Banking law. Banking system of the Russian Federation (most important)

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Banking law. Banking system of the Russian Federation (most important)

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9. Banking system of the Russian Federation

The term "system" in Greek (systema) means "a whole made up of parts." From a philosophical point of view systemis an integral complex of interrelated elements, which, acting as a system of a lower order, at the same time represent an element of a system of a higher order.

Banks are usually called credit authorities (organizations) due to the fact that the main direction of their activity is lending. In one way or another, all other activities of banks are connected with it.

The system of banks in the Russian Federation, their legal status and content of functions have changed significantly in connection with the transition to a market economy. Banks have ceased to be the object of exclusively state property.

Russian banking system - a set of certain interrelated elements, which are:

1) the Central Bank of the Russian Federation;

2) Russian credit institutions;

3) branches and representative offices in the Russian Federation of foreign credit institutions;

4) organizations;

5) groups of credit institutions.

At the same time, many experts include unions and associations of credit organizations in the composition of the elements of the Russian banking system. At the same time, the special position of the Association of Russian Banks (ARB) is noted.

The Bank of Russia occupies a special (main) place in the banking system, and its legal status is distinguished by significant features. This is the main bank of the Russian Federation, it is state federal property. The banking system with the allocation of a special position of the Bank of Russia as a state agency is typical for modern economically developed countries.

According to the Federal Law "On Banks and Banking Activity", a credit institution is a legal entity that, in order to make a profit as the main goal of its activity, on the basis of a special permit (license) from the Bank of Russia, has the right to carry out banking operations provided for by the said Law. Credit organizations, unlike the Bank of Russia, are formed on the basis of any form of ownership, being commercial organizations. Credit organizations as an integral part of the banking system are divided into banks and non-bank credit organizations.

Currently, the banking system of the Russian Federation, according to the law, has a two-level structure:

1) the upper level - the Central Bank of the Russian Federation;

2) the lower level - all other participants in the banking system (Russian banks and non-bank credit institutions, branches and representative offices in the Russian Federation of foreign credit institutions, unions and associations of credit institutions. At the same time, the thesis that the further qualitative development of the Russian banking system should not affect the two-level nature of its organizational structure.

Relations between the participants of the banking system are developing along two vectors:

1) between the Central Bank of the Russian Federation and other participants (primarily credit institutions);

2) between credit organizations.

Basic Principles construction and functioning of the banking system of the Russian Federation are: the unity of the banking system; two-level structure; rational combination of state regulation of the banking system and self-regulation; independence of the Central Bank of the Russian Federation from other authorities; the responsibility of the Central Bank of the Russian Federation for the development and efficient functioning of the banking system; the monopoly position of the Central Bank of the Russian Federation in the implementation of money emission; non-interference of the state in the operational activities of credit institutions; licensed procedure for banking activities; maintaining banking secrecy; stability of the banking system, etc.

Author: Belousov D.S.

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