Banking law. Sources of banking law (most important)

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Banking law. Sources of banking law (most important)

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6. Sources of banking law

Sources of banking law - this is a set of officially defined external forms, in which the norms regulating relations arising in the course of banking activity are clothed, that is, the forms of the external content of banking law.

The sources of banking law are the provisions of the Constitution of the Russian Federation that regulate banking legal relations: directly containing banking and legal norms; of great importance in establishing the general principles of banking law; regulating the procedure for the creation, activities, legal status of the Bank of Russia and credit institutions; which are of great importance in the formation of the financial policy of the Russian Federation; defining strategic directions for improving and developing banking law and the banking system of the Russian Federation; in general, forming the constitutional foundations of economic activity in the Russian Federation.

In Russia, legislation has traditionally been the main source of law.

Legislation is currently understood as a set of laws regulating the relevant area of public relations. By-laws are not included in the legislation.

Russian banking legislation, according to the views of many scientists, consists of two parts:

1) special banking legislation;

2) general banking legislation.

Special banking legislation consists of laws specifically designed to regulate banking legal relations. Such laws, in particular, include Federal laws:

▪ dated December 10.12.2003, 173 No. XNUMX-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”;

▪ dated 02.12.1990 No. 395-1 “On banks and banking activities”;

▪ dated 25.02.1999 No. 40-FZ “On the insolvency (bankruptcy) of credit organizations.”

Scientists specializing in the field of banking law and various government officials propose and defend the need to adopt a wide range of other acts of special banking legislation, which, according to their developers, are necessary to improve the efficiency of banking regulation and the functioning of the banking system.

The general banking legislation includes other federal laws regulating the norms of banking law. Such laws, in particular, include: the Civil Code of the Russian Federation, part one of November 30.11.1994, 51 No. 26.01.1996-FZ, part two of January 14, 26.11.2001 No. 146-FZ, part three of November 13.06.1996, 63 No. 31-FZ; Criminal Code of the Russian Federation of June 1998, 146 No. 19-FZ (in terms of legal liability for crimes in the credit and banking sector); Tax Code of the Russian Federation, part one of July 2000, 117 No. 26.12.1995-FZ and part two of July 208, XNUMX No. XNUMX-FZ (regarding the legal liability of credit institutions for violation of legislation on taxes and fees); Federal Law No. XNUMX-FZ of December XNUMX, XNUMX "On Joint-Stock Companies" (regarding the legal status of credit institutions established in the legal form of joint-stock companies), etc.

By-laws:

a) acts of bodies of general competence: decrees of the President of the Russian Federation (Decree "On measures to strengthen control over the use of federal budget funds"; "On approval of a comprehensive program of measures to ensure the rights of depositors and shareholders"; "On improving the work of the banking system of the Russian Federation"; "On the procedure for importing into the Russian Federation and exporting from the Russian Federation precious metals and stones, etc.) and resolutions of the Government of the Russian Federation;

b) acts of bodies of special competence - departmental subordinate regulatory legal acts of the Bank of Russia, the Ministry of Finance of Russia, the Federal Customs Service, etc.

Also, the sources include decisions of the Constitutional Court of the Russian Federation; local acts of credit institutions, acts of unions and associations of credit institutions; contracts and customs of business turnover used in banking practice and the rules of international law and international treaties of the Russian Federation.

Author: Belousov D.S.

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