Banking law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Banking law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. The concept and subject of banking law

The banking system acts as a driving mechanism of the national economy - it ensures the accumulation of free funds of individuals and legal entities and their interregional and intersectoral redistribution; intranational and international settlement relations between various economic entities. In Russia, relations that develop during the functioning of the state’s financial system and the financial activities of the state and municipalities are traditionally regulated by financial law.

In Soviet times, banking law was considered as an institution or section of financial law. Banking law currently acts as an independent branch of Russian law.

Banking Law can be defined as - a set of legal norms governing social relations arising in the process of implementation by the Central Bank and credit organizations, as well as the regulation of the Russian banking system.

Subject of banking law constitute public relations in the field of banking (banking legal relations).

Since banking law - a complex branch of law, then the social relations that make up its subject are also complex (mixed or complex) in nature.

The closest to banking law by the method of legal regulation is administrative law. However, banking law should not be considered as an integral part of administrative law. The interaction of these industries is based on the application of the same method of legal regulation - imperative, as well as the fact that in many banking relations, bodies with powers of authority take part, which implies inequality of the parties, as in administrative law.

The norms of banking law supplement the civil law provisions established by the Civil Code of the Russian Federation. For example, this applies to the rules governing legal relations under a bank account agreement, a bank deposit agreement, and settlements. Banking rules create conditions for the implementation of the requirements of civil law, and not vice versa. They regulate the very service that the bank provides to customers. Violations of banking law become a legal fact for the emergence of a protective civil law relationship (for example, if a bank unreasonably debits funds from a client's account, the bank will be required to pay interest in the manner prescribed by the Civil Code of the Russian Federation).

The rules of banking operations are established by laws regulating banking activities and regulations of the Central Bank of the Russian Federation. Consequently, the criterion for the application of civil liability in these cases are the norms of banking law and the presence or absence of violations of these norms.

Subject of banking law - this is a set of legally regulated public relations that develop in the following areas of banking:

▪ construction, development and functioning of the banking system of the Russian Federation by authorized state bodies (primarily the Central Bank of the Russian Federation);

▪ legal relations arising in the process of carrying out banking activities by credit institutions (banks and non-bank credit institutions);

▪ banking control and control over compliance with banking legislation;

▪ protection of the rights and legitimate interests of participants in banking legal relations;

▪ bringing to justice for committing offenses in the field of banking activities.

The above relations in the aggregate constitute banking legal relations.

2. Method and system of banking law

Legal regulation method - these are ways of legal influence on the behavior and will of the participants in regulated relations.

The value of the method of legal regulation First of all, it lies in the fact that the presence in domestic legal science of an independent method of regulation is usually considered as an essential basis for highlighting a particular branch of law. The method of legal regulation of banking law is a set of legal methods and techniques of legal influence on the behavior and will on the participants in banking legal relations, with the help of which these social relations that are the subject of banking law are regulated.

The main methods of banking law are:

1) public law method (imperative method, administrative-legal method, method of power and subordination, subordination method, authoritarian method, etc.);

2) private law method (civil law method);

3) a complex method, which is a combination of the two above methods. The presence of this method is due to the complex nature of banking law.

Banking law as an independent complex branch of law is included in the unified system of Russian law, and, in turn, is a system of a lower level. Banking law is a system of consistently located and mutually linked legal norms, united by the internal unity of goals, objectives, subject of regulation, principles and methods of such regulation. The norms of banking law are grouped into two parts - common part и special part. Thus, from the point of view of its structure, banking law acts as a system consisting of general and special parts.

Separate sets of banking law of the following legally interrelated norms form its institutions, for example: the institution of a bank account; bank deposit; bank loan; deposit insurance; issuance by banks of their own securities; correspondent relations with foreign banks; currency control, etc.

a common part banking law includes norms that fix general, strategic provisions that are developed in all institutions of the special part of banking law: regulating the structure and patterns of development of the banking system of the Russian Federation; establishing the system, meaning and content of the principles of banking law; determining the forms and limits of banking activities as one of the types of permissible economic activity in the Russian Federation; establishing the fundamental rights and obligations of participants in relations regulated by banking law, and a number of others.

a common part banking law also contains special provisions that are absent in other branches of law.

Special part includes rules governing the specific procedure for the implementation of banking activities. This part includes norms grouped into the following institutions:

▪ Institute of Banking Supervision;

▪ bank account; bank deposit;

▪ bank loan;

▪ deposit insurance;

▪ settlement relations;

▪ banks issue their own securities;

▪ correspondent relations with foreign banks;

▪ accounting and reporting in the field of banking;

▪ currency control, etc.

The listed institutions dedicated to the legal regulation of the current banking activity of participants in social relations regulated by banking law (subjects of banking activity) in science are called functional institutions of banking law.

3. The science of banking law and banking law as an academic discipline

The Science of Banking Law - this is a system of categories, conclusions and judgments about the legal and economic and legal phenomena that make up its subject, and represents a certain set of knowledge, theoretical provisions and conclusions about the content, role and significance, as well as the development of banking law as an integral part of Russian law.

The science of banking law studies:

1) principles of banking law;

2) norms of banking law and their development;

3) ways to improve banking legislation; social relations emerging in the process of functioning and development of the Russian banking system;

4) social relations formed in the process of banking activities, as well as to protect the rights and legitimate interests of participants in banking legal relations and users of banking services, as well as much more.

The Science of Banking Law explores patterns and trends in the development of banking law as an integral part of Russian law.

The subject of science banking law are public relations that arise in the process of regulation and implementation of banking activities by subjects of banking law, including:

1) power relations arising in the process of regulation of the banking system by the relevant state bodies;

2) legal relations arising in the process of building, developing and functioning of the banking system of the Russian Federation, etc.

Normative base of the science of banking law draw up acts of banking legislation, as well as law enforcement and judicial practice in this area.

The theoretical basis of the science of banking law is legal, philosophical, general sociological sciences, the provisions of the theory of the state, the theory of finance and economic theory.

The main methods of the science of banking law are:

1) special legal method - consists in the description and analysis of norms and legal relations, their explanation, interpretation and classification;

2) comparative legal - is based on a comparison of legal institutions belonging to the legal systems of different countries;

3) specific sociological - includes such techniques as personal observation of the activities of banking bodies, conducting sociological research;

4) historical - involves a historical retrospective study aimed at identifying the origins of today's legal problems, identifying patterns of legal evolution of certain legal institutions;

5) the method of living cognition - involves the personal participation of the researcher in legal relations of interest to him;

6) systemic and statistical methods are also used.

Functions of the science of banking law: general theoretical; analytical; critical; constructive; educational.

Banking law as an academic discipline is a subject of teaching in higher education at the law and economic faculties of universities. Thanks to this academic discipline, future specialists - economists and lawyers - receive the necessary knowledge about the banking system and banking law. Currently the course "Banking law" studied in most law and economic universities.

Unlike the academic discipline of banking law, the science of banking law, among other things, includes theoretical hypotheses and assumptions that have not yet been proven, many of which may subsequently turn out to be erroneous. They are not used in the educational process. In addition, the training course also does not cover obsolete and outdated provisions of the law and law enforcement practice.

4. Norm of banking law, structure of the norm

Banking law - this is a state-sanctioned, universally binding, socially defined rule of conduct aimed at regulating social relations in the field of regulation and implementation of banking activities, securing the rights and obligations of the subjects of relevant banking legal relations and being a criterion for evaluating behavior as lawful or unlawful.

Rule of law - one of the fundamental concepts for all varieties of normative concepts of law, which understand, recognize and define law as a system consisting of norms.

In the system of Russian law, the norms of banking law occupy an important place. First of all, this is due to the fact that the norms of banking law regulate a wide range of social relations that are essential for the effective functioning of the national economy. A significant place is occupied by the rules on the procedure for banking control by the Central Bank of the Russian Federation, on responsibility for committing offenses in the banking sector.

The main features of the norms of banking law, they are:

1) regulate a wide range of social relations, consisting of two interrelated segments: relations that are essential for the functioning of the state's monetary system and the effective development of the economy (relations in the sphere of state regulation of the banking system); relations that are directly significant for the effective implementation by business entities of their entrepreneurial activities, both banking and other entrepreneurial activities in which banks and other credit institutions act as "conductors" of payments (relations in the field of regulation of the procedure for banking activities) ;

2) determine the boundaries of the proper, permissible or recommended behavior of individuals (users of banking services) and legal entities (credit institutions and their clients), the procedure for the activities of state authorities, local governments and their officials, as well as state bodies in the field of banking and banking system;

3) establish the legal regime of relations between participants in banking legal relations, determine the rights and obligations of credit institutions and their clients, as well as guarantees for their implementation;

4) not only streamline, consolidate and protect new social relations that arise in the field of banking and the banking system in the context of ongoing economic reform, but also displace non-legal relations and phenomena that do not meet the current level of development from the sphere of state management of the banking system (banking administration). law, the tasks of maintaining a balance of private and public interests.

The elements of the structure of the norm of banking law are: hypothesis; disposition; sanction.

Hypothesis: the content of the rule of conduct established by the norm of banking law; actual conditions for the implementation of this norm, or circumstances in the presence of which it is necessary or possible to act in a certain way.

Disposition- the core element of the banking law norm, which formulates the content of the most prescribed, permitted or recommended rule of conduct by this norm of law.

Sanction- an integral part of the norm of banking law, which indicates the legal consequences - incentive (favorable consequences) or punitive (adverse consequences) measures. Consequences come in case of improper compliance or violation of the norm.

5. Types of banking law norms, their implementation

Depending on their purpose, the norms of banking law are divided into:

1) regulatory and legal, including legal regulations that provide the subjects of banking legal relations with certain rights and impose on them obligations and regulations that generally regulate relations in the field of banking;

2) protectiveaimed at ensuring the efficiency of the functioning of the banking system of the country, the systemic stability of credit institutions. To do this, the norms of banking law of this type establish and regulate measures to protect the rights and legitimate interests of subjects of banking legal relations (for example, measures of legal liability for violation of banking legislation and regulatory legal acts of the Central Bank of the Russian Federation). Protective banking and legal norms are aimed at protecting public order in the field of banking.

According to the content, banking and legal norms differ in:

1) norms fixing the legal status of participants in banking legal relations;

2) norms that determine the procedure for the creation, registration, licensing, operation, reorganization and liquidation of credit institutions;

3) norms that determine the forms and methods of implementation by the Central Bank of the Russian Federation of regulation of the banking system of the Russian Federation, including the procedure for interaction with commercial banks;

4) rules establishing liability for committing offenses in the banking sector, etc.

On method of influencing the behavior of subjects Distinguish: prohibiting, obliging, empowering-permissive, stimulating-encouraging norms.

On the procedure for exercising the rights and obligations of participants in banking legal relations distinguish: material norms (competence of state bodies in the field of banking regulation); procedural norms (the procedure for exercising their powers by banking authorities, as well as the procedure and procedures for protecting the rights of participants in banking legal relations).

On legal force distinguish between: legislative norms (contained in acts of legislation) and by-laws (contained in decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, acts of the Central Bank of the Russian Federation, etc.).

If overall и special rules have equal legal force, then in case of their "competition" a special rule applies. Competition arises when specific circumstances are consistent with the hypotheses of different legal norms. Then the special norm is considered as an exception to the general rule, established so that in the presence of additional facts named in its hypothesis, a special, and not a general, rule would apply.

Implementation of banking law is the process of practical implementation of the requirements and rules of conduct contained in them.

The execution of the norms of banking law is the process of the commission by all participants of banking legal relations of those actions that are prescribed in the norms.

The application of the norms of banking law is carried out by public authorities (officials) and is practically expressed in the commission by them of certain legally significant actions, inaction, the publication of individual legal acts by the Central Bank of the Russian Federation based on the requirements of substantive or procedural norms, etc.

When using the norms of banking law, the participant in banking legal relations decides for himself whether or not to use any right provided for by banking and legal norms.

Compliance with the norms of banking law is passive in its essence and consists in the refraining of a participant in banking legal relations (a credit institution) from violating the indicated banking and legal norms.

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.

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.

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).

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.

10. Banking. Banking operations and transactions

Banking activity is the subject of banking law.

Features of banking activities:

1) this is an entrepreneurial, commercial activity, that is, aimed at making a profit;

2) it can be carried out only by special entities: credit institutions and only on the basis of the permission of the Central Bank of the Russian Federation (license) and the Central Bank of the Russian Federation itself;

3) the main content of such activities is the systematic execution of banking operations and banking transactions.

Banking - this is the activity of credit institutions and the Central Bank of the Russian Federation aimed at extracting profit in the systematic execution of banking operations and banking transactions.

Allocate three types of dealscommitted by credit institutions:

1) banking transactions;

2) banking operations;

3) other transactions of credit institutions.

Bank operations These are transactions that only credit institutions can make. The performance of banking operations by persons who do not have a license to carry out banking activities is prosecuted by law and punishable by the application of legal liability measures up to criminal.

Bank transactions - these are transactions that, in addition to banks and non-banking organizations, other organizations and individual entrepreneurs can also make. In cases where such transactions are made by credit institutions, the transactions themselves are considered banking and constitute banking activities. All banking operations and other transactions are carried out in rubles, and if there is an appropriate license from the Central Bank of the Russian Federation - in foreign currency.

Banking transactions include:

1) attraction of funds of individuals and legal entities in deposits (on demand and for a certain period);

2) placement of such borrowed funds on its own behalf and at its own expense;

3) opening and maintaining bank accounts of individuals and legal entities;

4) making settlements on behalf of individuals and legal entities, including correspondent banks, on their bank accounts;

5) collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities;

6) purchase and sale of foreign currency in cash and non-cash forms;

7) attraction to deposits and placement of precious metals;

8) issuance of bank guarantees;

9) implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders).

In addition to the banking operations listed above, a credit institution is entitled to carry out the following deals:

1) issuance of guarantees for third parties providing for the fulfillment of obligations in cash;

2) acquisition of the right to demand from third parties the fulfillment of obligations in cash;

3) trust management of funds and other property under agreements with individuals and legal entities;

4) carrying out operations with precious metals and precious stones in accordance with the legislation of the Russian Federation;

5) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;

6) leasing operations;

7) provision of consulting and information services.

With the exception of banking operations and banking transactions, a credit institution is entitled to carry out other transactions in accordance with the legislation of the Russian Federation. Their commission does not constitute banking activity and is of an auxiliary nature for its implementation. Such other transactions of credit institutions include, for example: transactions for the acquisition of the necessary special equipment, cars and office equipment, lease; purchase of premises necessary for banking activities, etc.

11. Characteristics of banking legal relations

The subject of banking law are banking and legal relations - legal relations that arise and develop in the field of banking.

Banking legal relations in their subject composition are of two types, each of which, in turn, is a set of certain legal relations:

1. Relations between the Central Bank of the Russian Federation and other participants in the banking system, primarily with commercial banks. They consist of two subspecies:

1) power relations related to:

a) with the regulation of the banking system (registration of a credit institution being created, its licensing, establishment of banking rules by the Bank of Russia, etc.);

b) the implementation of the Central Bank of the Russian Federation of banking control and control over compliance with banking legislation;

c) holding credit institutions liable for violations of banking legislation, etc.;

2) relations based on the relative equality of the parties associated with the implementation of the Central Bank of the Russian Federation banking activities;

2. Arising in the process of carrying out banking activities by credit institutions:

1) interbank relations between participants of the lower level of the banking system (credit institutions);

2) relations between credit institutions and their clients (individuals and legal entities).

Banking legal relations - these are public relations protected by the state that arise in the field of banking, which represent a socially significant connection of subjects through the rights and obligations provided for by the norms of banking law.

Signs of banking legal relations:

1) these are public relations, that is, relations between persons (legal and natural) that have social significance;

2) banking legal relations - monetary relations in their economic essence, consisting in the redistribution of funds between sectors of the economy and regions of the country, the effective provision of settlements;

3) banking relationship is a legal relationship of the subjects of such legal relationships through subjective rights and legal obligations.

The composition of each specific banking legal relationship is understood as the totality of its participants, that is, the subjects of banking legal relations. The structure of banking legal relations is understood as the internal structure and interconnection of the elements of such a legal relationship.

The structure of banking legal relations, as well as any legal relations, is formed by the following three elements:

1) the subjects of the legal relationship are its participants (parties);

2) the content of the legal relationship, including: the legal content, which is formed by the subjective rights and legal obligations of these entities - participants in the banking relations in question; material content - the behavior of the parties (action or inaction) associated with the implementation of their rights and obligations;

3) the object of the legal relationship - something about which or for the sake of which the subjects of legal relations enter into a legal relationship. A variety of material and non-material benefits act as an object of legal relations.

In the process of banking activities, the structure of legal relations, on the one hand, is determined by the content of the rights and obligations of subjects (legal structure), on the other hand, it is manifested in the behavior of subjects in the course of exercising rights and obligations (actual structure).

In the case of lawful behavior of participants in a banking legal relationship, there is a coincidence of legal and factual structures, in case of a mismatch - a violation of banking legislation - an offense or a crime.

12. Object, content and subjects of banking legal relations

Object of banking legal relations - this is something about which the subjects arise legal relations, for the sake of which they enter into a legal relationship.

In legal science, there are various theories of the object of legal relationship.

According to the monistic theory (O.S. Ioffe), only human behavior can be the only object of legal relations;

Supporters of the pluralistic theory (M.S. Shargorodsky and others), on the contrary, recognize as objects of legal relations:

1) things (means of production, consumer goods, money, etc.);

2) personal non-property benefits and intangible values protected by the rule of law, products of creativity (works of literature, art);

3) the very behavior of the participants in the legal relationship (refraining from committing legally significant actions aimed at their violation);

4) the results of the behavior of the participants in the legal relationship (notification to the tax authority about opening a bank account).

In the legal literature, as an object of banking legal relations, as a rule, various material (for example, cash) and intangible goods (the stability of the banking system). The legal content of banking legal relations is formed by the subjective rights and legal obligations of participants in such legal relations:

1) the right is called subjective by belonging to the subject of the legal relationship. The implementation of a subjective right depends on the discretion of the authorized person - a participant in banking legal relations. The specified participant in the banking legal relationship may exercise the right granted to him or refuse to exercise it;

2) an obligation is called legal if it is provided for by a legal norm and is subject to unconditional fulfillment.

Subjective right of a participant in a banking legal relationship - this is the type and measure of the possible behavior of this authorized person, which, as a rule, corresponds to the legal obligation of another person.

The subjective right of the specified participant includes three powers: perform certain actions yourself; demand certain actions from another; and seek protection from state authorities. At its core, the subjective right of a participant in banking legal relations acts as a means of satisfying his interests by performing certain legal actions, requirements and claims.

In turn, the legal obligation of a participant in banking legal relations acts as a measure of the proper conduct of the obligated person, and such a measure corresponds to the subjective right of the other party to the banking legal relationship, as well as a means of satisfying other people's interests by taking necessary actions, refraining from certain actions and undergoing negative sanctions. .

The current Russian banking legislation is not without flaws. In particular, it does not contain a complete legal list of participants (subjects) of banking legal relations.

In the literature, the subjects of banking legal relations are understood as: the Government of the Russian Federation, the Central Bank of the Russian Federation, the Ministry of Finance of Russia, the ministries of finance of the republics, financial departments (departments, departments) of the administrations of territories, regions, cities of Moscow and St. Petersburg, the autonomous region, autonomous districts, districts and cities ( financial authorities), other authorized bodies, the Federal Treasury (federal service), Russian credit institutions (banks and non-bank credit institutions), branches and representative offices in the Russian Federation of foreign credit institutions, individuals and legal entities - clients of credit institutions, groups of credit institutions, unions and associations of credit organizations, etc.

13. Legal status of the Bank of Russia

In accordance with the Constitution of the Russian Federation and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)":

1) the Central Bank of the Russian Federation exercises its functions and powers independently of other federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments;

2) The Central Bank of the Russian Federation is a legal entity, has a seal with the image of the State Emblem of the Russian Federation and with its name. At the same time, the names "Central Bank of the Russian Federation" and "Bank of Russia" are equivalent;

3) the location of the central bodies of the Central Bank of the Russian Federation - the city of Moscow;

4) the authorized capital and other property of the Central Bank of the Russian Federation are federal property;

5) The Central Bank exercises the authority to own, use and dispose of the property entrusted to it, including gold and foreign exchange reserves, in accordance with the purposes and in the manner established by law. Seizure and encumbrance of the said property without the consent of the Central Bank of the Russian Federation are not allowed, unless otherwise provided by federal law;

6) the state, as a rule, is not responsible for the obligations of the Central Bank of the Russian Federation, and the Central Bank of the Russian Federation - for the obligations of the state;

7) The Central Bank of the Russian Federation can be liquidated only on the basis of the adoption of the relevant law of the Russian Federation on an amendment to the Constitution of the Russian Federation.

The objectives of the activities of the Central Bank of the Russian Federation are:

1) protection and stability of the ruble;

2) development and strengthening of the banking system of the Russian Federation;

3) ensuring the efficient and uninterrupted functioning of the payment system.

Making a profit is not the purpose of the activity of the Central Bank of the Russian Federation. At the same time, the Central Bank carries out its expenses at the expense of its own income.

The Central Bank of the Russian Federation is accountable to the State Duma of the Federal Assembly of the Russian Federation. Accountability lies in the fact that, in accordance with the legislation, the State Duma:

1) appoints and dismisses the Chairman of the Central Bank of the Russian Federation on the proposal of the President of the Russian Federation;

2) appoints and dismisses members of the Board of Directors of the Central Bank of the Russian Federation on the proposal of the Chairman of the Central Bank of the Russian Federation, agreed with the President of the Russian Federation;

3) send and recall representatives of the State Duma to the National Banking Council within its quota;

4) considers the main directions of the unified state monetary policy and makes decisions on them;

5) considers the annual report of the Central Bank of the Russian Federation and makes a decision on it;

6) makes a decision on the audit by the Accounts Chamber of the Russian Federation of the financial and economic activities of the Central Bank of the Russian Federation, its structural divisions and institutions;

7) hold parliamentary hearings on the activities of the Central Bank of the Russian Federation with the participation of its representatives; hears reports of the Chairman of the Central Bank of the Russian Federation on the activities of the Central Bank of the Russian Federation.

The authorized capital of the Central Bank of the Russian Federation is 3 billion rubles. The Central Bank of the Russian Federation is not entitled to participate in the capital or be a member of other commercial or non-commercial organizations if they do not ensure the activities of the Central Bank of the Russian Federation, its institutions, organizations and employees, except for cases established by federal laws.

An exception to this rule is the participation of the Central Bank of the Russian Federation in:

1) the capitals of the following Russian credit institutions: the Savings Bank of the Russian Federation and the Bank for Foreign Trade (until January 1, 2003, then the Central Bank of the Russian Federation withdrew from the capital of this bank);

2) the capitals of the following credit institutions established in the territories of foreign states: Donau-Bank AG, Vienna; East West United Bank, Luxembourg; Commercial Bank for Northern Europe - Eurobank, Paris; Moscow People's Bank Ltd, London; Ost-West Handelsbanka AG, Frankfurt am Main.

The Central Bank of the Russian Federation can participate in the capital and activities of international organizations that are engaged in the development of cooperation in the monetary, foreign exchange, and banking sectors.

14. Management bodies of the Bank of Russia

The Chairman of the Bank of Russia is appointed by the State Duma of the Russian Federation for a period of four years by a majority vote of the total number of deputies on the proposal of the President of the Russian Federation. The same person cannot hold the position of the Chairman of the Central Bank of the Russian Federation for more than three consecutive terms. The chairman is dismissed by the State Duma of the Russian Federation on the proposal of the President of the Russian Federation in cases of expiration of the term of office, inability to perform official duties, confirmed by the conclusion of the state medical commission, filing a personal resignation letter, committing a criminally punishable act established by a court verdict that has entered into legal force and violation of federal laws , which regulate issues related to the activities of the Central Bank of the Russian Federation.

Features of the legal status of the Chairman of the Central Bank of the Russian Federation: acts on behalf of the Central Bank of the Russian Federation and represents its interests without a power of attorney in relations with state authorities, credit institutions, organizations of foreign states, international organizations, other institutions and organizations; chairs meetings of the Board of Directors; signs the regulations of the Central Bank of the Russian Federation, decisions of the Board of Directors, minutes of meetings of the Board of Directors, agreements concluded by the Central Bank of the Russian Federation, and has the right to delegate the right to sign the regulations of the Central Bank of the Russian Federation to a person replacing him from among the members of the Board of Directors, etc.

The main collegial governing body of the Bank of Russia - Board of Directors, which includes: the Chairman of the Central Bank of the Russian Federation and 12 members of the Board of Directors. Members of the Board of Directors:

1) work on a permanent basis at the Central Bank of the Russian Federation;

2) are appointed by the State Duma for a period of four years on the proposal of the Chairman of the Central Bank of the Russian Federation, agreed with the President of the Russian Federation;

3) are dismissed by the Chairman of the Central Bank of the Russian Federation (after the expiration of the term of office) and the State Duma (on the proposal of the Chairman of the Central Bank of the Russian Federation before the expiration of the term of office).

The Board of Directors meets at least once a month. Meetings of the Board of Directors are appointed by the Chairman of the Central Bank of the Russian Federation or a person replacing him, or at the request of at least three members of the Board of Directors.

Members of the Board of Directors are promptly notified of the appointment of a meeting of the Board of Directors.

Decisions of the Board of Directors are made by a majority of votes from the number of members of the Board of Directors present at the meeting, with a quorum of seven people and the obligatory presence of the Chairman of the Central Bank of the Russian Federation or a person replacing him.

The Board of Directors performs the following functions:

1) in cooperation with the Government of the Russian Federation, develops a draft of the main directions of the unified state monetary policy and the main directions of the unified state monetary policy and submits these documents for consideration to the National Banking Council, as well as to the President of the Russian Federation, the Government of the Russian Federation and the State Duma;

2) ensures the implementation of the main directions of the unified state monetary policy;

3) approves the annual financial statements of the Central Bank of the Russian Federation, considers the audit report on the annual financial statements of the Central Bank of the Russian Federation and the conclusion of the Accounts Chamber of the Russian Federation based on the results of the audit of the accounts and operations of the Central Bank of the Russian Federation, which are subject to the Law of the Russian Federation "On State Secrets", and submits these materials as part of the annual report of the Central Bank of the Russian Federation to the National Banking Council and the State Duma;

4) and others.

Mandatory official publication in the Bulletin of the Central Bank of the Russian Federation is subject to decisions of the Board of Directors on changes in interest rates, the amount of reserve requirements, the amount of mandatory ratios for credit institutions and banking groups, etc.

15. National Banking Council

The National Banking Council is a collegial body of the Central Bank of the Russian Federation. Its number is 12 people, of which:

1) two are sent by the Federation Council of the Federal Assembly of the Russian Federation from among the members of the Federation Council;

2) three - by the State Duma from among the deputies of the State Duma;

3) three - by the President of the Russian Federation;

4) three - by the Government of the Russian Federation;

5) one - Chairman of the Central Bank of the Russian Federation.

The recall of members of the National Banking Council is carried out by the state authority that sent them to the National Banking Council.

Members of the National Banking Council, with the exception of the Chairman of the Central Bank of the Russian Federation, do not work in the Bank of Russia on a permanent basis and do not receive payment for this activity. Chairman of the National Banking Council:

1) is elected by the members of the National Banking Council from among them by a majority vote of the total number of members of the National Banking Council;

2) carry out general management of its activities, chair its meetings. In the absence of the Chairman of the National Banking Council, his functions are performed by a deputy elected from among the members of the National Banking Council by a majority vote of the total number of members of the National Banking Council.

The National Banking Council meets at least once a quarter. Meetings are appointed by the Chairman of the National Banking Council or, in the absence of the Chairman of the National Banking Council, by his deputy, as well as at the request of the Chairman of the Central Bank of the Russian Federation or at least three members of the National Banking Council. Members of the National Banking Council are promptly notified of the meeting of the National Banking Council. Decisions of the National Banking Council are taken by a majority of votes from the number of members of the National Banking Council present with a quorum of seven people. When decisions are made by the National Banking Council, the opinion of the members of the National Banking Council who are in the minority is recorded at their request in the minutes of the meeting of the National Banking Council. In case of equality of votes, the vote of the chairman of the meeting of the National Banking Council is decisive.

The competence of the National Banking Council includes:

1) consideration of the annual report of the Central Bank of the Russian Federation;

2) approval on the basis of proposals from the Board of Directors for the next year no later than December 15 of the previous year: the total amount of expenses for the maintenance of employees of the Central Bank of the Russian Federation, the total amount of expenses for pensions, life insurance and medical insurance of employees of the Central Bank of the Russian Federation, the total volume of capital investments, the total volume other administrative and business expenses;

3) approval, if necessary, on the basis of proposals from the Board of Directors, of additional expenses for the maintenance of employees of the Central Bank of the Russian Federation, additional expenses for pensions, life insurance and medical insurance of its employees, additional capital investments, as well as approval of other additional administrative and economic expenses;

4) consideration of issues of improving the banking system of the Russian Federation;

5) consideration of the draft main directions of the unified state monetary policy and implementation of the adopted main directions of the unified state monetary policy;

6) resolving issues related to the participation of the Central Bank of the Russian Federation in the capital of credit institutions;

7) appointment of the chief auditor of the Central Bank of the Russian Federation and consideration of his reports;

8) determination of an audit organization - the auditor of the annual financial statements of the Central Bank of the Russian Federation;

9) approval, at the suggestion of the Board of Directors, of the accounting and reporting rules for the Central Bank of the Russian Federation, etc.

16. Principles of organization and structure of the Bank of Russia. General characteristics of his competence

According to the principles of the organization of the Bank of Russia, CBR is a single centralized system with a vertical management structure.

Structure of the Bank of Russia is a certain set of interrelated elements determined by the goals, objectives and competence of the Central Bank of the Russian Federation. It includes: the central office; territorial institutions; cash settlement centers; computing centers; field institutions; educational establishments; other organizations, including security units and the Russian Collection Association, which are necessary for the implementation of the activities of the Central Bank of the Russian Federation.

Territorial institutions of the Bank of Russia:

1) are not legal entities;

2) have no right to issue, without the permission of the Board of Directors, bank guarantees and guarantees, promissory notes and other obligations;

3) by decision of the Board of Directors, they can be created in regions that unite the territories of several constituent entities of the Russian Federation.

The tasks and functions of the territorial institutions of the Central Bank of the Russian Federation are determined by the Regulations on the territorial institutions of the Central Bank of the Russian Federation, approved by the Board of Directors. The territorial institutions of the Central Bank of the Russian Federation are, among others, the National Banks of the republics within the Russian Federation.

Field institutions of the Bank of Russia - These are military institutions that are guided in their activities by military regulations, as well as the Regulations on field institutions of the Central Bank of the Russian Federation, approved jointly by the Central Bank of the Russian Federation and the Ministry of Defense of the Russian Federation. They are intended for banking services to military units, institutions and organizations of the Ministry of Defense of the Russian Federation, other state bodies and legal entities that ensure the security of the Russian Federation, individuals living in the territories of facilities serviced by field institutions of the Central Bank of the Russian Federation, in cases where the creation and functioning of territorial institutions The Central Bank of the Russian Federation is impossible.

Employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors, have a certain range of rights and obligations (they do not have the right to work part-time, as well as on the basis of a work contract; they do not have the right to hold positions in credit and other organizations; they are required to notify in writing within ten days.

Board of Directors on their acquisition of shares (stakes) in credit institutions; can receive loans for personal needs only in the Central Bank of the Russian Federation.

Under the competence of the Central Bank of the Russian Federation understood by him: rights; responsibilities; subjects of control.

The Central Bank of the Russian Federation performs the following main functions:

1) in cooperation with the Government of the Russian Federation develops and implements a unified state monetary policy;

2) monopoly issues cash and organizes cash circulation;

3) is a creditor of last resort for credit institutions, organizes a system of their refinancing;

4) establishes the rules for making settlements in the Russian Federation;

5) establishes the rules for conducting banking operations;

6) maintains accounts of budgets of all levels of the budgetary system of the Russian Federation, unless otherwise established by federal laws, by carrying out settlements on behalf of authorized executive bodies and state non-budgetary funds, which are entrusted with organizing the execution and execution of budgets;

7) carry out effective management of the gold and foreign exchange reserves of the Central Bank of the Russian Federation;

8) decide on the state registration of credit institutions, issue them licenses for banking operations, suspend their operation and revoke them;

9) exercise supervision over the activities of credit institutions and banking groups;

10) register the issue of securities by credit institutions in accordance with federal laws;

11) carries out independently or on behalf of the Government of the Russian Federation all types of banking operations and other transactions and other functions.

17. Competence of the Bank of Russia in the field of monetary policy

Under monetary policy of the Russian Federation is understood as a set of measures of state influence, techniques and tools aimed and used to improve the efficiency of public administration in the monetary and credit spheres.

The Central Bank of the Russian Federation annually, no later than August 26, submits to the State Duma a draft of the main directions of the unified state monetary policy for the coming year. Preliminarily, the draft of the main directions of the unified state monetary policy is submitted to the President of the Russian Federation and the Government of the Russian Federation and no later than December 1 - the main directions of the unified state monetary policy for the coming year. The main directions of the unified state monetary policy include the following provisions:

1) the conceptual principles underlying the monetary policy pursued by the Central Bank of the Russian Federation;

2) a brief description of the state of the economy of the Russian Federation;

3) forecast of the expected fulfillment of the main parameters of monetary policy in the current year;

4) quantitative analysis of the reasons for the deviation from the monetary policy goals declared by the Central Bank of the Russian Federation for the current year, assessment of the prospects for achieving these goals and justification for their possible adjustment;

5) a scenario (consisting of at least two options) forecast for the development of the Russian economy for the coming year, indicating prices for oil and other Russian exports provided for by each scenario;

6) forecast of the main indicators of the balance of payments of the Russian Federation for the coming year;

7) targets characterizing the main objectives of the monetary policy declared by the Central Bank of the Russian Federation for the coming year, including interval indicators of inflation, monetary base, money supply, interest rates, changes in gold and foreign exchange reserves;

8) the main indicators of the monetary program for the coming year;

9) options for applying the tools and methods of monetary policy that ensure the achievement of targets under various scenarios of the economic situation; the action plan of the Central Bank of the Russian Federation for the coming year to improve the banking system of the Russian Federation, banking supervision, financial markets and the payment system.

Main tools и methods monetary policy of the Central Bank of the Russian Federation are:

1) interest rates on operations of the Central Bank of the Russian Federation. They are used to influence market interest rates;

2) norms of required reserves deposited with the Bank of Russia (reserve requirements);

3) open market operations. Operations on the open market mean the purchase and sale by the Central Bank of the Russian Federation of treasury bills, government bonds, other government securities, bonds of the Central Bank of the Russian Federation, as well as short-term operations with these securities with the completion of a reverse transaction later;

4) refinancing of credit institutions, which refers to lending by the Central Bank of the Russian Federation to credit institutions;

5) foreign exchange interventions. Purchase and sale of foreign currency on the foreign exchange market to influence the ruble exchange rate and the total demand and supply of money;

6) setting benchmarks for the growth of the money supply. The Central Bank of the Russian Federation may set growth targets for one or more indicators of the money supply, based on the main directions of the unified state monetary policy;

7) direct quantitative restrictions, which mean the establishment of limits on the refinancing of credit institutions and the performance by credit institutions of certain banking operations;

8) issue of bonds on its own behalf. In order to implement monetary policy, the Central Bank of the Russian Federation may, on its own behalf, issue bonds placed and circulated among credit institutions.

18. Competence of the Bank of Russia in the field of cash and non-cash money circulation

The official monetary unit (currency) of the Russian Federation is ruble. One ruble consists of 100 kopecks. The introduction of other monetary units on the territory of the Russian Federation and the issuance of monetary surrogates are prohibited. Currently, the official ratio between the ruble and gold or other precious metals is not established.

Banknotes and coins of the Central Bank of the Russian Federation:

1) are unconditional obligations of the Central Bank of the Russian Federation and are secured by all its assets;

2) act as the only legal means of cash payment on the territory of the Russian Federation. Their forgery and illegal manufacture are punishable by law.

3) are required to be accepted at face value when making all types of payments, for crediting to accounts, deposits and for transfers throughout the territory of the Russian Federation;

4) cannot be declared invalid (invalid legal tender), unless a sufficiently long period of their exchange for banknotes and coins of the Central Bank of the Russian Federation of a new sample is established.

No restrictions are allowed on amounts or subjects of exchange. When exchanging banknotes and coins of the Central Bank of the Russian Federation of the old sample for banknotes and coins of the Central Bank of the Russian Federation of a new sample, the period for withdrawing banknotes and coins from circulation cannot be less than one year, but should not exceed five years. The Central Bank of the Russian Federation exchanges shabby and damaged banknotes without restrictions in accordance with the rules established by it.

The issue of cash (banknotes and coins), the organization of their circulation and withdrawal from circulation on the territory of the Russian Federation are carried out exclusively by the Central Bank of the Russian Federation. This is ensured by the fact that only the Board of Directors of the Central Bank of the Russian Federation makes decisions:

1) on the issue of banknotes and coins of the Central Bank of the Russian Federation of a new sample;

2) on the withdrawal from circulation of old banknotes and coins of the Central Bank of the Russian Federation;

3) approves the denominations and samples of new banknotes. The description of the new banknotes is published in the media.

The circulation of cash is regulated as part of the total money turnover. The main legal acts that contain the rules governing the circulation of cash in the Russian Federation include the Constitution of the Russian Federation, the Civil Code of the Russian Federation, as well as numerous acts of the Central Bank of the Russian Federation, among which the main one is the Regulation "On the rules for organizing cash circulation in the territory of the Russian Federation" dated 05.01.1998 No. 14-P.

In order to organize cash circulation on the territory of the Russian Federation, the Central Bank of the Russian Federation performs the following functions:

1) forecasting and organization of production, transportation and storage of banknotes and coins of the Central Bank of the Russian Federation, creation of their reserve funds;

2) establishment of rules for the storage, transportation and collection of cash for credit institutions;

3) establishing signs of solvency of banknotes and coins of the Central Bank of the Russian Federation, the procedure for their destruction, as well as the replacement of damaged banknotes and coins of the Central Bank of the Russian Federation;

4) determination of the procedure for conducting cash transactions.

Non-cash settlements are settlements between entities without the use of cash (banknotes), by transferring funds from the accounts of banking (other credit) organizations in order to offset mutual claims.

The Central Bank of the Russian Federation in the field of non-cash payments: carries out interbank non-cash payments through its institutions; acts as a body coordinating, regulating and licensing the organization of settlement, including clearing, systems in the Russian Federation; establishes rules, forms, terms and standards for non-cash payments. To this end, almost every year the Bank of Russia approves the Regulations on non-cash payments in the Russian Federation.

The total term for making payments by non-cash settlements should not exceed: two business days if the specified payment is made within the territory of a constituent entity of the Russian Federation and five business days if the specified payment is made within the territory of the Russian Federation.

19. The Bank of Russia as a body of banking regulation and banking supervision, its powers

CBR - the main body of banking regulation and banking supervision. He exercises constant supervision over the observance by credit institutions and banking groups of banking legislation, regulations of the Central Bank of the Russian Federation, and the mandatory standards established by them.

The main goals of banking regulation and banking supervision are to maintain the stability of the banking system of the Russian Federation and protect the interests of depositors and creditors. The Central Bank of the Russian Federation does not interfere in the operational activities of credit institutions, except in cases provided for by federal laws.

In order to exercise its functions of banking regulation and banking supervision, the Central Bank of the Russian Federation conducts inspections of credit institutions (their branches), as well as sends them binding orders to eliminate violations identified in their activities and applies the sanctions provided for by law in relation to violators.

As part of banking regulation and banking supervision, the Central Bank of the Russian Federation establishes rules for conducting banking operations that are mandatory for credit institutions and banking groups; accounting and reporting; organization of internal control; preparation and presentation of accounting and statistical reporting.

At the same time, the rules established by the Central Bank of the Russian Federation apply to accounting and statistical reporting, which is compiled for a period starting no earlier than the date of publication of these rules.

In order to perform its functions, the Central Bank of the Russian Federation, in accordance with the list established by the Board of Directors, has the right to:

1) request and receive from credit institutions the necessary information about their activities, demand clarifications on the information received;

2) establish for members of the banking group the procedure for providing information on their activities, which is necessary for the preparation of consolidated financial statements;

3) to request and receive the necessary information free of charge from the federal executive authorities, their territorial bodies, legal entities - to compile banking and monetary statistics, the balance of payments of the Russian Federation, to analyze the economic situation. The regulatory and supervisory functions of the Central Bank of the Russian Federation are carried out through a body acting on a permanent basis - the Banking Supervision Committee, which unites the structural divisions of the Central Bank of the Russian Federation that ensure the performance of its supervisory functions. The structure of the Banking Supervision Committee is approved by the Board of Directors, and its head is appointed by the Chairman of the Central Bank of the Russian Federation from among the members of the Board of Directors.

In order to ensure the stability of credit institutions, the Central Bank of the Russian Federation may establish the following mandatory ratios:

1) the minimum amount of authorized capital for newly created credit institutions; the amount of own funds (capital) for operating credit institutions; the maximum amount of property (non-monetary) contributions to the charter capital of a credit institution;

2) the maximum amount of risk per borrower or group of related borrowers;

3) the maximum amount of large credit risks;

4) liquidity ratios of the credit institution;

5) standards for the sufficiency of own funds (capital);

6) the amount of currency, interest and other financial risks;

7) the minimum amount of reserves created for risks;

8) standards for the use of own funds (capital) of a credit institution for the acquisition of shares (stakes) of other legal entities;

9) the maximum amount of loans, bank guarantees and guarantees provided by the credit institution to its participants.

20. Interaction of the Bank of Russia with authorities, its international and foreign economic activity

To implement the functions assigned to it, the Bank of Russia interacts with the Government of the Russian Federation, including:

1) the Central Bank of the Russian Federation participates in the development of the economic policy of the Government of the Russian Federation;

2) The Chairman of the Central Bank of the Russian Federation or, on his instructions, one of his deputies:

a) participates in meetings of the Government of the Russian Federation;

b) may take part in meetings of the State Duma when considering draft laws relating to issues of economic, financial, credit and banking policy;

3) The Central Bank of the Russian Federation and the Government of the Russian Federation inform each other about the proposed actions of national importance, coordinate their policies, and hold regular mutual consultations.

At the same time, the Bank of Russia is not entitled to:

1) provide loans to the Government of the Russian Federation to finance the federal budget deficit;

2) to buy government securities at their initial placement, except for those cases when it is provided for by the federal law on the federal budget;

3) provide loans to finance deficits in the budgets of state non-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets.

The Bank of Russia in its work interacts with the Ministry of Finance of the Russian Federation:

1) the Central Bank of the Russian Federation advises it on the issues of the schedule for the issuance of government securities of the Russian Federation and the repayment of the state debt of the Russian Federation, taking into account their impact on the state of the banking system of the Russian Federation and the priorities of the unified state monetary policy;

2) the Minister of Finance of the Russian Federation and the Minister of Economic Development and Trade of the Russian Federation, or on their behalf, on one of their deputies, participate in meetings of the Board of Directors with an advisory vote;

3) The Central Bank of the Russian Federation and the Ministry of Finance of the Russian Federation, if necessary, conclude agreements on carrying out the above operations on behalf of the Government of the Russian Federation.

Funds from the federal budget and state off-budget funds are kept in the Bank of Russia, unless otherwise provided by federal laws.

The Central Bank of the Russian Federation, without charging a commission, carries out operations with the funds of the federal budget, state off-budget funds, budgets of the constituent entities of the Russian Federation and local budgets, as well as operations to service the state debt of the Russian Federation and operations with gold and foreign exchange reserves.

In accordance with the law, the Bank of Russia in the international sphere has the right to:

1) represent the interests of the Russian Federation in relations with the central banks of foreign states, as well as in international banks and other international monetary and financial organizations;

2) open representative offices in the territories of foreign states;

3) request the central bank and the banking supervisory authority of a foreign state to provide information or documents received from credit institutions in the course of performing supervisory functions. With regard to the information and documents received, the Central Bank of the Russian Federation is obliged to comply with the requirements for the disclosure of information and the provision of documents, taking into account the requirements established by the laws of foreign states;

4) provide the banking supervisory authority of a foreign state with information or documents that do not contain information about the operations of credit institutions and their customers, provided that the said banking supervisory authority ensures the security of information that complies with the requirements established by the legislation of the Russian Federation for ensuring the security of information.

The Central Bank of the Russian Federation issues permits for the creation of credit institutions with foreign investments and branches of foreign banks, and also accredits representative offices of foreign credit institutions in the territory of the Russian Federation.

21. Reporting and audit of the Bank of Russia

The reporting procedure for the Central Bank of the Russian Federation is regulated by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".

The reporting period (reporting year) of the Central Bank of the Russian Federation is set from January 1 to December 31 inclusive.

The Central Bank of the Russian Federation annually, no later than May 15 of the year following the reporting one, submits to the State Duma the annual report of the Central Bank of the Russian Federation, which includes:

1) a report on the activities of the Central Bank of the Russian Federation, including a list of measures for the implementation of the unified state monetary policy carried out by the Central Bank of the Russian Federation, and an analysis of the implementation of the main parameters of the unified state monetary policy;

2) analysis of the state of the economy of the Russian Federation, including money circulation and credit, the banking system of the Russian Federation, the foreign exchange position and the balance of payments of the Russian Federation;

3) an auditor's report on the annual financial statements of the Central Bank of the Russian Federation;

4) the conclusion of the Accounts Chamber of the Russian Federation based on the results of the audit of accounts and operations of the Central Bank of the Russian Federation, which are subject to the Law of the Russian Federation "On State Secrets";

5) annual financial statements of the Central Bank of the Russian Federation.

The annual financial statements of the Central Bank of the Russian Federation mean:

1) annual balance sheet, profit and loss account, including a report on the profit received and its distribution;

2) a report on the formation and use of reserves and funds of the Central Bank of the Russian Federation;

3) a report on the management by the Central Bank of the Russian Federation of securities and shares in the capitals of organizations that are part of the property of the Central Bank of the Russian Federation;

4) report on expenses for the maintenance of employees of the Central Bank of the Russian Federation;

5) a report on the execution of the estimate of capital investments.

The State Duma sends the annual report of the Central Bank of the Russian Federation to the President of the Russian Federation, as well as to the Government of the Russian Federation for conclusion, then considers it before July 1 of the year following the reporting one, and makes a decision.

The annual report of the Central Bank of the Russian Federation is published no later than July 15 of the year following the reporting one. In addition, the Central Bank of the Russian Federation monthly publishes its balance sheet, data on money circulation, including the dynamics and structure of the money supply, generalized data on the operations of the Central Bank of the Russian Federation.

After the approval of the annual financial statements of the Central Bank of the Russian Federation by its Board of Directors, the Bank of Russia transfers to the federal budget 50% of the profit actually received by it at the end of the year, remaining after paying taxes and fees in accordance with the Tax Code of the Russian Federation. The remaining profit is directed by the Board of Directors to reserves and funds for various purposes.

Taxes and fees are paid by the Central Bank of the Russian Federation and its organizations in accordance with the Tax Code of the Russian Federation.

The procedure for conducting an external audit of the activities of the Bank of Russia includes certain points. Before the end of the reporting year, the National Banking Council decides on the audit of the annual financial statements of the Central Bank of the Russian Federation, and also determines the audit organization that will audit the Central Bank of the Russian Federation. At the same time, the National Banking Council has the right to make recommendations to the auditor on the issues of the audit of the annual financial statements, and the auditor is obliged to ensure the implementation of these recommendations;

The Central Bank of the Russian Federation is obliged, in accordance with the contract for the provision of audit services concluded with the audit organization, to provide it with reports and information that are necessary for the audit of the Central Bank of the Russian Federation. Payment for the services of an audit organization is carried out at the expense of the Central Bank of the Russian Federation's own funds. The contract for the provision of audit services must specify the composition of the information transferred to the audit organization and provide for the responsibility of the audit organization for transferring the information received to third parties.

The internal audit of the Central Bank of the Russian Federation is carried out by the service of the chief auditor of the Central Bank of the Russian Federation, directly subordinate to the Chairman of the Central Bank of the Russian Federation. The procedure for conducting an internal audit is regulated by the Regulations on the organization of internal audit in the Central Bank of the Russian Federation "On the Service of the Chief Auditor of the Bank of Russia" dated March 31.03.1997, 02 No. 140-XNUMX.

22. Interaction of the Bank of Russia with credit institutions. Bank checks

The Central Bank of the Russian Federation, despite its dominant role in the banking system, is not entitled to demand from credit institutions:

1) performance of functions unusual for them;

2) provision of information not provided for by law on the clients of credit institutions and other third parties, not related to the banking services of these persons.

Relations between the Central Bank of the Russian Federation and credit institutions are developing in the following areas:

1) how a credit institution of the Central Bank of the Russian Federation interacts, for example, with commercial banks in the process of banking; as a body of state power of the Central Bank of the Russian Federation:

2) decide on the state registration of credit institutions, keep the Book of State Registration of Credit Institutions;

3) issue licenses to credit institutions to carry out banking operations, suspend the said licenses and revoke them;

4) in accordance with federal laws, establish qualification requirements for candidates for the positions of members of the board of directors (supervisory board), the sole executive body, his deputies, members of the collegial executive body, the chief accountant, deputy chief accountants of a credit institution, as well as for candidates for the positions of the head , deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution;

5) issue regulatory acts binding on other participants in banking legal relations;

6) establish economic standards binding on credit institutions;

7) exercise banking supervision.

Performing the function of the core of the banking system of the Central Bank of the Russian Federation: interacts with credit institutions, their associations and unions, consults with them before making the most important regulatory decisions, provides the necessary clarifications, considers proposals on banking regulation; responds in writing to credit institutions within one month on issues within its competence (if necessary, the term for consideration of a request may be extended by the Central Bank of the Russian Federation, but not more than for one month); creates, with the involvement of representatives of credit institutions, committees and working groups operating on a voluntary basis to study certain issues of banking.

When interacting with other credit institutions, for example, with commercial banks, in order to exercise their functions of banking regulation and banking supervision, the Central Bank of the Russian Federation:

1) conducts inspections of credit institutions (their branches);

2) send them binding orders to eliminate the violations identified in their activities and apply the sanctions provided for by law in relation to violators.

Banking checks can be carried out either by authorized representatives (employees) of the Central Bank of the Russian Federation in the manner established by the Board of Directors, or on behalf of the Board of Directors - by audit organizations;

The Central Bank of the Russian Federation is not entitled to conduct more than one inspection of a credit institution (its branch) on the same issues for the same reporting period of the credit institution (its branch). In this case, the audit may cover only five calendar years of activity of the credit institution (its branch) preceding the year of the audit. Conducting by the Central Bank of the Russian Federation of a repeated inspection of a credit institution (its branch) on the same issues for the same reporting period of the activity of a credit institution (its branch) for an already audited period is permitted in cases provided for by law.

23. Liability of credit institutions

In case of violation of banking legislation, the Central Bank of the Russian Federation has the right to apply measures of legal influence to credit institutions in case of violation by the credit institution of federal laws, regulations issued in accordance with them and instructions of the Central Bank of the Russian Federation, in case of failure to provide information, submission of incomplete or inaccurate information.

In these cases, the Central Bank of the Russian Federation has the right to apply one of the following legal measures to such violators:

1) require the credit institution to eliminate the identified violations;

2) collect a fine in the amount of up to 0,1% of the minimum amount of the authorized capital;

3) limit the performance of individual operations by the credit institution for a period of up to six months.

In case of non-fulfillment of the instructions of the Central Bank of the Russian Federation on the elimination of violations within the established period, the Central Bank of the Russian Federation may:

1) collect from the credit institution a fine in the amount of up to 1% of the amount of the paid-up authorized capital, but not more than 1% of the minimum amount of the authorized capital;

2) demand from the credit institution:

a) taking measures for the financial rehabilitation of the credit institution, including changing the structure of its assets;

b) replacement of the heads of the credit institution;

c) reorganization of the credit institution;

2) to change for a period of up to six months the mandatory ratios established for a credit institution; ;

3) appoint a provisional administration to manage the credit institution for a term of up to six months;

4) introduce a ban on the reorganization of a credit institution if, as a result of its implementation, grounds arise for the application of measures to prevent the bankruptcy of the credit institution;

5) to propose to the founders (participants) of the credit organization that, independently or by virtue of an agreement existing between them, or participation in each other's capital, or other means of direct or indirect interaction, have the opportunity to influence decisions; taken by the management bodies of the credit institution, to take actions aimed at increasing the own funds (capital) of the credit institution to an amount that ensures its compliance with mandatory standards;

6) introduce restrictions on the amount of the interest rate, which the credit institution determines in bank deposit agreements concluded (prolonged) during the period of the restriction, in the form of the maximum interest rate, for a period of up to one year.

The statute of limitations for attraction is five years. Penalties provided for violation of banking legislation are collected from credit institutions in a judicial proceeding no later than six months from the date of drawing up an act on the discovery of a violation.

The most serious punishment for a credit institution - revocation by the Bank of Russia of a banking license.

The procedure for recall is established by the regulations of the Central Bank of the Russian Federation. In order to protect the interests of depositors and creditors, the Central Bank of the Russian Federation has the right to appoint an authorized representative of the Central Bank of the Russian Federation to a credit institution whose banking license has been revoked. During the period of activity of an authorized representative of the Central Bank of the Russian Federation, a credit institution is entitled to carry out transactions permitted to it by federal laws only upon agreement with this authorized representative in the manner established by the Law of the Russian Federation "On Banks and Banking Activities". From the moment a liquidation commission (liquidator) is created or an arbitration manager is appointed by an arbitration court, the activity of an authorized representative of the Central Bank of the Russian Federation is terminated.

24. Credit organizations

Credit organisation - a legal entity that is created to make profit as the main goal of its activities, and has the right to carry out banking operations and transactions on the basis of a special permit (license) of the Central Bank of the Russian Federation.

A credit organization is created on the basis of any form of ownership as a business entity: JSC, ALC, LLC.

A credit organization has a company name in Russian, may have a name in another language of the peoples of the Russian Federation, an abbreviated name and a name in a foreign language. No legal entity in the Russian Federation, with the exception of those that have received a banking license from the Central Bank of the Russian Federation, can use the words "bank", "credit organization" in their name. The use of the words "Russia", "RF", "state", "federal" and "central", derivative words and phrases from them is allowed in the name of a credit institution in the manner established by law. The credit institution has a seal with its trade name.

A credit institution is obliged to publish reports in the forms and within the time limits established by the Central Bank of the Russian Federation. It includes the following information:

1) quarterly- balance sheet, income statement, information on the level of capital adequacy, the amount of reserves to cover doubtful loans and other assets;

2) annually- balance sheet and income statement with the conclusion of the audit firm (auditor) on their reliability.

A credit institution is not liable for the obligations of the state, and the state is not liable for the obligations of a credit institution, except in cases where the state itself has assumed such obligations.

The legislative and executive authorities and local governments are not entitled to intervene in the activities of credit organizations, with the exception of cases provided for by federal laws.

A credit institution may not be obliged to carry out activities not provided for by its constituent documents, except in cases where the credit institution has assumed the relevant obligations, or in cases provided for by federal laws.

Types of credit organizations: Russian and foreign banks and non-bank credit organizations.

Bank - a credit institution that has the exclusive right to carry out in the aggregate banking operations to attract funds from individuals and legal entities to deposits; placement of these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency; opening and maintaining bank accounts of individuals and legal entities.

foreign bank - a bank recognized as such under the laws of a foreign state in whose territory it is registered.

Non-bank credit organization - a credit institution that has the right to carry out certain banking operations provided for by federal law.

The governing bodies of a credit institution are: the general meeting of its founders (participants); board of directors (supervisory board); sole executive body and collegial executive body.

The sole executive body, its deputies, members of the collegiate executive body, the chief accountant of a credit institution, the head of its branch are not entitled to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or being affiliated persons in relation to the credit organization employing its head, chief accountant, head of its branch.

25. Unions and associations of credit organizations. Banking group and banking holding

Unions and associations of credit organizations are understood as voluntary associations of credit organizations that are not aimed at carrying out banking activities and making profit.

Unions and associations of credit organizations are created and registered in accordance with the procedure established by the Federal Law "On non-profit organizations" dated 12.01.1996 No. 7-FZ. They notify the Central Bank of the Russian Federation of their creation within a month after registration.

The most authoritative participant in the banking legal relations of this group is the Association of Russian Banks (ARB).

Credit organizations create unions and associations with the aim of:

1) protection and representation of the interests of its members;

2) coordination of their activities;

3) development of interregional and international relations;

4) satisfaction of scientific, informational and professional interests;

5) development of recommendations for the implementation of banking activities;

6) solving other joint tasks of credit institutions.

Unions and associations of credit institutions are prohibited from carrying out banking operations.

Banking group is an association of credit institutions that is not a legal entity, in which one (parent) credit institution exercises direct or indirect (through a third party) significant influence on decisions made by the management bodies of another (other) credit institution (credit institutions).

Bank holding - an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of a banking holding company) has the opportunity, directly or indirectly (through a third party), to exert a significant influence on decisions taken management bodies of the credit institution (credit institutions).

Significant influence refers to the ability to determine:

1) decisions taken by the management bodies of the legal entity;

2) the conditions for conducting entrepreneurial activities by him;

3) appoint a sole executive body or more than half of the collegial executive body of a legal entity;

4) election of more than half of the board of directors (supervisory board) of a legal entity, in connection with participation in its authorized capital and (or) in accordance with the terms of an agreement concluded between legal entities that are part of a banking group and (or) a part of a banking holding. The parent credit organization of a banking holding company, the parent organization of a banking group are required to notify the Central Bank of the Russian Federation of the creation of a banking holding company, a banking group. A commercial organization that may be recognized as the head organization of a bank holding company, in order to manage the activities of all credit organizations included in it, has the right to create a management company of a bank holding company. In this case, it performs the duties that are usually assigned to the parent organization.

Management company of a bank holding company - a business company whose main activity is the management of the activities of credit institutions included in the banking holding.

The management company of a banking holding is not entitled to engage in insurance, banking, production and trade activities.

A commercial organization that, in accordance with federal law, may be recognized as the parent organization of a bank holding company, must be able to determine the decisions of the management company of the bank holding company on issues falling within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

26. Establishment of a credit organization, preliminary stage

Creation of a credit institution is understood as the performance by interested parties of a certain sequence of legally significant actions (measures) aimed at creating a legal entity with the right to carry out banking activities.

The founders of a credit organization may be legal entities and (or) individuals whose participation in the credit organization is not prohibited by federal laws. The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration.

Legal entity-founder must have a stable financial position; have sufficient own funds to contribute to the authorized capital of the credit institution; operate for three years; fulfill obligations to the federal budget, the budget of the subject of the Russian Federation and the local budget for the last three years.

Credit organisation - the founder must be financially stable during the last six months preceding the date of submission of documents for its state registration and obtaining a license for banking operations, as well as until the Bank of Russia makes a decision on the state registration of a credit institution.

The state registration of a credit organization being created is carried out in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs". The decision on the state registration of a credit institution is made by the Central Bank of the Russian Federation, which also maintains the Book of State Registration of Credit Institutions.

The entry into the Unified State Register of Legal Entities of information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by authorized registration authorities (tax authorities) on the basis of a decision of the Central Bank of the Russian Federation on the appropriate state registration. A state fee is charged for the state registration of credit institutions.

A banking license is issued to a credit institution after its state registration in accordance with the procedure established by law and regulations of the Central Bank of the Russian Federation adopted in accordance with it. A credit organization has the right to carry out banking operations from the moment of obtaining a license issued by the Central Bank of the Russian Federation. For consideration of the issue of issuing a license, a license fee of 0,1% of the authorized capital specified in the charter of the credit institution is charged. This fee goes to the federal budget.

The stages of creating a credit organization are:

1) preliminary stage;

2) signing the constituent agreement;

3) state registration;

4) obtaining a license to carry out banking activities.

The preliminary stage is designed to coordinate with the Central Bank of the Russian Federation the name of the future credit institution and sign the founding agreement by the initiators of its creation: before signing the founding agreement (creation agreement), the founders of the credit institution send a request to the Central Bank of the Russian Federation on the possibility of using the proposed corporate and abbreviated names by the credit institution.

The Bank of Russia, within five working days after receiving the request, shall send to the founders of the credit institution and to the territorial branch of the Bank of Russia at the supposed location of the credit institution a written notice containing a conclusion on the possibility of using the proposed company (full official) and abbreviated names of the credit institution.

27. Signing the memorandum of association and registration of a credit institution

For state registration of a credit institution and obtaining a license for banking operations, the founders shall send the following documents to the territorial office of the Central Bank of the Russian Federation at the alleged location of the credit institution: an application for the location (address) of the permanent executive body of the credit institution, an application for state registration of the credit institution and the issuance of a license for carrying out banking operations in the name of the head of the Bank of Russia; memorandum of association (if a credit institution is established in the form of a limited liability company or a company with additional liability by two or more persons); the charter of the credit institution, approved by the general meeting of founders; business plan approved by the general meeting of founders, etc.

The term for consideration of documents in the territorial office of the Central Bank of the Russian Federation at the intended location of the credit institution should not exceed 90 calendar days from the date of their submission.

In the absence of comments, the territorial office of the Central Bank of the Russian Federation sends a positive opinion to the Central Bank of the Russian Federation with the attachment of documents submitted by the founders of the credit institution. The Central Bank of the Russian Federation reviews the received documents and decides on the possibility of state registration of a credit institution. The Department for Licensing Activities and Financial Rehabilitation of Credit Institutions of the Central Bank of the Russian Federation, within 3 working days from the date of the adoption of a positive decision on the state registration of a credit institution, sends 1 copy of documents, with a cover letter, to the authorized registering body.

Then the territorial branch of the Central Bank of the Russian Federation sends the founders a notice of the state registration of a credit institution, indicating the details of the correspondent account opened to fulfill the requirement for payment of 100% of the authorized capital within a month from the date of receipt of the notification and enters information on the registration of a new credit institution in the register of credit institutions located in his territory. Subsequently, issues 1 copy of the questionnaires of candidates for the positions of heads of the credit institution, chief accountant, deputy chief accountants of the credit institution with a note of approval, certificate of state registration of the credit institution and 1 copy of its constituent documents to the chairman of the board of directors or other authorized person of the credit institution, in writing confirming the receipt of these documents.

Within 3 working days after the actual appointment of agreed candidates for the positions of heads of a credit institution, chief accountant, deputy chief accountants of a credit institution, the latter must notify in writing the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution, indicating the number and date of the relevant decisions of the authorized management body of the credit institution. The notification shall be accompanied by a copy of the said decision, certified by the credit institution, and an application for making changes to the information in the Unified State Register of Legal Entities that is not related to making changes to the constituent documents, drawn up in accordance with the forms approved by the Government of the Russian Federation.

On the next business day after receiving this notification, the territorial branch of the Bank of Russia reports the necessary data to all authorities (the Central Bank of the Russian Federation, the cash settlement center, etc.).

28. Constituent documents and authorized capital

A credit institution must have constituent documents provided for by civil law for a legal entity of the appropriate organizational and legal form (JSC - charter; LLC or ALC - memorandum of association and charter). An exemplary charter for a commercial bank established in the form of a joint-stock company is contained in the letter of the Central Bank of the Russian Federation dated April 15.04.1996, 15 No. 4-1-1342 / XNUMX "On the exemplary charter of a commercial bank." A credit organization is obliged to register all changes made to its constituent documents.

The Central Bank of the Russian Federation within a month from the date of submission of all duly executed documents on changes:

1) makes a decision on the state registration of changes made to the constituent documents of a credit institution;

2) sends to the authorized registering body (tax authorities) the information and documents necessary for the implementation by this body of the functions of maintaining the unified state register of legal entities. Authorized registration body:

1) on the basis of the said decision adopted by the Central Bank of the Russian Federation and the necessary information and documents submitted by it, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities;

2) no later than the working day following the day of making the relevant entry, notifies the Central Bank of the Russian Federation about this. The interaction of the Central Bank of the Russian Federation with the authorized registering body on the issue of state registration of changes made to the constituent documents of a credit institution is carried out in the manner agreed by the Central Bank of the Russian Federation with the authorized registering body.

The charter of a credit institution must contain:

1) company name, as well as all other names established by federal law;

2) an indication of the legal form;

3) information about the address (location) of the governing bodies and separate subdivisions;

4) a list of ongoing banking operations and transactions;

5) information on the amount of the authorized capital;

6) information on the system of management bodies, including executive bodies and internal control bodies, on the procedure for their formation and on their powers;

7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.

The authorized capital of a credit organization consists of the contributions of its participants and determines the minimum amount of property that guarantees the interests of its creditors. The minimum authorized capital for newly created credit institutions is set by the Central Bank of the Russian Federation and amounts to 5 million euros.

The Central Bank of the Russian Federation does not have the right to require previously registered credit institutions to change their authorized capital, except for cases established by federal laws.

The authorized capital of a credit institution created in the form of a joint-stock company is made up of the nominal value of its shares acquired by the founders of the credit institution, while a credit institution created in the form of an LLC or ALC is made up of the nominal value of the shares of its founders.

Contributions to the charter capital of a credit institution may be in the form of: cash in the currency of the Russian Federation and foreign currency, as well as tangible assets - a building (premises) owned by the founder of the credit institution, completed by construction, in which the credit institution may be located.

The following cannot be contributed to the authorized capital: property, if the right to dispose of it is limited in accordance with federal legislation or agreements concluded earlier; funds from the federal budget and state off-budget funds; attracted funds.

29. Confirmation of payment of the authorized capital

The founders of a credit institution must pay 100% of its authorized capital specified in the charter within 1 month after receiving a notice of state registration of the credit institution. Documents of a credit institution confirming the payment of 100% of the authorized capital shall be kept in the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution.

To confirm the actual payment of the authorized capital, the credit institution, within a period not exceeding one month from the date of its 100% payment, submits to the territorial office of the Central Bank of the Russian Federation the following documents, on the basis of which it can verify the legitimacy of payment:

1) payment orders with a mark of execution; acts of acceptance and transfer of the property of the founders, made as a contribution to the authorized capital, to the balance sheet of the credit institution;

2) the conclusion of an independent appraiser on the valuation of property in non-monetary form, made by the founders as a contribution to the authorized capital, as well as the conclusion of the state financial control body (in cases provided for by law);

3) certified copies of documents confirming the credit institution's ownership of non-monetary property contributed by the founders as a contribution to its charter capital;

4) a complete list of the founders of the credit institution, containing data on the payment of 100% of its authorized capital, in electronic form, a letter signed by the sole executive body of the credit institution, confirming the identity of the electronic copy of the list of founders to the list of founders:

a) contained in constituent documents (for credit institutions in the form of an LLC or ALC);

b) as of the date of completion of the placement of shares of the first issue (for credit institutions in the form of a joint-stock company);

5) documents stipulated by Bank of Russia regulations establishing the procedure and criteria for assessing the financial position of participants in a credit institution, and other documents.

Based on the documents received from a credit institution established in the form of an LLC or ALC, the territorial institution of the Central Bank of the Russian Federation (a division dealing with licensing of banking activities), within a period not exceeding 10 days from the date of their receipt, sends to the Central Bank of the Russian Federation a complete list of the founders of the credit institution; conclusion on the payment of the authorized capital. Based on the documents received from a credit institution established in the form of a joint-stock company, the territorial institution of the Central Bank of the Russian Federation (a division dealing with licensing of banking activities), within a period of no more than 10 days, sends an opinion on the payment of the authorized capital to the structural subdivision of the territorial institution of the Bank of Russia, whose competence includes issues of registration of securities issues, as well as by fax (other operational communication) a conclusion on payment of the authorized capital and a complete list of founders of a credit institution in electronic form to the Bank of Russia (Department for Licensing Activities and Financial Recovery of Credit Institutions of the Bank of Russia). At the same time, the original of this conclusion is sent to the Bank of Russia by post (if the report on the results of the first issue of shares of a credit institution is registered by the Department for Licensing Activities and Financial Recovery of Credit Institutions of the Bank of Russia).

The monetary value of tangible assets contributed as payment for a part of the charter capital of a credit institution upon its creation is approved by the general meeting of founders.

30. Licensing. Refusal to issue a license and state registration of credit institutions

Licenses issued by the Central Bank of the Russian Federation:

1) are the basis for banking operations;

2) are recorded in the register of issued licenses for banking operations, which is subject to publication in the official publication of the Central Bank of the Russian Federation ("Bulletin of the Bank of Russia") at least once a year. Changes and additions to the specified register are published by the Central Bank of the Russian Federation within a month from the date of their entry into the register;

3) contain a list of banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations may be carried out;

4) are issued without limitation of their validity period.

The implementation by a legal entity of banking operations without a license entails the collection from it of the entire amount received as a result of these operations, as well as the collection of a fine in the amount of twice this amount to the federal budget. Recovery is carried out in court at the suit of the prosecutor, the relevant federal executive body authorized to do so by federal law, or the Central Bank of the Russian Federation.

The Central Bank of the Russian Federation has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license.

Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.

There are the following types of banking licenses:

1) a license to carry out banking operations with funds in rubles;

2) a license to attract deposits and placement of precious metals;

3) a license to attract deposits from individuals in rubles and foreign currency;

4) license for cash collection;

5) a license to carry out banking operations with funds in rubles and foreign currency;

6) a license to attract deposits from individuals in rubles.

Refusal to state registration of a credit organization and issue a license to it is allowed:

1) non-compliance of candidates proposed for the positions of the head, chief accountant and his deputies with the qualification requirements (lack of higher legal or economic education, committing an administrative offense in the field of trade and finance within a year before registration, non-compliance of the business reputation of these candidates with the relevant requirements, etc. );

2) the unsatisfactory financial position of the founders of the credit institution or their failure to fulfill their obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;

3) non-compliance of documents submitted to the Central Bank of the Russian Federation for the state registration of a credit institution and obtaining a license for banking operations with the requirements of the Federal Law and the regulatory acts of the Central Bank of the Russian Federation adopted in accordance with them;

4) non-compliance of the business reputation of candidates for the positions of members of the board of directors (supervisory board) with the qualification requirements established by federal laws and the regulations of the Central Bank of the Russian Federation adopted in accordance with them, the presence of a criminal record for committing a crime in the economic sphere.

The decision to refuse state registration of a credit institution and issue a banking license to it shall be communicated to the founders of the credit institution in writing and must be motivated.

Denial of state registration of a credit organization and issuance of a banking license to it, refusal of the Central Bank of the Russian Federation to adopt an appropriate decision within the established period may be appealed to an arbitration court.

31. Peculiarities of establishing a credit organization with foreign investments or a branch of a foreign bank

In accordance with the law, in addition to Russian credit institutions, credit institutions with foreign investments and branches of foreign banks may carry out banking activities in the territory of the Russian Federation.

Foreign banks are understood as banks recognized as such under the laws of the foreign state in whose territory they are registered.

The main difference between the procedure for state registration and issuance of a license for a credit institution with foreign participation or a branch of a foreign bank for conducting banking activities in the territory of the Russian Federation from the procedure for establishing a Russian credit institution is the need to submit other additional documents for registration in addition to the obligatory list of documents. A foreign legal entity - founder additionally submits:

1) a decision on his participation in the creation of a credit institution in the territory of the Russian Federation or on the opening of a bank branch;

2) a document confirming the registration of a legal entity, and balance sheets for the previous three years, confirmed by an audit report;

3) a written consent of the relevant control body of the country of its location to participate in the creation of a credit institution in the territory of the Russian Federation or to open a branch of the bank in cases where such permission is required by the legislation of the country of its location. The founder - a foreign individual shall provide confirmation of the solvency of this person by a first-class (according to international practice) foreign bank.

Additional requirements for the establishment and operation of credit institutions with foreign investment or branches of foreign banks:

1) the amount (quota) of participation of foreign capital in the banking system of the Russian Federation - is established by federal law on the proposal of the Government of the Russian Federation, agreed with the Central Bank of the Russian Federation. This quota is calculated as the ratio of the total capital owned by non residents in the authorized capital of credit institutions with foreign investment and the capital of branches of foreign banks to the total authorized capital of credit institutions registered in the territory of the Russian Federation;

2) the credit institution is obliged to obtain prior permission from the Central Bank of the Russian Federation to increase its authorized capital at the expense of non-residents, to alienate (including the sale) of its shares (stakes) in favor of non-residents, and members of the credit institution - residents - to alienate their shares ( shares) of a credit institution in favor of non-residents. The Central Bank of the Russian Federation has the right to impose a ban on increasing the authorized capital of a credit institution at the expense of non-residents and on the alienation of shares (stakes) in favor of non-residents, if the result of this action is to exceed the quota for participation of foreign capital in the banking system of the Russian Federation. A statement of intent to increase the charter capital of a credit institution at the expense of non-residents' funds and on the alienation of shares (stakes) in favor of non-residents is considered by the Central Bank of the Russian Federation within two months from the date of submission of the application. The result of its consideration is the permission of the Central Bank of the Russian Federation to carry out the operation indicated in the application or a reasoned refusal in writing. If the Central Bank of the Russian Federation did not inform about the decision made within the established period, the specified operation is considered permitted;

The Central Bank of the Russian Federation shall have the right, in agreement with the Government of the Russian Federation, to establish restrictions on banking operations for credit institutions with foreign investments and branches of foreign banks, if in the relevant foreign states banks with Russian investments and branches of Russian banks are subject to restrictions in their establishment and activities.

32. Business plan of a credit organization

One of the documents provided by the founders to the Central Bank of the Russian Federation when creating a new credit institution is its business plan.

Business plan - this is a document for the next two calendar years containing the expected program of actions of the credit institution, including parameters (indicators) and expected performance results, and allowing the Central Bank of the Russian Federation to evaluate:

1) the ability of the credit institution to ensure financial stability, comply with prudential performance standards and mandatory reserve requirements, comply with the requirements of the law to ensure the interests of creditors and depositors;

2) the ability of the credit organization to long-term existence as a profitable commercial organization;

3) the adequacy of the credit institution's management system to the risks taken.

The Central Bank of the Russian Federation or a territorial branch of the Central Bank of the Russian Federation shall have the right to refuse state registration of the founder of a newly created credit institution, as well as the existing credit institution in expanding its activities, changing the type, reorganization, in case of establishing false, incomplete or contradictory information in the submitted business plan and inconsistency of the content business plan for the purposes of its submission to the Central Bank of the Russian Federation.

The business plan is submitted:

1) firstly, when creating a credit organization - by an authorized representative of the founders applying for state registration of a credit organization and issuing a license to carry out banking operations;

2) secondly, when expanding the activities of a credit institution by obtaining additional licenses for banking operations - by a credit institution applying for a license expanding its activities;

3) thirdly, when changing the type of credit institution (non-bank credit institution to bank or bank to non-bank credit institution) - by the credit institution applying for the change in type;

4) fourthly, in case of reorganization in the form of a merger, separation, division, transformation - by a representative of the credit institutions that made the decision to reorganize;

5) fifthly, in case of reorganization of credit institutions in the form of merger - by the credit institution to which the merger takes place.

The business plan is approved by the general meeting of founders (participants) of the credit institution.

The business plan of a credit institution must contain: general information about the credit institution; goals, objectives, market policy of the credit institution; information about the management system; information about the founders (participants); information on ensuring the activities of the credit institution; other significant indicators that, in the opinion of the credit institution, are necessary to disclose the main objectives of the business plan.

The business plan of a credit institution must meet the following requirements for its design and composition of applications:

1) information on the approval of the business plan (the date and number of the relevant minutes of the meeting of founders (participants) that approved the business plan are given on the title page of the business plan);

2) general information about the credit institution is provided on the first (following the title) page of the business plan; settlement balance with a breakdown of its individual items;

3) a plan of income, expenses and profit with a breakdown of its individual articles;

4) forecast of the fulfillment of certain mandatory standards;

5) forecast of the fulfillment of mandatory reserve requirements; the assumptions made in the business plan;

6) the results of a SWOT analysis, which makes it possible to identify and structure the strengths and weaknesses of a credit institution, as well as potential opportunities and threats.

33. Procedure for opening a subdivision and representative office of a credit institution in the Russian Federation

A credit institution may open separate subdivisions of a representative office in the territory of the Russian Federation that are not entitled to carry out banking operations and branches.

Also, a credit institution may also open internal structural divisions outside the location of the parent organization and branch. Such subdivisions can be additional offices, operating cash desks outside the cash desk, exchange offices.

The name of an internal structural subdivision of a credit institution must contain an indication of its status and affiliation with a particular credit institution.

The order of opening (closing) of separate divisions is as follows:

1) the decision to introduce amendments and additions to the charter of a credit institution related to the opening of separate subdivisions is taken by the authorized body of the credit institution at the regular (annual) general meeting;

2) after that, the credit institution sends to the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution a letter with two copies of the decision to amend the constituent documents and four copies of the text of amendments to the charter of the credit institution;

3) the territorial branch of the Central Bank of the Russian Federation, within 10 calendar days after receiving the necessary documents from the credit institution in accordance with the established procedure, considers them and sends the credit institution information on the absence (presence) of comments;

4) in the absence of comments, the credit institution, upon receipt of the said information, shall submit to the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution a notice of amendments to the constituent documents of the credit institution;

5) no later than the business day following the day of receipt of the relevant notice from the credit institution, the territorial institution of the Central Bank of the Russian Federation shall put a note on the copy of the text of amendments to the charter on the adoption of a decision on the state registration of amendments to the constituent documents, send to the authorized registering body one copy of the received notifications, with a cover letter and attachment of the required set of documents;

6) no later than the business day following the day of receipt of information from the authorized registering body on the entry in the unified state register of legal entities of the corresponding entry, the territorial office of the Central Bank of the Russian Federation sends:

a) to a credit institution - a written notice confirming the fact of making an entry in the unified state register of legal entities, with an attachment of the original certificate received from the authorized registering body, registered amendments and additions to the charter;

b) in the Central Bank of the Russian Federation - an opinion substantiating the registration of amendments and additions, as well as one copy of the registered amendments and additions to the charter of the credit institution.

Procedure for opening a representative office of a credit institution:

1) a representative office is opened by decision of the management body of the credit institution, which is granted this right in accordance with its charter, in order to represent and protect its interests in a certain territory;

2) a current account is opened for the representative office to carry out its activities;

3) the procedure for establishing a representative office - notification;

4) the territorial office of the Central Bank of the Russian Federation at the place of opening of a representative office, within five working days from the date of receipt of the notification, enters information into the Register of Credit Institutions and sends a notice of opening to the appropriate body.

34. Procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation

A credit institution that has not been banned from opening branches may open a branch by notifying in writing the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution and the territorial agency of the Central Bank of the Russian Federation at the place where the branch is opened.

A branch of a credit institution must have a seal, which, in addition to the business name and location of the credit institution, must indicate the name of the branch and its location. For opening branches of credit institutions, a fee is charged in the amount of 100 times the minimum wage established at the time of notification of the Central Bank of the Russian Federation about the opening of a branch. The specified fee is paid by the credit institution at its location and credited to the federal budget.

Branch opening procedure:

1) the credit institution sends a notice of the opening of a branch to the territorial office of the Central Bank of the Russian Federation at the place where the branch was opened and to the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution, or only to the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution, if the branch is opened on territory subordinated to the same territorial institution of the Central Bank of the Russian Federation;

2) along with the notice, the credit institution sends: the regulation on the branch; questionnaires of candidates for the positions of the head, deputy heads, chief accountant, deputy chief accountant of the branch; CVs of candidates for relevant positions; copies of the payment document confirming payment of the fee for opening a branch; minutes (copies of minutes, extracts from minutes certified in accordance with the established procedure) of meetings of the authorized management bodies of the credit institution, containing decisions to open a branch, as well as to send an application to the territorial office of the Central Bank of the Russian Federation for approval of the candidacies of the head, deputy heads, chief accountant of the branch.

Simultaneously with the said documents, the credit institution may submit documents for the state registration of relevant amendments to the constituent documents.

A branch of a credit organization has the right to start banking operations from the date of making an entry about it in the Book of State Registration of Credit Organizations and assigning a serial number to it. The procedure for closing a branch of a credit institution:

1) the decision to close a branch is taken by the management body of the credit institution, to which this right is granted by the charter of the credit institution;

2) not later than thirty days from the date of the decision to close the branch, the credit institution notifies in writing all known creditors of the closed branch;

3) after sending notifications, transferring the assets and liabilities of the branch to the balance sheet of the parent credit institution or a division of the credit institution, within ten calendar days, the credit institution notifies the territorial institutions of the Central Bank of the Russian Federation supervising the activities of the credit institution and the branch. At the same time, the credit institution additionally submits to the territorial institution of the Central Bank of the Russian Federation a copy of the document with the decision to close the branch, the act of transfer, a certificate from the settlement and cash center of the territorial institution of the Central Bank of the Russian Federation containing information on the date of closing the correspondent sub-account of the branch.

The closing date of a branch of a credit institution shall be the date of making the relevant entry in the State Registration Book of Credit Institutions.

35. Peculiarities of registration of changes in the name and location (postal address) of a credit institution

A change in the name of a credit institution must be preliminarily agreed with the Department for Licensing Activities and Financial Rehabilitation of Credit Institutions of the Central Bank of the Russian Federation, since this involves the replacement of the banking license issued to this credit institution.

The procedure for agreeing to change the name of a credit institution involves the following steps:

1) the credit institution sends a telegram to the Central Bank of the Russian Federation with the proposed full official and abbreviated names;

2) within three working days, the Department for Licensing Activities and Financial Rehabilitation of Credit Institutions of the Central Bank of the Russian Federation responds to the credit institution with a telegram on the results of the preliminary approval of the new name of the credit institution;

3) after receiving a telegram on preliminary approval by the Central Bank of the Russian Federation of a new name, the credit institution may decide to change its name;

4) within one month after the credit institution makes such a decision, the following shall be sent to the Central Bank of the Russian Federation:

a) an application for a decision on the state registration of amendments to the constituent documents of the credit institution;

b) an application for state registration of amendments to the constituent documents, drawn up in accordance with the forms approved by the Government of the Russian Federation;

c) minutes of the general meeting of participants of the credit institution with a decision to change its name and amend the constituent documents,

d) a document confirming the payment of the state fee for registration of changes;

5) The Central Bank of the Russian Federation, within a month from the date of submission of all duly executed documents, takes a decision on the state registration of changes made to the charter of a credit institution in terms of changing its name, and issuing to it a license for banking operations indicating a new name.

Registration of a change in the location of a credit institution is carried out when the location (postal address) of the credit institution changes; when changing the name of the settlement, street name, house number; when changing the location of the branch. A change in the location of a credit institution that is not related to a change in locality does not entail a replacement of the license.

If a credit institution changes its location, it is assumed that:

1) it must, within two working days after the actual change of its location, notify in writing of the new postal address and contact numbers the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution;

2) on the basis of this notification, the Central Bank of the Russian Federation registers the relevant changes. Information about a change in the location of a credit institution is published in the Bulletin of the Bank of Russia;

3) the credit institution, within one month after receiving from the Central Bank of the Russian Federation the registered amendments and additions to the charter regarding the change of location, must replace the seal, indicating in it the new location of the credit institution and notify all known creditors in writing.

A change in the location of a credit institution may be accompanied by:

1) maintaining a correspondent account in the same settlement and cash center of the territorial branch of the Central Bank of the Russian Federation;

2) by changing the cash settlement center without changing the territorial office of the Central Bank of the Russian Federation that supervises the activities of the credit institution;

3) a change in the cash settlement center and the territorial office of the Central Bank of the Russian Federation that supervises the activities of the credit institution.

36. Duties and responsibilities of a credit institution as a participant in tax legal relations

The Tax Code of the Russian Federation, as a participant in tax legal relations, imposes the following obligations on the bank:

1) within five days, notify the tax authority about the opening or closing of a bank account of an organization, an individual entrepreneur (Article 86 of the Tax Code of the Russian Federation) - in order to control cash flows, tax authorities need information about bank accounts opened by taxpayers, and banks are also required to issue certificates to tax authorities on transactions and accounts of organizations and citizens engaged in entrepreneurial activities without forming a legal entity, within five days after a reasoned request from the tax authority;

2) timely fulfill the instructions of taxpayers, levy payers, tax agents for the transfer of tax (levy) amounts. The order to transfer the tax is executed by the bank without fail within one business day. Service fees for such transactions are not charged (clause 2, article 60 of the Tax Code of the Russian Federation);

3) execute the decisions of the tax authority on the suspension of operations on the accounts of the taxpayer, the payer of fees, the tax agent. A credit organization is not entitled to move through the bank accounts of the taxpayer if the bank has a decision to suspend operations on the accounts of this person;

4) to execute the decisions of tax authorities on the collection of taxes (fees) at the expense of the funds of the debtors;

5) issue certificates to the tax authorities on transactions and accounts of organizations and individual entrepreneurs upon a reasoned request.

Special tax offenses are otherwise called tax offenses of banks. Banks (credit organizations) are special subjects of a tax offense, because: on the one hand, credit organizations are the same taxpayers as other legal entities; on the other hand, they play the role of financial intermediaries in the national economy of the country and carry out settlements between economic entities.

Therefore, the Tax Code of the Russian Federation imposes on them, in addition to the obligations common to all taxpayers to pay legally established taxes, and special obligations. The bank must:

1) open a bank account for customers only after they present a certificate of tax registration;

2) to fulfill in time the instructions of their clients (taxpayers and payers of fees) on the transfer of amounts of tax or fee to the budget;

3) by decision of the tax authorities, suspend operations on the accounts of their client (taxpayer or tax agent);

4) within one business day, execute the collection order (instruction) of the tax authority to write off the amount of tax (including penalties) from the account (if there are sufficient funds on the corresponding account) of the bank's client - an unscrupulous taxpayer.

Responsibility for non-performance of these duties is established separately and enshrined in Ch. 18 of the Tax Code of the Russian Federation "Types of violations by the bank of obligations stipulated by the legislation on taxes and fees, and responsibility for their commission." There are five types of tax offenses of these subjects:

1) violation by the bank of the procedure for opening an account for a taxpayer;

2) violation of the deadline for the execution of an order to transfer a tax or fee;

3) non-fulfillment by the bank of the decision of the tax authority to suspend operations on the accounts of the taxpayer, the payer of the fee or the tax agent;

4) non-execution by the bank of the decision to collect taxes and fees, as well as fines;

5) failure to provide tax authorities with information on the financial and economic activities of taxpayers - bank clients.

37. Responsibility of credit institutions for certain types of offenses

Responsibility for unlawful failure to report information to the tax authority is provided for in Art. 129.1 of the Tax Code of the Russian Federation. This offense is classified as a general tax offense, entails a fine in the amount of 1 thousand rubles. The same acts committed repeatedly during a calendar year are punishable by a fine of 5 thousand rubles.

Object of offenses - public order in the field of tax control by tax authorities. The subjects of offenses are persons participating in tax control measures as witnesses.

The objective side of the offense is the failure to provide information necessary for tax control. The subjective side is intent or negligence.

Responsibility for violation by the bank of the procedure for opening an account for a taxpayer is provided for in Art. 132 of the Tax Code of the Russian Federation. This offense is classified as a special tax offense of credit institutions, the collection of a fine in the amount of 10 thousand rubles.

Failure by a bank to report to the tax authority information about the opening or closing of an account by an organization or individual entrepreneur is punishable by a fine of 20 rubles.

Object of offenses - public order in the field of taxation.

The subjects of offenses are credit institutions.

The objective side of the offense lies in the action (opening an account in violation of the established procedure) or inaction (failure to provide information to the tax authorities). The subjective side, as a rule, is intent.

Responsibility for non-execution by the bank of the decision to collect taxes and fees, as well as fines, is provided for in Art. 135 of the Tax Code of the Russian Federation The offense is classified as a special tax offense of credit institutions, the collection of penalties in the amount of 1/150 of the refinancing rate of the Central Bank of the Russian Federation, but not more than 0,2% for each day of delay.

The performance by the bank of actions to create a situation of lack of funds on the account of the taxpayer, the payer of the fee or the tax agent, in respect of which, in accordance with Art. 46 of the Tax Code of the Russian Federation, the bank has a collection order from the tax authority, is punishable by a fine of 30% of the amount not received as a result of illegal actions of the bank.

Object of the offense - financial interests of the state, constituent entities of the Russian Federation and municipalities, public order in the field of taxation.

The subject of the offense is a credit institution. The objective side of the offense consists in inaction (unlawful failure by the bank to comply with the decisions of the tax authority within the time period established by law) or action (creating a situation of lack of funds in the account of the taxpayer, payer of the fee or tax agent). The subjective side of this offense, as a rule, is expressed in direct intent.

Responsibility for failure to provide tax authorities with information on the financial and economic activities of taxpayers - bank clients is provided for in Art. 135.1 of the Tax Code of the Russian Federation. The offense is classified as a special tax offense of credit institutions and is punishable by a fine of 10 thousand rubles. Banks failing to submit, upon a reasoned request from the tax authority, information on operations and accounts of organizations or citizens engaged in entrepreneurial activities without forming a legal entity, within the period established by the Tax Code of the Russian Federation, is punishable by a fine of 20 thousand rubles.

Object of the offense - public order in the field of taxation.

Subject of the offense - credit organisation. The objective side of the offense is inaction - unlawful failure by the bank to fulfill the requirements of the tax authority within the period established by law. The objective side is direct intent.

And other offenses (Articles 134, 135 of the Tax Code of the Russian Federation).

38. Banking secrecy. Accounting, reporting, audit, antitrust activities of credit institutions

General rules for accounting, presentation of financial and statistical reporting, preparation of annual reports by credit institutions are established by the Central Bank of the Russian Federation, taking into account international banking practice. Currently, the procedure for conducting accounting in Russian credit institutions is established by the "Rules for Conducting Accounting in Credit Institutions Located on the Territory of the Russian Federation" dated 05.12.2002 No. 205-P.

The reporting of a credit institution is subject to an annual audit by an audit organization licensed in accordance with the legislation of the Russian Federation to carry out such audits.

At the same time, the reporting of banking groups and banking holdings is subject to an annual audit by an audit organization that has been auditing credit institutions for at least two years.

Based on the results of the audit, the audit organization is obliged to draw up an opinion on the results of the audit, containing the following information:

1) on the reliability of the financial statements of the credit institution;

2) its compliance with the mandatory standards established by the Central Bank of the Russian Federation;

3) the quality of management of the credit institution;

4) the state of internal control and other provisions determined by federal laws and the charter of the credit institution. The auditor's report is sent to the Central Bank of the Russian Federation within three months from the date of submission to the Central Bank of the Russian Federation of the annual reports of the credit institution, banking groups and bank holding companies.

After audit confirmation of the reliability of the annual report of the credit institution, it is submitted to the Central Bank of the Russian Federation.

Subsequently, in the form and terms established by the Central Bank of the Russian Federation, the credit institution publishes an annual report in the open press.

The legal regime of banking secrecy is established by banking legislation and the Civil Code of the Russian Federation.

Contents of the banking secrecy regime - the credit institution guarantees non-disclosure (non-disclosure) to third parties of information about the bank account and bank deposit; on account transactions; about the bank's clients, correspondent banks, etc. Information constituting banking secrecy can only be provided to the clients themselves or their representatives. Such information may be provided to state bodies and their officials only in cases and in the manner prescribed by law.

In case of unlawful disclosure by a credit institution of information constituting bank secrecy, the client whose rights have been violated has the right to demand compensation from the bank for losses caused by such illegal actions. The state policy for the development of competition and antimonopoly regulation in the financial services market is implemented by the following federal bodies:

1) in the securities market - by the federal executive authorities that regulate the securities market;

2) in the market of banking services - the Central Bank of the Russian Federation;

3) in the insurance services market - by the federal executive body that regulates the insurance services market;

4) in the market of other financial services - by the federal executive authorities that regulate the market of these financial services.

The main tasks of the Central Bank of the Russian Federation as an antimonopoly body regulating the financial services market:

1) promoting the development of competition in the financial services market;

2) prevention, restriction and suppression of unfair competition and suppression of abuses related to the dominant position of a financial organization in the financial services market;

3) implementation of state control over compliance with antimonopoly legislation in the financial services market.

39. Bank deposit (deposit)

Under a bank deposit (deposit) agreement, one party (credit institution), which has accepted the amount of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner prescribed by the agreement. A party to the agreement is a credit institution (bank). The right to attract funds in deposits is held by credit institutions that have the appropriate permit (license of the Central Bank of the Russian Federation) issued in accordance with the procedure established in accordance with the law and the depositor, which is entitled to act as any legal entity or individual.

Deposits can be made both in cash and non-cash forms.

Bank deposit agreement:

1) real, since for its conclusion it is necessary to transfer the deposit to the bank;

2) unilaterally binding, since the depositor acquires the right to claim the bank for the return of the deposit amount and interest on it, and at the same time he does not have any obligations to the bank;

3) is recognized as public if the investor under the agreement is an individual. A credit institution is not entitled to refuse a citizen to conclude a bank deposit agreement, and is also not entitled to establish unequal terms of the agreement for different depositors or give preference to one depositor over another;

4) is in writing. Failure to comply with the written form of the contract, such an agreement is considered void. The written form is considered to be complied with if the deposit is certified by a savings book, a savings or deposit certificate or another document issued by the bank to the depositor that meets the requirements provided for such documents by the law, the banking rules established in accordance with it and the customs of business turnover applied in banking practice.

There are various classifications of types of bank deposits. The most common types of deposits are:

1) demand deposit (on the terms of issuing a deposit on demand);

2) term deposit (on the terms of return of the deposit after the expiry of the term specified in the agreement).

On the amount of the deposit, the credit institution pays the depositor interest, the amount of which is determined by the bank deposit agreement, which can also be changed by the credit institution for demand deposits, unless otherwise provided in the bank deposit agreement itself. If the bank reduces the interest rate, the new interest rate is applied to deposits made before the notification of the interest reduction to depositors, after a month from the moment of the corresponding notification, unless otherwise provided by the agreement. Accrued from the day following the day of receipt of the invested amount in the bank, until the day preceding its return to the depositor or its debiting from the depositor's account for other reasons; unless otherwise provided by the bank deposit agreement, are paid to the depositor at his request after the expiration of each quarter separately from the deposit amount, and the interest unclaimed within this period increases the deposit amount on which interest is accrued.

When the deposit is returned, all interest accrued up to that moment is paid.

Liability under a bank deposit agreement occurs in the following cases:

1) non-fulfillment of the obligations stipulated by law or the contract to ensure the return of the deposit; loss of security for the return of the deposit or deterioration of its conditions;

2) accepting a deposit from citizens by an unauthorized person or in violation of the legislation on deposits;

3) non-return of the deposit, its illegal deduction or non-payment of interest.

40. Bank account

When concluding a bank account agreement, a bank account is opened for the client or the person indicated by him on the terms agreed by the parties. Under the bank account agreement, the bank undertakes: to accept and credit funds received to the account opened by the client (account holder); fulfill the client's instructions on transferring and issuing the appropriate amounts from the account and performing other operations on the account.

The following types of accounts are distinguished: settlement, current, deposit (deposit), currency, budget, loan, card (special card account), etc.

Bank:

1) is obliged to conclude a bank account agreement with a client who has applied with an offer to open an account on the conditions announced by the bank for opening accounts of this type, corresponding to the requirements provided for by law and banking rules established in accordance with it;

2) is not entitled to refuse to open an account, the performance of relevant transactions for which is provided for by law, the bank's constituent documents and the permission (license) issued to it, except in cases where such a refusal is caused by the bank's inability to accept banking services or is allowed by law or other legal acts and determine and control the directions of use of the client's funds and establish other restrictions not provided for by law or the bank account agreement on his right to dispose of the funds at his own discretion;

3) can use the funds available on the account, guaranteeing the right of the client to freely dispose of these funds.

The bank is obliged to perform operations for the client provided for accounts of this type by law, banking rules established in accordance with it and business practices applied in banking practice, unless otherwise provided by the bank account agreement (credit, issue or transfer).

The debiting of funds from the account is carried out by the bank on the basis of the client's order and without the client's order - it is allowed by a court decision, as well as in other cases established by law or provided for by an agreement between the bank and the client.

Cash requirements:

1) a bank to a client related to crediting an account (Article 850 of the Civil Code of the Russian Federation) and payment for bank services (Article 851 of the Civil Code of the Russian Federation);

2) as well as the client to the bank on the payment of interest for the use of funds (Article 852 of the Civil Code of the Russian Federation), - are terminated by offset (Article 410 of the Civil Code of the Russian Federation), unless otherwise provided by the bank account agreement.

The credit institution bears property liability for improper performance of operations on the account. There are the following types of violations of the bank account agreement: untimely crediting of funds received by the client to the account; unreasonable debiting by the bank of funds from the account; failure to comply with the client's instructions to transfer funds from the account; failure to comply with the client's instructions to withdraw funds from the account. In all these cases (in the presence of these violations), the bank is obliged to pay interest on this amount in the manner and in the amount provided for in Art. 395 of the Civil Code of the Russian Federation, that is, based on the refinancing rate of the Central Bank of the Russian Federation for each day of delay.

The bank account agreement can be terminated on the initiative of: a credit institution (court decision) and a client (at any time).

The balance of funds on the account is issued to the client or, at his instruction, transferred to another account no later than seven days after receiving the corresponding written application from the client.

Termination of the bank account agreement is the basis for closing the client's account.

41. Characteristics of types of bank accounts

According to the bank account agreement, the bank undertakes to accept and credit funds received to the account opened by the client (account holder), fulfill the client's instructions to transfer and issue the appropriate amounts from the account and conduct other operations on the account.

The types of bank accounts were listed in the previous question (settlement, currency, deposit, etc.).

The most commonly used types of bank accounts are settlement and current. In connection with the transition to the treasury system for the execution of the federal budget, banks open accounts for recording income and budget funds of the federal treasury bodies of the Ministry of Finance of the Russian Federation. The main accounts of credit institutions are correspondent accounts and correspondent sub-accounts. Settlement accounts are opened for commercial organizations (economic partnerships and companies, production cooperatives, unitary enterprises). They are used for:

1) crediting proceeds from entrepreneurial activities and making payments related to this activity to suppliers and counterparties in civil law transactions; crediting the amounts of loans received;

2) settlements with employees on wages and other payments; settlements with banks for received loans and interest on them; payments on decisions of courts and other bodies that have the right to make decisions on the recovery of funds from the accounts of legal entities in an indisputable manner; other settlement transactions.

Current accounts are used primarily by non-profit organizations, as well as business entities that are not legal entities. Thus, current accounts are opened: public organizations, institutions and separate divisions of organizations (branches, representative offices).

A foreign currency account is opened for crediting and settlements in cash denominated in a foreign currency. At the same time, foreign currency means banknotes recognized as legal tender in the relevant foreign state.

Banknotes of foreign states, which, in accordance with the legislation of this state, are recognized as withdrawn from circulation or limited in circulation, are not considered foreign currency.

A deposit (deposit) account is intended for storing temporarily free funds. Such an account is opened for a bank client on the basis of a concluded bank deposit agreement.

Under a bank deposit (deposit) agreement, one party (credit institution), which has accepted the amount of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner prescribed by this agreement . In accordance with this definition, a credit institution, as one of the parties to a bank deposit agreement, keeps the funds transferred to it by the client, and also pays interest on them in the amount specified in the agreement and undertakes to issue funds to the depositor within the period specified by the parties in the agreement (after specified time or upon request).

According to the bank deposit agreement, the depositor: transfers funds to the credit institution for safekeeping; the right to demand the return of their funds at any time; will receive his funds on first demand, but unless otherwise specified in the contract, if they are claimed before a certain date (in a certain period of time), he loses the right to receive all or part of the interest accrued on the amount of the deposit.

42. Direct and indisputable debiting of funds from bank accounts

Indisputable debiting of funds from bank accounts on orders of third parties should be distinguished from direct debiting.

In case of direct debiting based on an agreement concluded by a bank client with a counterparty (supply agreement), the specified counterparty, as the conditions of the transaction are fulfilled, is allowed to demand from the credit institution in which the account of the purchaser of goods, works or services is opened, write-off in its favor of the amount of money due under the agreement funds.

The indisputable debiting of funds from bank accounts has the following main differences from non-acceptance:

1) an undisputed write-off is not based on the terms of the contract, but follows from the provisions of the law;

2) it is not the counterparty in the civil law transaction that has the right to direct debit, but the state body;

3) the right to an indisputable write-off follows from power (administrative, tax) legal relations, and not civil and other, based on the equality of the parties;

4) an indisputable write-off is based on the presumption of validity of claims that, by their nature, do not require a preliminary sanction of a court or arbitration court and, in most cases, do not raise objections from the debtor; cases of the possibility of indisputable debiting of funds from bank accounts are exhaustively defined by law.

According to the tax legislation of the Russian Federation, the tax authorities are vested with the right to indisputably write off funds from the bank accounts of credit institutions within the framework of their powers.

In cases expressly provided for by the Tax Code of the Russian Federation, the powers of the tax authorities are vested in the customs authorities, authorities of state extra-budgetary funds, state executive authorities and executive authorities of local self-government, other bodies and officials authorized by them, who, in addition to tax and customs authorities, in accordance with the established procedure, receive and collect taxes and/or fees.

As a general rule, tax is collected from the organization in an indisputable manner. According to the orders of the tax authorities, the collection is made from the settlement (current) account of the enterprise, and in the absence of funds on these accounts - from the foreign currency account.

An exception - collection of tax from an organization cannot be made in an indisputable manner if the obligation to pay tax is based on a change by the tax authority of the legal qualification of transactions concluded by the taxpayer with third parties or the legal qualification of the status and nature of the taxpayer's activities.

The customs authorities of the Russian Federation have the right to carry out an indisputable write-off of debts of export and import duty payers both in rubles and in foreign currency.

The Federal Customs Service is a federal executive body that exercises the functions of control and supervision in the field of customs; currency control agent; special functions to combat smuggling, other crimes and administrative offenses.

The main functions of the customs authorities of the Russian Federation include: collection of customs duties, taxes, anti-dumping, special and countervailing duties, customs fees, control over the correct calculation and timeliness of their payment; customs clearance and customs control; combating violations of customs rules and tax legislation relating to goods transported across the customs border of the Russian Federation.

Debt in foreign currency is written off by means of a collection order in foreign currency to an authorized bank that maintains the payer's foreign currency account.

43. Loan agreement. The procedure for providing funds under a loan agreement

According to the loan agreement, on the one hand, the bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement; on the other hand, the borrower undertakes to return the amount of money received and pay interest on it. The loan agreement is consensual, mutually binding, and is concluded only in writing. Its non-observance entails the invalidity of the loan agreement, and it is considered void.

The parties may refuse to complete the transaction in the following cases:

1) the creditor has the right to refuse:

a) from granting to the borrower a loan stipulated by the loan agreement in full or in part in the presence of circumstances that clearly indicate that the amount of money provided to the borrower will not be returned on time;

b) from further lending to the borrower under the agreement in case of violation by the borrower of the obligation stipulated by the loan agreement for the intended use of the loan;

2) the borrower has the right to refuse to receive a loan in whole or in part, notifying the creditor of this before the term for its provision established by the agreement, unless otherwise provided by law, other legal acts or a loan agreement.

Principles of bank lending: repayment; payment; security; purposefulness.

The procedure for the provision of funds by credit institutions is regulated by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", "On Banks and Banking", as well as the Regulations of the Central Bank of the Russian Federation "On the procedure for the provision (placement) of funds by credit institutions and their return (repayment) "dated 3108.1998 No. 54-P. The provision of funds under a loan agreement can be carried out both in the national currency of the Russian Federation and in foreign currencies in compliance with the requirements of the current legislation.

The bank provides the client with funds under loan agreements in the following order:

a) to legal entities - only in a non-cash manner by crediting funds to a settlement or correspondent account / sub-account of the borrower client opened on the basis of a bank account agreement, including when providing funds for payment of payment documents and for the payment of wages;

b) individuals in a non-cash manner by crediting funds to the bank account of the client-borrower of an individual, which also means an account for recording the amounts of deposits attracted by the bank of individuals in the bank and in cash through the bank's cash desk. Provision (placement) of funds in foreign currency to legal entities and individuals is carried out by authorized banks in a cashless manner.

Ways for the bank to provide funds to the client under a loan agreement: one-time crediting of funds to bank accounts; issuance of cash to a borrower - an individual; opening a credit line, i.e. concluding an agreement on the basis of which the client-borrower acquires the right to receive and use funds within a specified period; lending by the bank to the bank account of the client-borrower and payment of settlement documents from the bank account of the client-borrower, etc.

When opening a credit, the following conditions are met:

1) the total amount of funds provided to the client-borrower must not exceed the maximum amount (limit) specified in the agreement;

2) during the term of the agreement, the amount of the one-time debt of the client-borrower does not exceed the limit established by this agreement.

44. Bank of Russia loans to credit institutions secured by pledge of securities. Settlement and cash operations

The Central Bank of the Russian Federation provides loans to credit institutions in the currency of the Russian Federation in order to maintain and regulate the liquidity of the banking system and on the terms of security, urgency, repayment, payment.

Bank of Russia loans are secured by the pledge of securities included in the Lombard List, i.e., the list of securities accepted as collateral for Bank of Russia loans. To obtain a loan, a general loan agreement must be concluded between the Bank of Russia and a credit institution. The loan is extended to a bank account opened on the basis of a bank account agreement with the subdivisions of the settlement network of the Bank of Russia. Securities must meet the following requirements: included in the pawn list; are recorded on the bank's depo account opened with the depository; belong to the credit organization on the right of ownership, are not burdened with other obligations; there are no disputes and claims made in accordance with the established procedure in respect of securities; have a maturity not earlier than 10 calendar days after the maturity of the requested loan.

The term of maturity of a security means the nearest of the following dates:

1) redemption of a security;

2) payment of a part of the par value of the security;

3) repurchase of the security by the Bank of Russia.

The collateral for the loan is considered sufficient if the market value of the securities, adjusted by an appropriate adjustment factor, is greater than or equal to the amount of the requested loan, including the amount of interest for the expected period of use of the loan. Insufficient collateral serves as a basis for refusing to provide the requested loan amount.

The Central Bank of the Russian Federation provides credit institutions with the following types of loans: intraday, overnight loans, pawn loans.

Intraday loans are provided during the working day of the settlement network subdivision of the Central Bank of the Russian Federation.

Overnight loans provided within one business day.

Terms of submission pawn loans established by the Bank of Russia and published by the Bulletin of the Bank of Russia. Interest rates on overnight loans, cut-off rates and weighted average rates based on the results of Lombard loan auctions, interest rates on Lombard loans provided at a fixed interest rate, and fees for the right to use intraday loans are set by the Bank of Russia.

The relations of credit institutions with clients for cash services are carried out on a contractual basis.

For comprehensive cash services for individuals and legal entities, for performing operations with cash and other valuables, credit organizations create a cash department, consisting of incoming, outgoing, incoming and outgoing, evening cash desks, recalculation cash desks and others.

To ensure the timely withdrawal of cash from bank accounts of organizations and individuals engaged in entrepreneurial activities without forming a legal entity, as well as from accounts on deposits of citizens to credit organizations, the amount of the minimum allowable cash balance in the operating cash desk at the end of the day is set. The actual balance of money in the cash register should not be lower than the established one. The minimum balance of cash in the operating cash desk is established by the credit institution in agreement with the institution of the Central Bank of the Russian Federation, based on the volume of cash turnover passing through the cash desk, the schedule for receiving cash from customers, the procedure for processing it and other features of the organization of cash circulation and cash work.

45. Collection of funds and other valuables in credit institutions. Settlement legal relationship

The procedure for the collection of funds and other valuables in Russia for credit institutions and their branches operating in the territory of the Russian Federation is regulated by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", "On banks and banking activities", as well as the Regulations "On the procedure for conducting cash transactions in credit institutions on the territory of the Russian Federation" dated 09.10.2002 No. 199-P. Credit institutions carry out collection and delivery of their own cash and valuables, as well as cash and valuables belonging to customers independently or on contractual terms through other organizations that carry out collection operations and are part of the banking system of the Russian Federation.

Head of collection department ensures the organization of work on the delivery of valuables, the creation of conditions aimed at the safety of the transported valuables and the safety of the brigade of collectors.

Accounting, storage and use of weapons and ammunition in credit institutions are carried out in accordance with the regulations of the Ministry of Internal Affairs of Russia.

Cash collection and delivery operations are carried out only on technically sound special vehicles that have the appropriate color and graphic color, special light and sound signals; means of radio communication and other means necessary to ensure the safety and security of cash collection employees and the safety of transported valuables.

The following persons are allowed to work in the cash collection unit: fit for health reasons; tested by the bodies of the Ministry of Internal Affairs of Russia; who received training in special courses for security guards according to the program approved by the Ministry of Internal Affairs of Russia.

Employees engaged in cash collection must be provided with special equipment, personal protective equipment and armed with firearms. The procedure for obtaining by the Russian Association of cash collection in the internal affairs bodies for temporary use of certain types and models of military small arms and cartridges for it is established by the Decree of the Government of the Russian Federation "On measures to provide legal entities with special statutory tasks with military small arms".

Currently, settlement legal relations are regulated in Russia by the Civil Code of the Russian Federation and banking legislation.

Settlement legal relationship - these are public relations regulated by the rules of law and arising from the implementation of settlements between organizations and individuals in the process of economic and related non-economic activities, as well as between them and the state in the process of fulfilling financial obligations.

Peculiarities of settlements between various participants of settlement legal relations are as follows:

1) settlements with the participation of citizens, not related to their entrepreneurial activities, can be made in cash without limiting the amount or in a non-cash manner;

2) settlements between legal entities, as well as settlements with the participation of citizens related to their entrepreneurial activities, are made in a cashless manner;

3) settlements between the persons indicated in the previous paragraph may also be made in cash, unless otherwise provided by law.

Non-cash payments are made through banks and other credit organizations in which the corresponding accounts are opened, unless otherwise follows from the law and is not stipulated by the form of payment used.

When making non-cash payments, payments by payment orders are allowed; by letter of credit; checks; settlements by collection and in other forms provided for by law, banking rules established in accordance with it and business customs used in banking practice.

46. Payment order and letter of credit

When making payments by payment order, the bank undertakes, on behalf of the payer, at the expense of the funds in his account, to transfer a certain amount of money to the account of the person indicated by the payer in this or in another bank within the period provided for by law or established in accordance with it, unless a shorter period is provided for by the bank account agreement or not determined by the customs of business practice applied in banking practice.

Payer's order executed by the bank if there are funds on the payer's account, unless otherwise provided by the agreement between the payer and the bank. Instructions are executed by the bank in compliance with the order in which funds are debited from the account. The bank that accepted the payer's payment order is obliged to transfer the corresponding amount of money to the recipient's bank for its crediting to the account of the person specified in the order within the prescribed period. He has the right to attract other banks to perform operations for the transfer of funds to the account specified in the client's order. At the request of the payer, the bank is obliged to immediately inform him of the execution of the order.

Money orders are urgent, early and deferred. They are established by agreement of the parties to settlement relations.

Letter of credit represents a monetary obligation of a bank issued by it on behalf of a client in favor of its counterparty under an agreement under which the bank that opened the letter of credit (issuing bank) can make a payment to the supplier or authorize another bank to make such payments.

When making payments under a letter of credit, in accordance with the Regulations on Non-Cash Payments, the bank acting on behalf of the payer to open the letter of credit (issuing bank) undertakes to make payments in favor of the recipient of the funds upon presentation of documents that comply with all the terms of the letter of credit, or to provide authority to another bank (executing bank) to make such payments. The executing bank may be the issuing bank, the recipient bank, or another bank. The letter of credit is separate and independent from the main agreement.

Types of letters of credit:

1) covered (deposited), which is considered a letter of credit, at the opening of which the issuing bank transfers the payer's own funds or the credit granted to him at the disposal of the supplier's bank (executing bank) to a separate balance account "Letters of credit" for the entire period of validity of the obligations of the issuing bank;

2) uncovered (guaranteed) letter of credit, which can be opened when correspondent relations are established between banks;

3) revocable, in which there is no indication of whether it is revocable or irrevocable;

4) irrevocable, which cannot be changed or canceled without the consent of the supplier in whose favor it is opened.

When making settlements under a letter of credit, the payer submits to the issuing bank 2 copies of the application for opening a letter of credit, in which he instructs the issuing bank to open a letter of credit. Based on the application, the issuing bank draws up a letter of credit.

To receive funds under a letter of credit, the supplier, having shipped the goods, submits a register of invoices, shipping and other documents stipulated by the terms of the letter of credit to the servicing bank. Documents confirming payments under the letter of credit must be submitted by the supplier to the bank before the expiration of the letter of credit and confirm the fulfillment of all conditions of the letter of credit. If at least one of these conditions is violated, no payments under the letter of credit are made. When paying under a letter of credit, the supplier's bank (executing bank) is obliged to verify that the supplier complies with all the conditions of the letter of credit, as well as the correctness of the register of accounts.

47. Collection and check

When calculating for collection the bank (issuing bank) undertakes, on behalf of the client, to carry out at the expense of the client actions to receive payment and (or) acceptance of payment from the payer. The issuing bank that received the client's order is entitled to engage another bank (executing bank) for its execution.

Procedure for making payments for collection is regulated by the law, the banking rules established in accordance with it and the customs of business turnover applied in banking practice, according to which:

1) in case of non-execution or improper execution of the client's order, the issuing bank shall be liable to him on the grounds and in the amount provided for by the norms of liability for breach of obligations;

2) the received (collected) amounts must be immediately transferred by the executing bank to the disposal of the issuing bank, which is obliged to credit these amounts to the client's account. The executing bank has the right to withhold from the collected amounts the remuneration and reimbursement of expenses due to it;

3) if the payment and (or) acceptance was not received, the issuing bank immediately informs the client about this, asking him for instructions on further actions. Thus, the client is given the opportunity to independently determine their further actions in connection with non-receipt of payment.

Check - this is a security containing an unconditional order of the drawer of the check to the bank to pay the amount specified in it to the holder of the check.

A distinctive feature of relations on settlements by checks is their special subject composition. The main participants in these relations are the drawer - this is the person who issued the check, the holder of the check - the person who is the owner of the issued check, the payer - the bank that makes the payment on the presented check.

According to the legislation, the banking rules established in accordance with it and the customs of business turnover applied in banking practice:

1) only a bank where the issuer of the check has funds that he has the right to dispose of by issuing checks can be indicated as a payer on a check;

2) withdrawal of a check before the expiration of the period for its presentation is not allowed;

3) the issuance of a check does not extinguish the pecuniary obligation in pursuance of which it was issued. The check only replaces, but does not eliminate the former debt obligation of the drawer, which remains in force until the payer pays the check. From this moment, the holder of the check loses the right to claim against the drawer;

4) a check is paid at the expense of the drawer of a check by the payer, provided that it is presented for payment within the established period. The person who paid the check has the right to demand that the check be handed over to him with a receipt for payment;

5) presentation of a check for payment is carried out by the holder of the check by presenting the check to the bank servicing the holder of the check for collection (collection of the check);

6) the holder of a check must notify his endorser and drawer of the non-payment of a check within two working days from the date of the protest or an equivalent act;

7) if the payer refuses to pay the check, the holder of the check has the right of recourse: according to which he has the right to declare a claim for payment to all persons liable for the check - the drawer, availers, endorsers, who are jointly and severally liable to the holder of the check. In the event of an unjustified refusal to pay a check, the payer shall be liable to the issuer of the check, but not to the holder of the check;

8) The Civil Code of the Russian Federation establishes a reduced limitation period (6 months) for claims of a check holder against persons liable under a check. It is calculated from the date of expiration of the term for presenting a check for payment.

48. Interregional electronic payments in the Russian Federation

Interregional electronic settlements (MED) are carried out through settlement network of the Central Bank of the Russian Federation.

Interregional electronic settlements carried out through the settlement network of the Central Bank of the Russian Federation are understood as a set of relations between the subdivisions of the settlement network of the Central Bank of the Russian Federation located on the territory of various constituent entities of the Russian Federation, as well as between credit institutions, clients of the Central Bank of the Russian Federation and subdivisions of the settlement network of the Central Bank of the Russian Federation for making payments using payment and service information documents compiled in electronic form.

The procedure for the implementation of interregional electronic payments assumes the following:

1) transfer of payments is carried out on the basis of a payment order;

2) the exchange of electronic payment documents (EPD) and electronic service information documents (ESID) between credit institutions or clients of the Central Bank of the Russian Federation and the service unit of the settlement network of the Central Bank of the Russian Federation is carried out in packages that include one or more electronic documents;

3) each package is signed (protected) by the sender's electronic digital signature, while individual EPDs within the package are not signed;

4) when transmitting EPD packets, information security tools used in the system of the Central Bank of the Russian Federation are used;

5) electronic payment documents included in the package signed with an electronic digital signature (EDS) are recognized as having equal legal force with settlement documents drawn up on paper, signed by authorized persons and certified by a seal, only if the authenticity of the EPD package is confirmed. This norm should be reflected in the agreement on the exchange of electronic documents when making settlements through the settlement network of the Central Bank of the Russian Federation;

6) confirmation of the authenticity of the EPD (EPD package) is the basis for subsequent operations.

The production and execution of a copy of the EPD on paper is carried out by the institution of the Central Bank of the Russian Federation serving the bank, the client of the Central Bank of the Russian Federation - the recipient in the case when the executed EPD cannot be brought electronically to the bank, the client of the Central Bank of the Russian Federation, since they are not participants in the exchange of electronic documents with Central Bank of the Russian Federation, and is carried out in accordance with the Accounting Rules in the Central Bank of the Russian Federation (Bank of Russia), as well as directly by the bank, the client of the Central Bank of the Russian Federation - the recipient in the case when the executed EPD is sent electronically (using telecommunications or on a magnetic medium) bank, client of the Central Bank of the Russian Federation, which are participants in the exchange of electronic documents with the Central Bank of the Russian Federation.

Based on the order of the Central Bank of the Russian Federation on the inclusion of a subdivision of the settlement network of the Central Bank of the Russian Federation into the number of participants in the Ministry of Economic Development, in the "Directory of Bank Identification Codes of Participants in Settlements in the Territory of the Russian Federation" ("Directory of the BIC of the Russian Federation"), a sign of a participant in the Ministry of Economic Development (props "Participant of electronic settlements" - UER) is established for relevant subdivision of the settlement network of the Central Bank of the Russian Federation.

Based on the information of the MED participants on the participation of the user (bank) in the MED system, fixed in the Account Agreement and the Exchange Agreement, changes are made to the RF BIC Directory in the prescribed manner. The list of participants of the Ministry of Economic Development is updated at the intervals established for updating the "BIC RF Directory".

The users of the MER system can be banks and clients of the Central Bank of the Russian Federation that have correspondent accounts, correspondent sub-accounts or other accounts with the RCC (GRCC) of the MER participants. The recipient of electronic payments can be the Central Bank of the Russian Federation, credit institutions and their clients, as well as clients of the Central Bank of the Russian Federation, provided that the subdivision of the settlement network of the Central Bank of the Russian Federation serving them is a member of the Ministry of Economic Development.

49. Trust management of property

Basic concepts and provisions of trust management of property:

1) the founder of trust management - the owner of the property or other persons in accordance with the legislation of the Russian Federation;

2) trust manager - a credit organization, and in cases where it acts as a founder of trust management of property - an individual entrepreneur or a commercial organization, with the exception of a unitary enterprise;

3) general bank management fund (OFBU) - a property complex consisting of property transferred to trust management by different persons and united on the basis of common ownership, as well as acquired by a trustee in the course of trust management;

4) the founder of the OFBU management - the founder of the trust management, who contributed a share of the property to the OFBU;

5) certificate of equity participation - a document certifying the fact of transfer of property to trust management and the size of the founder's share in the OFBU. The participation certificate is not property and cannot be the subject of sales contracts and other transactions;

6) investment declaration - a document containing information on the share of each type of securities included in the OFBU investment portfolio, the share of funds placed in currency values, on sectoral diversification of investments (by types of sectors of securities issuers).

Under a property trust agreement one party (the founder of the management) transfers the property to the other guardian (trustee) for a certain period of time in trust management, and the other party undertakes to manage this property in the interests of the founder of the management or the person indicated by him (the beneficiary);

Property management in the interests of the founder of the management or the person indicated by him (beneficiary) can occur without combining the property of this founder into a single property complex with the property of other persons (individual trust management agreement) or with the consolidation of the property of this founder into a single property complex - the general fund of banking management - along with the property of other persons.

The objects of trust management for a credit institution acting as a trustee may be: funds in the currency of the Russian Federation and in foreign currency; securities; natural gems and precious metals; derivative financial instruments owned by Russian residents.

The property received by the credit institution - trustee for trust management shall be separated from other property of the founder of the management, as well as from the property of the credit organization - trustee. To keep records of transactions with property received in trust management by a credit institution, trust management accounts are used.

For credit institutions acting as trustees to perform trust management settlements:

1) in rubles - a separate personal account of the balance sheet account No. 40701 "Financial organizations" is opened in institutions of the Bank of Russia. It is opened by credit institutions - trustees at the place of opening a correspondent (subcorrespondent) account of a credit institution (branch);

2) in foreign currency - account No. 40701 is opened in other authorized banks.

Trust management operations in credit institutions - trust managers are accounted for on a separate balance sheet drawn up for each individual trust management agreement and for each general bank management fund.

On the basis of separate balances under agreements, a daily consolidated balance sheet for trust management is compiled.

50. Interbank transactions. Bank deposit insurance

In the process of carrying out interbank operations, credit institutions on a contractual basis are entitled to: attract and place funds from each other in the form of deposits (deposits) and loans; carry out settlements through settlement centers and correspondent accounts opened in accordance with the established procedure, opened with each other; perform other mutual transactions provided for by licenses issued by the Central Bank of the Russian Federation.

Correspondent relations between a credit institution and the Central Bank of the Russian Federation are carried out on a contractual basis and assume the following:

1) funds are debited from the accounts of a credit institution by its order or with its consent, with the exception of cases provided for by federal law;

2) if there is a shortage of funds for lending to customers and fulfilling the obligations assumed, the credit institution may apply for loans from the Central Bank of the Russian Federation on the conditions determined by it;

3) the credit institution monthly reports to the Central Bank of the Russian Federation about newly opened correspondent accounts in the territory of the Russian Federation and abroad;

4) credit institutions establish correspondent relations with foreign banks registered in the territories of offshore zones of foreign states, in the manner determined by the Central Bank of the Russian Federation.

The system of compulsory insurance of deposits of individuals in banks is being created in order to ensure the guarantees of the return of funds attracted by banks from citizens and compensation for the loss of income on invested funds.

Members of the mandatory deposit insurance system are:

1) Deposit Insurance Agency;

2) banks entered in the register and attracting funds from citizens (insurants);

3) contributors;

4) Bank of Russia.

Principles of the deposit insurance system: obligatory participation of banks in the deposit insurance system; reducing the risks of adverse consequences for depositors in the event of default by banks on their obligations; transparency of the deposit insurance system; the accumulative nature of the formation of the mandatory deposit insurance fund at the expense of regular insurance premiums of banks participating in the deposit insurance system.

The totality of funds and other property that are formed and used in accordance with the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" dated December 23.12.2003, 177 No. XNUMX-FZ, constitutes the Compulsory Deposit Insurance Fund. Separate accounting is maintained for the Mandatory Deposit Insurance Fund, the fund cannot be levied on the obligations of the Russian Federation, constituent entities of the Russian Federation, municipalities, banks, other third parties, as well as the Deposit Insurance Agency, except in cases where the Agency's obligations have arisen in connection with failure to fulfill their obligations to pay compensation on deposits. Sources of formation of the mandatory deposit insurance fund: insurance premiums; penalties for late and (or) incomplete payment of insurance premiums; cash and other property received from the satisfaction of the rights of claim of the Deposit Insurance Agency, acquired as a result of payment of compensation on deposits; funds from the federal budget in cases stipulated by law; income from the placement and (or) investment of temporarily free funds of the compulsory deposit insurance fund; initial property contribution; other income not prohibited by law.

In addition to compulsory insurance of bank deposits, there is also voluntary insurance. Banks have the right to create voluntary deposit insurance funds to ensure the return of deposits and the payment of income on them. Such funds are created as non-profit organizations.

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.

52. Residents and non-residents, their rights and obligations

Residents:

1) individuals who are citizens of the Russian Federation, with the exception of citizens of the Russian Federation who are recognized as permanent residents of a foreign state in accordance with the legislation of that state;

2) permanently residing in the Russian Federation on the basis of a residence permit provided for by Russian legislation, foreign citizens and stateless persons; legal entities established in accordance with Russian law;

3) branches, representative offices and other subdivisions of residents - legal entities established in accordance with Russian legislation, located outside the territory of the Russian Federation; diplomatic missions, consular offices of the Russian Federation and other official representative offices of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

4) the Russian Federation, subjects of the Russian Federation, municipalities that act in relations regulated by the Federal Law "On currency regulation and currency control".

Non-residents:

1) individuals who are not residents; legal entities established in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;

2) organizations that are not legal entities, established in accordance with the legislation of foreign states and located outside the territory of Russia;

3) diplomatic missions accredited in the Russian Federation, consular offices of foreign states and permanent representations of these states at interstate or intergovernmental organizations;

4) interstate and intergovernmental organizations, their branches and permanent representative offices in the Russian Federation;

5) branches, permanent representative offices and other separate or independent structural subdivisions of non-residents located on the territory of the Russian Federation.

Rights and obligations of residents when carrying out foreign exchange transactions: without restrictions, open bank accounts (bank deposits) in foreign currency in authorized banks, unless otherwise provided by law; make settlements when carrying out foreign exchange transactions through bank accounts, with the exception of certain foreign exchange transactions (transfers by an individual - a resident of foreign exchange values as a gift of the Russian Federation, a constituent entity of the Russian Federation and (or) a municipality); make settlements when carrying out foreign exchange transactions through accounts opened with banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts; write off and (or) credit funds, internal and external securities from a special account and to a special account of a resident; carry out settlements through their bank accounts in any foreign currency with, if necessary, a conversion operation at the rate agreed with the authorized bank, regardless of the foreign currency in which the bank account was opened.

Non-residents have the right: open bank accounts (bank deposits) in foreign currency and the currency of the Russian Federation only in authorized banks; transfer without restrictions foreign currency and the currency of the Russian Federation from their bank accounts (from bank deposits) in banks outside the territory of the Russian Federation to their bank accounts (to bank deposits) in authorized banks; transfer foreign currency without restrictions from their bank accounts (from bank deposits) in authorized banks to their accounts (to deposits) in banks outside the territory of the Russian Federation; write off and (or) credit funds, internal and external securities from a special account and to a special account of a non-resident in the manner established by the Central Bank of the Russian Federation.

53. Currency transactions between residents and non-residents

Operations of residents with foreign currency and securities in foreign currency are divided into current foreign exchange operations and foreign exchange operations related to the movement of capital. Current currency transactions are carried out without any restrictions. Operations on the movement of capital are carried out in the manner determined by the Government of the Russian Federation and the Central Bank of the Russian Federation.

Currency transactions between residents are prohibited, with the exception of: transactions related to settlements in duty-free shops, in the sale of goods and the provision of services to passengers en route in international transportation; transactions between commission agents (agents, attorneys) and principals (principals, principals) when providing) services related to the conclusion and execution of contracts with non-residents on the transfer of goods, performance of work, provision of services, transfer of information and results of intellectual activity, including exceptional rights to them; operations under contracts of transport expedition, transportation and chartering (charter) when the freight forwarder, carrier and charterer provide services related to the transportation of cargo exported from the Russian Federation or imported into the Russian Federation, transit transportation of cargo through the territory of the Russian Federation, as well as under insurance contracts for these cargoes; transactions with external securities issued on behalf of the Russian Federation, carried out through trade organizers on the securities market of the Russian Federation, subject to the registration of rights to such securities in depositories; operations of legal entities with external securities, provided that the rights to such securities are recorded in depositories established in accordance with the legislation of the Russian Federation, and settlements are made in the currency of the Russian Federation; operations related to the implementation of mandatory payments to the federal budget, the budget of a constituent entity of the Russian Federation, the local budget in foreign currency.

There are no restrictions on currency transactions between residents and authorized banks related to: obtaining and repaying loans and borrowings, paying interest and sanctions under relevant agreements; depositing residents' funds to bank accounts (deposits) and receiving residents' funds from bank accounts (deposits); acquisition by residents from authorized banks of promissory notes issued by these or other authorized banks, presentation of them for payment, receipt of payment on them, collection of sanctions on them, as well as alienation by residents of the said promissory notes to authorized banks; with the purchase and sale by individuals of cash and non-cash foreign currency and checks, the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of foreign states, acceptance for collection in banks outside the territory RF cash foreign currency and checks, the nominal value of which is indicated in foreign currency, not for the purposes of entrepreneurial activities by individuals.

Non-residents have the right:

1) without restrictions to carry out transfers of foreign currency among themselves from accounts in banks outside the territory of the Russian Federation to bank accounts in authorized banks or bank accounts in authorized banks to accounts in banks outside the territory of the Russian Federation or in authorized banks;

2) to carry out foreign exchange transactions with domestic securities on the territory of the Russian Federation, taking into account the requirements of antimonopoly legislation and legislation on the securities market in the manner established by the Central Bank of the Russian Federation, which may require the use of a special account when making such transactions.

54. Internal currency market of the Russian Federation. Resident and non-resident accounts

Purchase and sale of foreign currency and checks, the nominal value of which is indicated in foreign currency, in the Russian Federation is carried out only through authorized banks. The Central Bank of the Russian Federation establishes requirements for credit institutions to draw up documents for the purchase and sale of foreign currency in cash and checks (including traveller's checks), the nominal value of which is indicated in foreign currency. The requirement to identify a person when buying and selling by individuals foreign currency in cash and checks whose nominal value is indicated in foreign currency cannot be established, except for cases provided for by federal laws.

Purchase and sale procedure foreign currency and checks, the nominal value of which is indicated in foreign currency, by residents who are not individuals and non-residents may provide for the following requirements:

1) on the use of special accounts for the reservation by residents of an amount not exceeding the equivalent of 100% of the amount of the purchased currency for a period not exceeding 60 calendar days prior to the date of the currency purchase;

2) reservation by non-residents of an amount not exceeding the equivalent of 20% of the amount of the currency being sold, for a period not exceeding one year.

The requirements for the use of a special account and for reservations do not apply to the purchase and sale of foreign currency and corresponding checks by authorized banks and individuals not for the purpose of their entrepreneurial activities.

Such requirements also do not apply if the reservation condition has already been established in connection with the implementation of a foreign exchange transaction, for which the sale and purchase of foreign currency and checks is carried out.

Residents open without restrictions foreign currency accounts in banks located in the territories of foreign countries that are members of the Organization for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering (FATF). Not later than one month from the date of conclusion (termination) of the agreement on opening an account with a bank located outside the territory of the Russian Federation, residents are required to notify the tax authorities at their place of registration of the opening (closing) of accounts. In other cases, residents open bank accounts outside the territory of the Russian Federation in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide for preliminary registration of the account being opened.

Residents have the right to transfer funds to their accounts opened with banks outside the territory of the Russian Federation from their accounts with authorized banks or their other accounts opened with banks outside the territory of the Russian Federation. Legal entities - residents have the right to carry out currency transactions without restrictions with funds credited to accounts opened with banks outside the territory of the Russian Federation, with the exception of transactions between residents.

Individuals - residents have the right to carry out currency transactions without restrictions that are not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited to accounts opened with banks outside the territory of the Russian Federation.

Non-residents have the right to open bank accounts in the territory of the Russian Federation in foreign currency and in the currency of the Russian Federation only in authorized banks, the procedure for opening and maintaining which in the territory of the Russian Federation, including special accounts, is established by the Central Bank of the Russian Federation.

Without restrictions, non-residents have the right to transfer foreign currency and the currency of the Russian Federation from their bank accounts in banks outside the territory of the Russian Federation to their accounts and deposits in authorized banks and foreign currency from their bank accounts in authorized banks to their accounts in banks outside the Russian Federation.

55. Currency control

Currency control in the Russian Federation is carried out by the Government of the Russian Federation, as well as bodies and agents of currency control.

The currency control bodies in the Russian Federation include the Central Bank of the Russian Federation and federal executive bodies authorized by the Government of the Russian Federation.

Currency control agents are: authorized banks reporting to the Central Bank of the Russian Federation; professional participants in the securities market that are not authorized banks, including registrars (registrars) accountable to the federal executive body for the securities market; Customs; territorial bodies of federal executive bodies that are currency control bodies.

Control over the implementation of foreign exchange transactions is provided by:

1) the Central Bank of the Russian Federation - in relation to credit institutions;

2) within their competence, federal executive bodies acting as currency control bodies, and currency control agents - in relation to residents and non-residents who are not credit institutions or currency exchanges.

The Government of the Russian Federation performs the following functions:

1) coordinates the activities in the field of currency control of federal executive bodies that are currency control bodies, their interaction with the Central Bank of the Russian Federation;

2) ensures the interaction of professional participants in the securities market and customs authorities, who are not authorized banks, as currency control agents with the Central Bank of the Russian Federation.

CBR interacts with other currency control authorities and ensures interaction with them, as well as with the customs authorities of authorized banks as agents of currency control.

Bodies and agents of currency control and their officials, within their competence and in accordance with the law, have the right to:

1) conduct inspections of compliance by residents and non-residents with acts of currency legislation and acts of currency regulation bodies;

2) to check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents;

3) request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintaining accounts (term - 7 working days from the date of submission of the request).

Rights of currency control authorities and their officials:

1) issue orders to eliminate revealed violations of acts of currency legislation and acts of currency regulation bodies;

2) to apply the measures of responsibility established by the legislation for violation of the acts of the currency legislation and acts of the currency regulation bodies.

For the purpose of exercising currency control, currency control agents, within their competence, have the right to request and receive from residents and non-residents the following documents (copies of documents) related to conducting currency transactions, opening and maintaining accounts:

1) documents proving the identity of an individual;

2) a document on state registration of an individual as an individual entrepreneur;

3) documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;

4) certificate of registration with the tax authority;

5) documents certifying the rights of persons to real estate, etc.

Currency control agents and their officials are obliged to: exercise control over compliance with acts of currency legislation and acts of currency regulation bodies; submit to the currency control authorities information on currency transactions carried out with their participation, in accordance with the established procedure; keep commercial, banking and official secrets that became known to them in the exercise of their powers.

56. Taxation of credit organizations

According to the law, credit organizations are legal entities. Therefore, when taxing, the general rules for taxing legal entities established by the legislation of the Russian Federation on taxes and fees are applied to them. In some cases, tax legislation for banks takes into account the specifics of their business activities to provide banking services to customers.

In the Russian Federation, legal entities (organizations) pay a fairly large group of taxes. Most important of which: corporate income tax; value added tax; excises; corporate property tax; tax on transactions with securities; transport tax; unified social tax; mineral extraction tax and a number of others.

The legal basis for the taxation of credit institutions is the norms of the tax legislation of Russia, determined by:

1. The Constitution of the Russian Federation.

2. Norms of international law and international treaties of the Russian Federation.

3. Special tax legislation of the Russian Federation (in the Tax Code of the Russian Federation it is referred to as "legislation on taxes and fees"), which, in turn, includes the following elements:

a) federal legislation on taxes and fees (or legislation on taxes and fees of the Russian Federation), including: the Tax Code of the Russian Federation; other regulatory legal acts on taxes and fees;

b) regional legislation on taxes and fees, including: laws of subjects of the Russian Federation; other regulatory legal acts on taxes and fees adopted by the legislative (representative) bodies of the constituent entities of the Russian Federation;

c) regulatory legal acts on taxes and fees adopted by representative bodies of local self-government;

4. General tax legislation (other federal laws containing the norms of tax law).

5. Subordinate regulatory legal acts on issues related to taxation and fees:

1) acts of bodies of general competence, including:

a) decrees of the President of the Russian Federation;

b) Decrees of the Government of the Russian Federation;

c) by-laws on issues related to taxation and fees, adopted by the executive authorities of the constituent entities of the Russian Federation;

d) subordinate normative legal acts on issues related to taxation and fees, adopted by the executive bodies of local self-government;

2) acts of bodies of special competence, including departmental by-laws on issues related to taxation and fees of bodies of special competence, the publication of which is directly provided for by the Tax Code of the Russian Federation.

6. Decisions of the Constitutional Court of the Russian Federation.

The procedure for paying taxes by credit institutions is regulated by the provisions of the relevant chapters of part two of the Tax Code of the Russian Federation, and before their adoption, the Federal Law on a specific tax was regulated:

1) for example, at present, the corporate income tax is established by the provisions of Chapter 25 (“Organizational Income Tax”), Part Two of the Tax Code of the Russian Federation, as well as the still valid provisions of the Law of the Russian Federation “On Corporate Income Tax” dated December 27.12.1991, 2116 No. 1 Until January 2002, XNUMX, this tax was levied in accordance with the aforementioned Law of the Russian Federation "On tax on profits of enterprises and organizations";

2) the unified social tax is generally a relatively new federal tax for the Russian tax system. It was established from January 1, 2001 by Chapter 24 ("Unified Social Tax") of Part Two of the Tax Code of the Russian Federation; In particular, the Federal Law "On Compulsory Pension Insurance in the Russian Federation" dated December 15.12.2001, 167 No. XNUMX-FZ. The UST replaced the previously existing contributions to state social non-budgetary funds.

57. Imposing corporate income tax on credit organizations

Taxpayers of corporate income tax among others are Russian credit institutions and foreign credit institutions operating in the Russian Federation through permanent representative offices and (or) receiving income from sources in the Russian Federation.

The object of taxation corporate income tax recognizes the profit received by the taxpayer. At the same time, the profit for the purposes of taxation for corporate income tax is recognized as follows:

1) for Russian credit institutions - income received reduced by the amount of expenses incurred;

2) for foreign credit institutions operating in the Russian Federation through permanent representative offices - the income received through these permanent representative offices, reduced by the amount of expenses incurred by these permanent representative offices;

3) for other foreign credit institutions - income received from sources in the Russian Federation.

At the same time, income for the purposes of taxation for corporate income tax includes income from the sale of banking services and property rights (sales income) and non-operating income.

When determining income, the amounts of indirect taxes presented by the taxpayer to the buyer (purchaser) of goods (works, services, property rights) are excluded from them. Income denominated in foreign currency is taken into account together with income denominated in rubles. At the same time, income denominated in foreign currency is recalculated into rubles at the official exchange rate of the Central Bank of the Russian Federation established on the date of recognition of these incomes. The tax base for corporate income tax is the monetary value of profit subject to taxation.

Tax accounting - this is a system for summarizing information for determining the tax base for a tax based on the data of primary documents grouped in accordance with the procedure provided for by the Tax Code of the Russian Federation.

Base rate corporate income tax is set at 24%. At the same time, revenues from taxation of legal entities at this rate are distributed among the budgets in the following proportions: 6,5% of the amount of tax calculated at the tax rate is credited to the federal budget and 17,5% to the budgets of the constituent entities of the Russian Federation.

Corporate income tax is calculated as a percentage of the tax base corresponding to the tax rate. As a general rule, the amount of tax at the end of the tax period is determined by the taxpayer independently. Based on the results of each reporting (tax) period, taxpayers pay monthly advance payments in equal installments in the amount of one third of the quarterly advance payment payable for the quarter preceding the quarter in which monthly advance payments are made. Monthly advance payments on actually received profit are paid no later than the 28th day of the month following the expired month.

Tax returns (tax calculations) based on the results of the tax period are submitted by taxpayers (tax agents) no later than March 28 of the year following the expired tax period.

An organization that has separate subdivisions in its composition, at the end of each reporting and tax period, submits to the tax authorities at the place of its location a tax declaration for the whole organization with distribution by separate subdivisions.

The profit received by the Central Bank of the Russian Federation from the performance of activities related to the performance of its functions under the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" is taxed at a tax rate of 0%. Other profits of the Central Bank of the Russian Federation are taxed at the base rate of 24%.

58. Taxation of credit organizations with a unified social tax

The detailed procedure for calculating and paying the UST is regulated by the Tax Code of the Russian Federation and guidelines, including the Guidelines on the procedure for collecting debt payers on insurance premiums to state social non-budgetary funds, offsetting (refunding) overpayments of insurance premiums to these funds and the unified social tax and Explanations on certain issues related to the application of the legislation on the unified social tax.

taxpayers unified social tax, among others, are persons making payments to individuals (including credit institutions). They pay UST because they are employers. For such employers, the object of taxation is payments and other remuneration accrued by taxpayers in favor of individuals under labor and civil law contracts, the subject of which is the performance of work, the provision of services (with the exception of remuneration paid to individual entrepreneurs), as well as under copyright agreements.

The tax base of taxpayers-employers is determined as the amount of payments and other remuneration provided for by law, accrued by taxpayers-employers for the tax period in favor of individuals. In this case, the tax base is determined separately for each employee from the beginning of the tax period at the end of each month on an accrual basis.

The Tax Code of the Russian Federation specifically stipulates a closed list of 14 types of payments that are not subject to taxation, including:

1) state benefits;

2) compensation payments;

3) the amount of one-time material assistance provided to taxpayers (individuals - employees of the bank in connection with a natural disaster or other emergency in order to compensate for material damage caused to them or harm to their health, as well as individuals who suffered from terrorist acts in the territory of the Russian Federation and family members of the deceased employee or the employee in connection with the death of a member (members) of his family);

4) the amount of insurance payments for compulsory insurance of employees carried out by the taxpayer in accordance with the procedure established by the legislation of the Russian Federation;

5) the amount of payments by the taxpayer under contracts of voluntary personal insurance of employees, concluded for a period of at least one year, providing for the payment by insurers of medical expenses of these insured persons;

6) the amounts of payments by the taxpayer under contracts of voluntary personal insurance of employees, concluded solely in the event of the death of the insured person or the loss of the insured person's ability to work in connection with the performance of his labor duties;

7) amounts of material assistance paid to individuals from budgetary sources by organizations financed from budgetary funds, not exceeding 3 thousand rubles. per individual for the tax period, etc.

The tax period for the unified social tax is a calendar year. Reporting periods - the first quarter, six months and nine months of the calendar year. The Tax Code of the Russian Federation establishes a regressive scale of tax rates for the UST - that is, the amount of tax payable decreases as the amount of taxable payments increases.

In accordance with the provisions of Ch. 24 of the Tax Code of the Russian Federation, various ministries and departments of the Russian Federation, as well as certain categories of persons (organizations of any organizational and legal forms - from amounts of payments and other remunerations not exceeding 100 thousand rubles during the tax period for each individual who is disabled person of I, II or III groups, etc.).

59. Imposition of corporate property tax on credit institutions

Corporate property tax is regional and is obligatory for payment in the territory of the corresponding subject of the Russian Federation.

Corporate property tax payers, among others, are Russian banks and other credit institutions and foreign credit institutions operating in the Russian Federation through permanent representative offices and (or) owning real estate in the territory of the Russian Federation.

The objects of taxation are:

1) for Russian credit institutions - movable and immovable property recorded on the balance sheet as fixed assets;

2) for foreign credit institutions operating in the Russian Federation through permanent representative offices - movable and immovable property related to fixed assets, for other foreign organizations - real estate located on the territory of the Russian Federation, owned by them. Land plots and other objects of natural resources are not subject to taxation.

The tax base is defined as the average annual value of property recognized as an object of taxation. This takes into account its residual value, formed in accordance with the accounting procedure approved in the accounting policy of the organization. If depreciation is not provided for individual items of fixed assets, the value of the items for tax purposes is determined as the difference between their initial cost and the amount of depreciation calculated according to the depreciation rates for accounting purposes at the end of each tax period. The tax base for real estate objects of foreign organizations is the inventory value of objects according to the data of technical inventory bodies.

tax period the calendar year is recognized, and the first quarter, six months and nine months of the calendar year are recognized as reporting periods.

Tax rates are established by the laws of the constituent entities of the Russian Federation, however, the maximum rate for corporate property tax is 2,2%.

The procedure for calculating the amount of tax and the amounts of advance payments is as follows:

1) the amount of tax is calculated based on the results of the tax period as the product of the relevant tax rate and the tax base determined for the tax period;

2) the amount payable to the budget at the end of the tax period is determined as the difference between the tax amount and the amounts of advance tax payments calculated during the tax period;

3) the amount of tax payable to the budget is calculated separately in respect of property subject to taxation at the location of the organization, in respect of the property of each separate subdivision of the organization that has a separate balance sheet, in respect of each immovable property located outside the location of the organization, separate subdivision of the organization having a separate balance sheet, or a permanent establishment of a foreign organization, as well as in respect of property taxed at different tax rates;

4) the amount of the advance tax payment is calculated based on the results of each reporting period in the amount of 1/4 of the product of the relevant tax rate and the average value of the property determined for the reporting period;

5) the amount of the advance tax payment in respect of immovable property of foreign organizations is calculated after the expiration of the reporting period as 1/4 of the inventory value of the immovable property as of January 1 of the year that is the tax period, multiplied by the appropriate tax rate.

60. Taxation of credit organizations with VAT

VAT is a federal indirect tax. Taxpayers of value added tax are organizations, individual entrepreneurs and persons recognized as taxpayers of value added tax in connection with the movement of goods across the customs border of the Russian Federation, determined in accordance with the Labor Code of the Russian Federation.

Foreign organizations are registered with the tax authorities as taxpayers at the location of their permanent representative offices in the Russian Federation. Registration is carried out on the basis of a written application of a foreign organization.

The objects of VAT taxation are:

1) the sale of goods, works (services) on the territory of the Russian Federation, including the sale of pledged items and the transfer of goods (the results of work performed, the provision of services) under an agreement on the provision of compensation or innovation; transfer on the territory of the Russian Federation of goods (performance of work, provision of services) for own needs, the costs of which are not deductible (including through depreciation) when calculating corporate income tax;

2) performance of construction and installation works for own consumption;

3) importation of goods into the customs territory of the Russian Federation.

At the same time, for the purposes of VAT taxation, the seizure of property by confiscation is not recognized as the sale of goods (works, services); transactions related to currency circulation; investment operations, etc.

The tax base for the sale of goods (works, services) is determined by the taxpayer depending on the specifics of the sale of goods (works, services) produced by him or acquired on the side.

In cases where the sale (transfer, performance, provision for own needs) of goods (works, services) by taxpayers apply different tax rates, the tax base is determined separately for each type of goods (works, services) taxed at different rates. With the same tax rates, the tax base is determined in total for all types of transactions taxed at this rate.

VAT tax period - calendar month. But if a taxpayer's monthly proceeds from the sale of goods (works, services) excluding VAT does not exceed one million rubles during a quarter, the tax period for him is a quarter.

Differentiated tax rates are provided for value added tax:

1) a preferential tax rate of 0% (services for the carriage of passengers and baggage, provided that the point of departure or destination of passengers and baggage is located outside the territory of the Russian Federation, when registering transportation on the basis of unified international transportation documents, etc.);

2) 10% - used in the sale of a wide range of food products, goods for children, medical products of domestic and foreign production;

3) 18% - applied in other cases.

In addition, tax rates are used, defined as the percentage of the tax rate (10, 18%) to the tax base, taken as 100 and increased by the corresponding tax rate. They are used when receiving funds related to payment for goods (works, services) - for example, advance or other payments; withholding tax by tax agents; sale of property acquired on the side and accounted for with tax; sales of agricultural products and products of its processing.

The amount of value added tax payable is calculated as a percentage of the tax base corresponding to the tax rate.

As a general rule, tax is paid at the end of each tax period no later than the 20th day of the month following the expired tax period.

Author: Belousov D.S.

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