Banking law. Currency regulation. Currency and currency values (most important)

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Banking law. Currency regulation. Currency and currency values (most important)

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51. Currency regulation. Currency and currency values

Currency regulation is, on the one hand, an element of the legal form of the implementation of the financial policy of the state, and on the other hand, part of the general economic policy, the main task of which is the formation and development of the monetary and financial system. Currency regulation is a set of legal and economic measures aimed at maintaining law and order and ensuring the realization of the interests of the state in the field of currency values. Regulation of currency relations, including the legal status of credit institutions as participants in such relations, in the Russian Federation is carried out by the provisions of the Constitution of the Russian Federation, the Federal Law "On currency regulation and currency control" dated December 10.12.2003, 173 No. XNUMX-FZ and other regulatory legal acts.

The currency of the Russian Federation means:

1) banknotes in the form of banknotes and coins of the Bank of Russia that are in circulation as a legal tender in cash on the territory of the Russian Federation, as well as the said banknotes withdrawn or withdrawn from circulation, but subject to exchange;

2) funds in bank accounts and bank deposits.

Foreign currency is:

1) banknotes in the form of banknotes, treasury bills, mottes that are in circulation and are legal means of cash payment on the territory of the relevant foreign state (group of foreign states), as well as the indicated banknotes withdrawn or withdrawn from circulation, but subject to exchange;

2) funds in bank accounts and bank deposits in monetary units of foreign states and international monetary or accounting units.

Foreign currency and external securities, that is, securities that are not related to internal securities, are recognized as currency values. Domestic securities include issuance securities, the nominal value of which is indicated in the currency of the Russian Federation and the issue of which is registered in the Russian Federation and other securities certifying the right to receive the currency of the Russian Federation, issued in the territory of the Russian Federation.

Credit institutions, as well as other subjects of law, become participants in foreign exchange legal relations in the event that they carry out foreign exchange transactions, which include: acquisition by a resident from a resident and alienation by a resident in favor of a resident of currency values on legal grounds, as well as the use of currency values as a means of payment; acquisition by a resident from a non-resident or non-residents from a resident and alienation by a resident in favor of a non-resident or by a non-resident in favor of a resident of currency values, the currency of the Russian Federation and domestic securities on legal grounds, as well as the use of currency values, the currency of the Russian Federation and domestic securities as a means of payment; acquisition by a non-resident from a non-resident and alienation by a non-resident in favor of a non-resident of currency values, the currency of the Russian Federation and domestic securities on legal grounds, as well as the use of currency values, the currency of the Russian Federation and domestic securities as a means of payment; import into the customs territory of the Russian Federation and export from the customs territory of the Russian Federation of currency values, the currency of the Russian Federation and domestic securities; transfer of foreign currency, the currency of the Russian Federation, internal and external securities from an account opened outside the territory of the Russian Federation to an account of the same person opened in the territory of the Russian Federation, and from an account opened in the territory of the Russian Federation to an account of the same person opened outside territory of the Russian Federation; transfer by a non-resident of the currency of the Russian Federation, internal and external securities from an account (from an account section) opened in the territory of the Russian Federation to an account (account section) of the same person opened in the territory of the Russian Federation.

Author: Belousov D.S.

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