Banking law. Effect of acts of banking legislation in time, space and circle of persons (the most important)

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Banking law. Effect of acts of banking legislation in time, space and circle of persons (the most important)

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8. The effect of acts of banking legislation in time, space and circle of persons

Of great practical importance is the question of the limits of the act of banking legislation in time. In order to determine the time frame for an act of legislation, it is necessary to find out when it began to operate and when its effect ceased or should cease. To resolve this issue in practice, it is necessary to establish the following circumstances:

1) the moment of entry into force of an act of banking legislation;

2) the scope of this act after its entry into force; the moment of termination of the act of banking legislation.

Acts of banking legislation come into force on the basis of a general rule (10 days after publication or immediately), or from a period specially named in this act or in another law.

The enacted act of banking legislation has legal force until its repeal. There are three options for the limits of such an act in time:

1) prospective action, when the effect of the act extends to legal facts and relations that have arisen after its entry into force;

2) immediate action - the action of the act extends to newly arisen and previously arisen legal relations, but from the date of entry into force of such an act;

3) action with retroactive effect - the action of the act extends to newly arisen relations and to legal relations that arose before its entry into force, but from an earlier date.

As a general rule, in accordance with the provisions of Art. 54 of the Constitution of the Russian Federation, a law establishing or aggravating liability does not have retroactive effect. The meaning of this requirement is that changes made to the legislation should not adversely affect the stability of relations between subjects of law, should not undermine the confidence of citizens and legal entities in the stability of their legal and economic status, in the stability of public order.

An act of banking legislation can be repealed directly, when the legislator clearly defines the date of termination of the repealed act, and indirectly. Indirect cancellation is the adoption of a new act, which means the termination of the old act from the date the new one comes into force.

Three options have been developed for setting limits for the termination of acts of banking legislation: the old law "outlives itself", i.e. its individual norms continue to regulate relations that have arisen on the basis of the old law, even after the date the new law comes into force; immediately, from the date of the loss of force by the law, it ceases to have effect on all relations that it previously regulated; an act of legislation terminates ahead of schedule, and legal relations that were previously regulated by it begin to be regulated by a new norm, which was given retroactive effect by the legislator in the prescribed manner.

Acts of banking legislation adopted by the federal authorities are valid throughout the territory of the Russian Federation. At the same time, the state territory of the Russian Federation includes land, water, subsoil and airspace. The instructions expressed in the norms of banking law, enshrined in acts of banking legislation, are addressed to a wide range of persons who are subjects of banking legal relations regulated by Russian tax law. In this case, such persons may be: citizens of the Russian Federation; Foreign citizens; stateless persons; Russian organizations; foreign organizations. All the above persons engaged in banking activities or participating in banking legal relations on the territory of the Russian Federation fall within the scope of the banking legislation of the Russian Federation (principle of territoriality).

Author: Belousov D.S.

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