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
4. Norm of banking law, structure of the norm
Banking law - this is a state-sanctioned, universally binding, socially defined rule of conduct aimed at regulating social relations in the field of regulation and implementation of banking activities, securing the rights and obligations of the subjects of relevant banking legal relations and being a criterion for evaluating behavior as lawful or unlawful.
Rule of law - one of the fundamental concepts for all varieties of normative concepts of law, which understand, recognize and define law as a system consisting of norms.
In the system of Russian law, the norms of banking law occupy an important place. First of all, this is due to the fact that the norms of banking law regulate a wide range of social relations that are essential for the effective functioning of the national economy. A significant place is occupied by the rules on the procedure for banking control by the Central Bank of the Russian Federation, on responsibility for committing offenses in the banking sector.
The main features of the norms of banking law, they are:
1) regulate a wide range of social relations, consisting of two interrelated segments: relations that are essential for the functioning of the state's monetary system and the effective development of the economy (relations in the sphere of state regulation of the banking system); relations that are directly significant for the effective implementation by business entities of their entrepreneurial activities, both banking and other entrepreneurial activities in which banks and other credit institutions act as "conductors" of payments (relations in the field of regulation of the procedure for banking activities) ;
2) determine the boundaries of the proper, permissible or recommended behavior of individuals (users of banking services) and legal entities (credit institutions and their clients), the procedure for the activities of state authorities, local governments and their officials, as well as state bodies in the field of banking and banking system;
3) establish the legal regime of relations between participants in banking legal relations, determine the rights and obligations of credit institutions and their clients, as well as guarantees for their implementation;
4) not only streamline, consolidate and protect new social relations that arise in the field of banking and the banking system in the context of ongoing economic reform, but also displace non-legal relations and phenomena that do not meet the current level of development from the sphere of state management of the banking system (banking administration). law, the tasks of maintaining a balance of private and public interests.
The elements of the structure of the norm of banking law are: hypothesis; disposition; sanction.
Hypothesis: the content of the rule of conduct established by the norm of banking law; actual conditions for the implementation of this norm, or circumstances in the presence of which it is necessary or possible to act in a certain way.
Disposition- the core element of the banking law norm, which formulates the content of the most prescribed, permitted or recommended rule of conduct by this norm of law.
Sanction- an integral part of the norm of banking law, which indicates the legal consequences - incentive (favorable consequences) or punitive (adverse consequences) measures. Consequences come in case of improper compliance or violation of the norm.
Author: Belousov D.S.
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