Banking law. Interaction of the Bank of Russia with credit institutions. Bank checks (most important)

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Banking law. Interaction of the Bank of Russia with credit institutions. Bank checks (most important)

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22. Interaction of the Bank of Russia with credit institutions. Bank checks

The Central Bank of the Russian Federation, despite its dominant role in the banking system, is not entitled to demand from credit institutions:

1) performance of functions unusual for them;

2) provision of information not provided for by law on the clients of credit institutions and other third parties, not related to the banking services of these persons.

Relations between the Central Bank of the Russian Federation and credit institutions are developing in the following areas:

1) how a credit institution of the Central Bank of the Russian Federation interacts, for example, with commercial banks in the process of banking; as a body of state power of the Central Bank of the Russian Federation:

2) decide on the state registration of credit institutions, keep the Book of State Registration of Credit Institutions;

3) issue licenses to credit institutions to carry out banking operations, suspend the said licenses and revoke them;

4) in accordance with federal laws, establish qualification requirements for candidates for the positions of members of the board of directors (supervisory board), the sole executive body, his deputies, members of the collegial executive body, the chief accountant, deputy chief accountants of a credit institution, as well as for candidates for the positions of the head , deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution;

5) issue regulatory acts binding on other participants in banking legal relations;

6) establish economic standards binding on credit institutions;

7) exercise banking supervision.

Performing the function of the core of the banking system of the Central Bank of the Russian Federation: interacts with credit institutions, their associations and unions, consults with them before making the most important regulatory decisions, provides the necessary clarifications, considers proposals on banking regulation; responds in writing to credit institutions within one month on issues within its competence (if necessary, the term for consideration of a request may be extended by the Central Bank of the Russian Federation, but not more than for one month); creates, with the involvement of representatives of credit institutions, committees and working groups operating on a voluntary basis to study certain issues of banking.

When interacting with other credit institutions, for example, with commercial banks, in order to exercise their functions of banking regulation and banking supervision, the Central Bank of the Russian Federation:

1) conducts inspections of credit institutions (their branches);

2) send them binding orders to eliminate the violations identified in their activities and apply the sanctions provided for by law in relation to violators.

Banking checks can be carried out either by authorized representatives (employees) of the Central Bank of the Russian Federation in the manner established by the Board of Directors, or on behalf of the Board of Directors - by audit organizations;

The Central Bank of the Russian Federation is not entitled to conduct more than one inspection of a credit institution (its branch) on the same issues for the same reporting period of the credit institution (its branch). In this case, the audit may cover only five calendar years of activity of the credit institution (its branch) preceding the year of the audit. Conducting by the Central Bank of the Russian Federation of a repeated inspection of a credit institution (its branch) on the same issues for the same reporting period of the activity of a credit institution (its branch) for an already audited period is permitted in cases provided for by law.

Author: Belousov D.S.

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