banking law.
Banking law as an independent complex branch of law is included in the unified system of Russian law, and, in turn, is a system of a lower level. Banking law is a system of consistently located and mutually linked legal norms, united by the internal unity of goals, objectives, subject of regulation, principles and methods of such regulation. The norms of banking law are grouped into two parts - common part и special part. Thus, from the point of view of its structure, banking law acts as a system consisting of general and special parts.
Separate sets of banking law of the following legally interrelated norms form its institutions, for example: the institution of a bank account; bank deposit; bank loan; deposit insurance; issuance by banks of their own securities; correspondent relations with foreign banks; currency control, etc.
a common part banking law includes norms that fix general, strategic provisions that are developed in all institutions of the special part of banking law: regulating the structure and patterns of development of the banking system of the Russian Federation; establishing the system, meaning and content of the principles of banking law; determining the forms and limits of banking activities as one of the types of permissible economic activity in the Russian Federation; establishing the fundamental rights and obligations of participants in relations regulated by banking law, and a number of others.
a common part banking law also contains special provisions that are absent in other branches of law.
Special part includes rules governing the specific procedure for the implementation of banking activities. This part includes norms grouped into the following institutions:
▪ Institute of Banking Supervision;
▪ bank account; bank deposit;
▪ bank loan;
▪ deposit insurance;
▪ settlement relations;
▪ banks issue their own securities;
▪ correspondent relations with foreign banks;
▪ accounting and reporting in the field of banking;
▪ currency control, etc.
The listed institutions dedicated to the legal regulation of the current banking activity of participants in social relations regulated by banking law (subjects of banking activity) in science are called functional institutions of banking law.
Author: Belousov D.S.
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