Banking law. Acts of the Bank of Russia (the most important)

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Banking law. Acts of the Bank of Russia (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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7. Acts of the Bank of Russia

The Bank of Russia issues by-laws of two types:

1) regulatory legal acts that are sources of banking law;

2) non-normative legal acts that are not sources of law.

The rules for the preparation of legal acts of the Central Bank of the Russian Federation are established by the Regulation "On the procedure for the preparation and entry into force of regulatory acts of the Bank of Russia" dated September 15.09.97, 02 No. 395-XNUMX.

On issues within its competence, the Central Bank of the Russian Federation issues the following types of regulatory legal acts binding on federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments, all legal entities and individuals: instructions; provisions; instructions.

Features of acts of the Central Bank of the Russian Federation.

1) are of a subordinate nature and cannot contradict acts of greater legal force;

2) regulate the specifics of the procedure for the implementation of banking activities by credit institutions within the framework of the management of the Central Bank of the Russian Federation by the banking system;

3) are obligatory for execution by a wide range of persons (federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments, all legal entities and individuals). If necessary, they are sent in full to all registered credit organizations;

4) come into force 10 days after the date of their official publication in the official publication of the Central Bank of the Russian Federation - the Bulletin of the Bank of Russia, except for cases established by the Board of Directors;

5) do not have retroactive effect;

6) for the most part must be registered with the Ministry of Justice of the Russian Federation in the manner established for state registration of regulatory legal acts of federal executive bodies;

7) regulatory legal acts of the Central Bank of the Russian Federation that establish: exchange rates of foreign currencies against the ruble are not subject to state registration with the Ministry of Justice of Russia; change in interest rates; the amount of reserve requirements; the amount of mandatory ratios for credit institutions and banking groups; direct quantitative restrictions; accounting and reporting rules for the Central Bank of the Russian Federation; the procedure for ensuring the functioning of the system of the Central Bank of the Russian Federation; other normative acts of the Central Bank of the Russian Federation, which, in accordance with the procedure established for federal executive bodies, are not subject to registration with the Ministry of Justice of Russia.

As a general rule, the regulatory legal acts of the Central Bank of the Russian Federation may be appealed to the court in the manner established for challenging the regulatory legal acts of federal government bodies.

In accordance with the Regulation of the Central Bank of the Russian Federation of July 18.07.2000, 115 No. XNUMX-P "On the procedure for the preparation and entry into force of official clarifications of the Bank of Russia", the Central Bank of the Russian Federation also has the right to accept official clarifications on the application of federal laws and other regulatory legal acts. Such clarifications are not normative legal acts, but "are mandatory for use by entities to which the normative legal act extends its force, on the application of which an official clarification of the Central Bank of the Russian Federation has been issued."

Adoption of by-law non-normative legal acts is possible in other forms. Currently, non-normative legal acts issued by the Central Bank of the Russian Federation are: clarifications; letters; telegrams.

By-law non-normative legal acts of the Central Bank of the Russian Federation are characterized by the following distinctive features: they are, as a rule, binding only for those persons to whom they are directly addressed; are not normative, therefore, do not create new rules of law and cannot change or supplement the provisions of regulatory legal acts; aimed at resolving and clarifying specific narrow aspects of banking.

Author: Belousov D.S.

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