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
45. Collection of funds and other valuables in credit institutions. Settlement legal relationship
The procedure for the collection of funds and other valuables in Russia for credit institutions and their branches operating in the territory of the Russian Federation is regulated by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", "On banks and banking activities", as well as the Regulations "On the procedure for conducting cash transactions in credit institutions on the territory of the Russian Federation" dated 09.10.2002 No. 199-P. Credit institutions carry out collection and delivery of their own cash and valuables, as well as cash and valuables belonging to customers independently or on contractual terms through other organizations that carry out collection operations and are part of the banking system of the Russian Federation.
Head of collection department ensures the organization of work on the delivery of valuables, the creation of conditions aimed at the safety of the transported valuables and the safety of the brigade of collectors.
Accounting, storage and use of weapons and ammunition in credit institutions are carried out in accordance with the regulations of the Ministry of Internal Affairs of Russia.
Cash collection and delivery operations are carried out only on technically sound special vehicles that have the appropriate color and graphic color, special light and sound signals; means of radio communication and other means necessary to ensure the safety and security of cash collection employees and the safety of transported valuables.
The following persons are allowed to work in the cash collection unit: fit for health reasons; tested by the bodies of the Ministry of Internal Affairs of Russia; who received training in special courses for security guards according to the program approved by the Ministry of Internal Affairs of Russia.
Employees engaged in cash collection must be provided with special equipment, personal protective equipment and armed with firearms. The procedure for obtaining by the Russian Association of cash collection in the internal affairs bodies for temporary use of certain types and models of military small arms and cartridges for it is established by the Decree of the Government of the Russian Federation "On measures to provide legal entities with special statutory tasks with military small arms".
Currently, settlement legal relations are regulated in Russia by the Civil Code of the Russian Federation and banking legislation.
Settlement legal relationship - these are public relations regulated by the rules of law and arising from the implementation of settlements between organizations and individuals in the process of economic and related non-economic activities, as well as between them and the state in the process of fulfilling financial obligations.
Peculiarities of settlements between various participants of settlement legal relations are as follows:
1) settlements with the participation of citizens, not related to their entrepreneurial activities, can be made in cash without limiting the amount or in a non-cash manner;
2) settlements between legal entities, as well as settlements with the participation of citizens related to their entrepreneurial activities, are made in a cashless manner;
3) settlements between the persons indicated in the previous paragraph may also be made in cash, unless otherwise provided by law.
Non-cash payments are made through banks and other credit organizations in which the corresponding accounts are opened, unless otherwise follows from the law and is not stipulated by the form of payment used.
When making non-cash payments, payments by payment orders are allowed; by letter of credit; checks; settlements by collection and in other forms provided for by law, banking rules established in accordance with it and business customs used in banking practice.
Author: Belousov D.S.
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