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
5. Types of banking law norms, their implementation
Depending on their purpose, the norms of banking law are divided into:
1) regulatory and legal, including legal regulations that provide the subjects of banking legal relations with certain rights and impose on them obligations and regulations that generally regulate relations in the field of banking;
2) protectiveaimed at ensuring the efficiency of the functioning of the banking system of the country, the systemic stability of credit institutions. To do this, the norms of banking law of this type establish and regulate measures to protect the rights and legitimate interests of subjects of banking legal relations (for example, measures of legal liability for violation of banking legislation and regulatory legal acts of the Central Bank of the Russian Federation). Protective banking and legal norms are aimed at protecting public order in the field of banking.
According to the content, banking and legal norms differ in:
1) norms fixing the legal status of participants in banking legal relations;
2) norms that determine the procedure for the creation, registration, licensing, operation, reorganization and liquidation of credit institutions;
3) norms that determine the forms and methods of implementation by the Central Bank of the Russian Federation of regulation of the banking system of the Russian Federation, including the procedure for interaction with commercial banks;
4) rules establishing liability for committing offenses in the banking sector, etc.
On method of influencing the behavior of subjects Distinguish: prohibiting, obliging, empowering-permissive, stimulating-encouraging norms.
On the procedure for exercising the rights and obligations of participants in banking legal relations distinguish: material norms (competence of state bodies in the field of banking regulation); procedural norms (the procedure for exercising their powers by banking authorities, as well as the procedure and procedures for protecting the rights of participants in banking legal relations).
On legal force distinguish between: legislative norms (contained in acts of legislation) and by-laws (contained in decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, acts of the Central Bank of the Russian Federation, etc.).
If overall и special rules have equal legal force, then in case of their "competition" a special rule applies. Competition arises when specific circumstances are consistent with the hypotheses of different legal norms. Then the special norm is considered as an exception to the general rule, established so that in the presence of additional facts named in its hypothesis, a special, and not a general, rule would apply.
Implementation of banking law is the process of practical implementation of the requirements and rules of conduct contained in them.
The execution of the norms of banking law is the process of the commission by all participants of banking legal relations of those actions that are prescribed in the norms.
The application of the norms of banking law is carried out by public authorities (officials) and is practically expressed in the commission by them of certain legally significant actions, inaction, the publication of individual legal acts by the Central Bank of the Russian Federation based on the requirements of substantive or procedural norms, etc.
When using the norms of banking law, the participant in banking legal relations decides for himself whether or not to use any right provided for by banking and legal norms.
Compliance with the norms of banking law is passive in its essence and consists in the refraining of a participant in banking legal relations (a credit institution) from violating the indicated banking and legal norms.
Author: Belousov D.S.
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