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
3. The science of banking law and banking law as an academic discipline
The Science of Banking Law - this is a system of categories, conclusions and judgments about the legal and economic and legal phenomena that make up its subject, and represents a certain set of knowledge, theoretical provisions and conclusions about the content, role and significance, as well as the development of banking law as an integral part of Russian law.
The science of banking law studies:
1) principles of banking law;
2) norms of banking law and their development;
3) ways to improve banking legislation; social relations emerging in the process of functioning and development of the Russian banking system;
4) social relations formed in the process of banking activities, as well as to protect the rights and legitimate interests of participants in banking legal relations and users of banking services, as well as much more.
The Science of Banking Law explores patterns and trends in the development of banking law as an integral part of Russian law.
The subject of science banking law are public relations that arise in the process of regulation and implementation of banking activities by subjects of banking law, including:
1) power relations arising in the process of regulation of the banking system by the relevant state bodies;
2) legal relations arising in the process of building, developing and functioning of the banking system of the Russian Federation, etc.
Normative base of the science of banking law draw up acts of banking legislation, as well as law enforcement and judicial practice in this area.
The theoretical basis of the science of banking law is legal, philosophical, general sociological sciences, the provisions of the theory of the state, the theory of finance and economic theory.
The main methods of the science of banking law are:
1) special legal method - consists in the description and analysis of norms and legal relations, their explanation, interpretation and classification;
2) comparative legal - is based on a comparison of legal institutions belonging to the legal systems of different countries;
3) specific sociological - includes such techniques as personal observation of the activities of banking bodies, conducting sociological research;
4) historical - involves a historical retrospective study aimed at identifying the origins of today's legal problems, identifying patterns of legal evolution of certain legal institutions;
5) the method of living cognition - involves the personal participation of the researcher in legal relations of interest to him;
6) systemic and statistical methods are also used.
Functions of the science of banking law: general theoretical; analytical; critical; constructive; educational.
Banking law as an academic discipline is a subject of teaching in higher education at the law and economic faculties of universities. Thanks to this academic discipline, future specialists - economists and lawyers - receive the necessary knowledge about the banking system and banking law. Currently the course "Banking law" studied in most law and economic universities.
Unlike the academic discipline of banking law, the science of banking law, among other things, includes theoretical hypotheses and assumptions that have not yet been proven, many of which may subsequently turn out to be erroneous. They are not used in the educational process. In addition, the training course also does not cover obsolete and outdated provisions of the law and law enforcement practice.
Author: Belousov D.S.
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