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§ 2. Concept and kinds of normative acts of the Central bank of the Russian Federation

As legal registration the modern two-level bank system which is meeting the requirements of market economy was already marked, has received on December, 2nd, 1990 with acceptance of Laws of RSFSR «About the Central bank

RSFSR (Bank of Russia) "and" About banks and bank activity ».

The Legal status of the Central bank of RSFSR as the main bank of the country which are in the property of RSFSR, has been concretised in the Charter of the Central bank of RSFSR (Bank of Russia), the Presidium of the Supreme body of RSFSR approved by the decision from June, 24th, 1991 № 1483-1 [465].

In the Charter function of Bank of Russia, directed on maintenance of achievement of the purposes and the decision of the problems facing to the main bank of the country on regulation of bank activity, monetary and credit policy carrying out has been fixed normotvorcheskaja. In article 34 of the Charter to Bank of Russia has been accorded to publish a right obligatory for banks and their clientele normative acts concerning monetary circulation, crediting, financings, calculations, cash operations, the account and the reporting and on other questions of the bank activity, not settled legislation operating in territory of RSFSR.

The realisation mechanism normotvorcheskoj functions of Bank of Russia has been provided by the Order of Bank of Russia «About the statement of an order of the edition and publication of normative acts of Bank of Russia and rules of the account of normative acts in Bank of Russia» from December, 1st, 1992, the Order of Bank of Russia from January, 14th, 1993 with additions and changes from January, 12th, 1995 (the Order № 02

4) [466] and Instructions of Bank of Russia «About a procedure for registration of standard documents in Bank of Russia» from May, 16th, 1994

Development of market reforms has demanded perfection of the bank legislation. Normotvorchesky function of Bank of Russia is strengthened new FZ «About the Central bank of the Russian Federation» from July, 10th, 2002 № 86-FZ. According to item 7 of the specified law the Bank of Russia on the questions carried to its competence by the specified federal act and other federal acts, publishes in the form of instructions, positions and instructions, normative acts obligatory for federal public authorities, bodies go -

sudarstvennoj the authorities of subjects of the Russian Federation and local governments, physical and legal bodies.

The standard legal act is understood as the written diploma, accepted (published) in the certain form pravotvorcheskim body within its competence and directed on an establishment, change or cancellation of rules of law. Normative acts of Bank of Russia carry out a positive role of a regulator of public relations with a view of protection and maintenance of stability of rouble, including its consumer ability and a course in relation to foreign currencies, developments and strengthenings of bank system of the Russian Federation, maintenance of effective and uninterrupted functioning of system of calculations.

РІормативньїми Certificates of Bank of Russia are certificates of Bank Russia directed on an establishment, change or cancellation of rules of law as constant or time instructions, obligatory for a circle of persons, defined by the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» and Position «About an order of preparation and coming into force of normative acts of Bank of Russia», calculated on numerous application in territory of the Russian Federation.

Thus, if the certificate of Bank of Russia contains one or more rules of law it concerns normative acts of Bank of Russia.

Normative acts of Bank of Russia are accepted on the questions carried to the competence of Bank of Russia, the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» and other federal acts.

Are not normative acts of Bank of Russia following certificates of Bank of Russia: administrative certificates; certificates of interpretation of normative acts of Bank of Russia and (or) other standard legal acts of the Russian Federation in sphere of the competence of Bank of Russia if the competence on interpretation of the specified [467 [468] standard legal acts is directly given Bank of Russia; the certificates containing exclusively technical formats and other technical requirements; other certificates which are not answering to resulted signs of the normative act of Bank of Russia.

Conditionally Bank Rossi normative acts can be divided into following groups:

- The normative acts regulating directly organizational activity of Bank of Russia, including which acceptance it is provided by federal acts. The given certificates, as a rule, are addressed structural divisions of Bank of Russia. For example, Position of Bank of Russia from September, 15th, 1997 № 519 «About an order of preparation and coming into force of normative acts of Bank of Russia», the letter of the Central Bank of the Russian Federation from August, 6th, 2002 №109-Т «About the state registration of normative acts of Bank of Russia in Ministry of Justice of Russia» [469 [470] [471], Position about Committee of bank supervision of Bank of Russia, utv. The decision of Board of directors of Bank of Russia on August, 10th, 2004 (red. 21.01.2005), the report № 21 [472] [473] [474].

- The normative acts regulating the relations in which the Bank of Russia acts as body of bank regulation and supervision of the credit organisations: it is registration of credit institutions, licensing, an establishment of specifications of realisation of bank activity, a response lycées - zii and liquidation of the credit organisations. The bank of Russia accepts following normative acts: the Instruction from December, 1st, 2003 (red. 13.01.2005) №

108 «About the organisation of inspection activity of the Central bank of the Russian Federation (Bank of Russia)»; Instructions from July, 25th, 2003 № 1311 «About an order of a response at the credit organisation of the licence for realisation of bank operations at an establishment of essential insufficiency of accounting data» [475 [476]; the Instruction from August, 25th, 2003 (red. 13.01.2005) № 105 «About an order of carrying out of checks of the credit organisations (their branches) the authorised representatives of the Central bank of the Russian Federation»; Instructions of Bank of Russia from January, 13th, 2005 № 1542 «About features of carrying out of checks of banks with participation of employees of the state corporation« Agency on insurance of contributions »» [477]; the letter from February, 28th, 1997 (red. 16.01.2004) № 419 «About measures on strengthening of supervision of activity of the credit organisations» [478 [479]; the instruction № 65 from September, 11th, 1997 (red. 16.10.2004) «About a procedure of supervision of the banks having branches»; Position from April, 02nd, 1996 (red. 19.08.2003) № 264 «About licence withdrawal on realisation of bank operations at the credit organisations in the Russian Federation» [480], etc.

In this group it is possible to carry also the legal acts regulating the forms, an order and conditions of refinancing by Bank of Russia of the credit organisations (item 40 [481]), an establishment of rules of storage, transportation and collection of cash for the credit organisations (item 34).

- Normative acts of Bank Russia regulating public relations according to one of the basic functions, fixed in the Law on Bank of Russia - in interaction with the Government of the Russian Federation working out and carrying out of a uniform state credit policy. Here it is possible to carry: the statement of the Government of the Russian Federation and the Central Bank of the Russian Federation from April, 5th, 2005 «About strategy of development of bank sector of the Russian Federation for the period till 2008» [482 [483] [484] [485]. The given normative acts sum up work of the credit organisations for the last year and establish the purposes and problems the next year, representing a reference point for development of the credit organisations.

- The normative acts regulating "internal" activity of the credit organisations. These normative acts, considering specificity of bank activity, establish economic specifications bank deja -

TZ -

telnosti, an order of internal document circulation, book keeping and the reporting, the size and rules of formation of the charter capital, a technique of an estimation of actives and passives with a view of definition of the size of own means (capital) of the credit organisation (item 72 [486]); an order and features of issue of the securities which are let out by the credit organisations, their turn and other aspects of activity of the credit organisation. For example, Position «About obligatory reserves of the credit organisations» [487]; a communique from June, 2nd, 2003 «About transition of bank sector of the Russian Federation to the international standards of the fiscal accounting» [488]; the Bank of Russia even gives recommendations about the information maintenance and the organisation of web-sites of the credit organisations (the letter from 07.05.03г. № 370).

- The normative acts directly regulating bank activity. As a rule, legal acts of this category are intended not only for the credit organisations, and their clients, but also others legal and physical persons. By bank of Russia are accepted: position «About clearing settlements in the Russian Federation» [489]; instructions «About an order of registration of a card with samples of signatures and an impress of a seal» [490]; Position «About a procedure of clearing settlements physical persons in the Russian Federation» [491]; Position «About a reception and execution order the credit organisations, divisions of a settlement network of Bank of Russia of the court orders shown vzyskateljami - physical persons» [492]; the Telegram from June, 11th, 2004 №1443-У «About the interest rate of refinancing established since June, 15th 2004г.» Establishing the size of the discount rate applied, including, for calculation of percent in contractual relations and according to norms GK the Russian Federation [493]. The edition of the certificates regulating is provided also: a procedure of calculations with the international organisations, the foreign states, and also with legal and physical persons (item 4 item 13) [494]; rules of carrying out of bank operations (item 4 item 5, item 18 item 16), an order and realisation conditions currency stock exchanges of activity on the organisation of carrying out of operations on purchase and foreign currency sale (item 4 item 17); courses of foreign currencies in relation to rouble; change of interest rates; direct quantitative restrictions; an order of maintenance of functioning of system of Bank Russia (article 7); definition of an order of conducting cash operations (item 34 [495]); conditions of the admission of the foreign capital in bank system of the Russian Federation (item 18 item 14) [496].

The specified questions on which normative acts of Bank of Russia according to the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» obviously should be accepted are allocated by us depending on instructions of functions of Bank of Russia and an order of their realisation, powers of National bank board as body of Bank of Russia and Board of directors of Bank of Russia as collegiate body of management of Bank of Russia, organisation of system of Bank of Russia.

Having analysed in the Federal act «About banks and bank activity» it is possible to define the list of the questions fixed in it on which the edition of normative acts of Bank of Russia is required. Questions are carried to them:

- About admissible combinations of bank operations for not bank credit organisations (item 1 [497]);

- Notification procedure of Bank of Russia about formation of bank group, bank holding (item 4 [498]);

- About the form, an order and terms of the publication the head credit organisation of bank group, parent organisation of bank holding (operating company of bank holding) consolidated accounting reports and consolidated reports on profits and losses (item 8 [499]);

- Order and criteria of financial rating of founders (participants) of the credit organisation (ch. 5 items Il) [500];

- The list of data and the documents necessary for realisation of the state registration of the credit organisation in connection with its liquidation or the credit organisation, created by reorganisation, and an order of their representation (ch, 1 item 23) [501], etc.

In the Federal act «About banks and bank activity» questions on which normative acts of Bank the Russia which have received also fastening in the Federal act «About the Central bank of the Russian Federation (Bank of Russia» come under to acceptance) are mentioned, that allows to speak about the system approach of the legislator to a regulation of the given relations. Such questions in the Federal act «About banks and bank activity» concern: an order of reception of the consent of Bank of Russia on acquisition more than 20 percent of actions (shares) of the credit organisation and a notification procedure of Bank of Russia about acquisition more than 5 percent of actions (shares) of the credit organisation (ch. 8 items 11); Qualifying requirements to candidates on a post of members of board of directors (supervisory board), the head of the credit organisation, the chief accountant, assistants to the chief accountant of the credit organisation, and also on a post of the head, deputy heads, the chief accountant, assistants to the chief accountant of branch of the credit organisation (item 11.1 and 16); data on candidates on a post of members of board of directors (supervisory board), the head of the credit organisation, the chief accountant, assistants to the chief accountant of the credit organisation, and also on a post of the head, deputy heads, the chief accountant, assistants to the chief accountant of branch of the credit organisation, specified by them with own hand in questionnaires (item 14); Order of interaction of Bank of Russia with the authorised registering body on in - itself the state registration of the credit organisations in coordination with the authorised registering body (ch. 2 items 12); an order of conducting the Book of the state registration of the credit organisations (ch. 3 items 12); an order of delivery of the credit organisation of the licence for realisation of bank operations (ch. 6 items 12); additional requirements to the credit organisations with foreign investments and to branches of foreign banks concerning obligatory specifications, an order of representation of the reporting, the statement of structure of a management and the list of carried out bank operations, the minimum size of the charter capital of again registered credit organisations with foreign investments and the minimum size of the capital of again registered branches of foreign banks (ch. 7 items 18); an order of deposition of obligatory reserves (ch. 1 items 25); Order of opening, conducting and closing by bank of accounts of clients in roubles and a foreign currency (item 30); rules of conducting book keeping, representation of the financial and statistical reporting, drawing up of annual reports by the credit organisations (item 40).

Thus, from 29 mentions of normative acts of Bank of Russia in the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» korrespondirujut with them in the Federal act «About banks and bank activity» 11 mentions that allows to speak about skoordinirovannosti actions of subjects of bank activity: to the right of Bank of Russia to carry out normotvorchestvo on those or other questions korrespondirujut norms about duties of the credit organisations to observe the Russia established by Bank rules. Besides concrete specifications of the legislator about the correspondence of the right of Bank of Russia on normotvorchestvo and duties of the credit organisation on observance established the Bank of Russia of rules of law, does not cancel the general rule about compulsion of normative acts of Bank of Russia.

Normative acts of Bank of Russia regulate the public relations connected with an inconsistency (bankruptcy) of the credit organisations, in cases provided by the Federal act «About an inconsistency (bankruptcy) of the credit organisations» [502]. We will analyse features of the given formulation in comparison with already considered positions of other federal acts about normotvorcheskoj functions of Bank of Russia. If in Federal act item 2 «About banks and bank activity» position that along with federal acts bank activity is regulated by normative acts of Bank of Russia is fixed; and in Federal act item 7 «About the Central bank of the Russian Federation (Bank of Russia)» it is established, that normative acts of Bank of Russia are accepted on the questions carried to the competence of Bank of Russia; That in the Federal act «About an inconsistency (bankruptcy) of the credit organisations» normative acts of Bank of Russia on regulation of the relations connected with an inconsistency (bankruptcy) of the credit organisations, can be published only in the cases provided by the specified federal act.

Other formulation is used by the legislator at approach definition to regulation of the relations connected with realisation of measures under the prevention of an inconsistency (bankruptcy) of the credit organisations. It is established, that the relations connected with realisation of measures under the prevention of an inconsistency (bankruptcy) of the credit organisations, not settled FZ «About an inconsistency (bankruptcy) of the credit organisations», are regulated by other federal acts and normative acts of the Central bank of the Russian Federation accepted according to them.

From the given position it is possible to draw a conclusion, that to the relations connected with realisation of measures under the prevention of an inconsistency (bankruptcy) of the credit organisations, are applied as other federal acts: FZ «About the Central bank of the Russian Federation» (Bank of Russia), FZ «About banks and bank activity», in particular norms about powers of Bank of Russia in the field of bank supervision and duties of the credit organisations on maintenance of financial reliability.

Other conclusion which follows from position of item 2 of item 1 FZ «About an inconsistency (bankruptcy) of the credit organisations», consists that normative acts of Bank of Russia to the relations connected with realisation of measures under the prevention of an inconsistency (bankruptcy) of the credit organisations, are applied according to federal acts «About the Central bank of the Russian Federation (Bank of Russia)» and «About banks and bank activity» («... Accepted according to them...», that is other federal acts).

Besides the given position of a general plan about normotvorcheskoj functions of Bank of Russia to the relations connected with realisation of measures under the prevention of an inconsistency (bankruptcy) of the credit organisations, in the Federal act «About an inconsistency (bankruptcy) of" the credit organisations »are available special mentions of those or other normative acts of Bank of Russia on regulation of the relations connected with realisation of measures under the prevention of an inconsistency (bankruptcy) of the credit organisations. These are following special positions: an order of use by creditors of the credit organisation of money resources on bank accounts and in contributions to the credit organisation for increase in the charter capital of the credit organisation within the limits of rendering of the financial help of the credit organisation by its founders (participants) and other persons as measures on financial improvement of the credit organisation which are a measure under the prevention of bankruptcy of the credit organisations (item 8); The form of the plan of measures on financial improvement of the credit organisation (item 13); an order of appointment as Bank of Russia of an acting administration as special controls of the credit organisation within the limits of measures under the prevention of bankruptcy of the credit organisations (item 16 item 1); about acting administration activity (item 16 item 2); an order of the report of an acting administration before Bank of Russia (item 30); an order of reorganisation of the credit organisation in the form of merge or joining

As

Measures under the prevention of bankruptcy of the credit organisations (item 32 [503 [504] [505]); requirements to stability of the credit organisations arising at merge of the credit organisations (item 33).

Proceeding from the considered positions of federal acts «About the Central bank of the Russian Federation (Bank of Russia)» and «About banks and bank activity», despite mentions in them about concrete questions on which normative acts of Bank of Russia are published, normative acts of Bank of Russia can be published and on other questions if it, certainly, is carried to the competence of Bank of Russia. This rule does not operate with reference to regulation of the relations connected with an inconsistency (bankruptcy) of the credit organisations when as it was already marked, normative acts of Bank of Russia are accepted only in the cases provided FZ «About an inconsistency (bankruptcy) of the credit organisations».

In the Federal act «About counteraction to legalisation (washing up) of the incomes received criminal by, and terrorism financing» the right of Bank of Russia to establish concerning the credit organisations is fixed: an order of representation of the information in the authorised body (item 7 item 7); recommendations for the credit organisations on working out of rules of the internal

CQ

The control (item 7 item 2).

The central bank of the Russian Federation occupies the major position and in system of bodies of currency regulation and exchange control, since the period of formation of market economy according to the Law of the Russian Federation from October, 9th, 1992 № 3615 «On currency regulation and exchange control» (red. 10.12.2003) [506], and strengthening these positions [507].

According to item 5 of the Federal act from December, 10th, 2003 № 173 FZ «On currency regulation and exchange control» * [508] Central bank of the Russian Federation is body of currency regulation. For realisation of the functions provided by the specified law, the Central bank of the Russian Federation publishes within the competence certificates of bodies of currency regulation, obligatory for residents and non-residents. C positions normotvorcheskoj function and the law and order in sphere of currency legal relations important, that the principle of compulsion of certificates of bodies of currency regulation is fixed.

According to paragraph 2 ch. 1 items 4 FZ «On currency regulation and exchange control» bodies of currency regulation publish standard legal acts concerning currency regulation only in the cases provided by the considered Federal act. Thus it is necessary to pay attention to that circumstance, that the currency legislation is defined as consisting their Federal act «On currency regulation and exchange control» and other federal acts accepted according to it.

Let's underline, that standard legal acts of bodies of the currency regulation, named certificates of currency regulation, from the stated legislative norm cannot be published according to other federal acts. Certificates of currency regulation are published by bodies of currency regulation, and, hence, Bank of Russia as body of currency regulation, only according to FZ «On currency regulation and exchange control».

A little the question with the edition of certificates of exchange control differently is settled. In paragraph 1 ch. 5 items 4 FZ «On currency regulation and exchange control» are fixed, that exchange control bodies can publish exchange control certificates on the questions carried to their competence (further — exchange control certificates), only in cases and the limits provided by the currency legislation of the Russian Federation and certificates of bodies of currency regulation. According to ch. 1 item 4 the currency legislation of the Russian Federation consists from FZ «On currency regulation and exchange control» and the federal acts accepted according to it. Proceeding from the resulted legislative definition of certificates of the currency legislation, follows, that exchange control certificates, including certificates of Bank of Russia as exchange control body, can be published as according to FZ «On currency regulation and exchange control», and according to other federal acts published according to FZ «On currency regulation and exchange control».

From the stated it is necessary to draw a conclusion, that exchange control certificates have wider legislative base, rather than certificates of bodies of currency regulation. It is thought, that the given approach has certain substantiations. And if currency regulation can be defined as a strategic direction of activity of the Policy of Law of the state from these positions all questions demanding the edition of certificates of currency regulation are more expedient for concentrating in one federal act, as it is made by the legislator. Exchange control the subordinate in relation to currency regulation carries character and it can be considered as a tactical direction of the Policy of Law of the state.

As tactics of legal regulation of public relations in currency sphere can be concentrated not only in FZ «On currency regulation and exchange control», but also is concretised in other federal acts accepted according to FZ «On currency regulation and exchange control» definition of a legislative basis of certificates of exchange control as published according to FZ «On currency regulation and exchange control» and other federal acts, but also accepted according to FZ «On currency regulation and exchange control» is represented admissible.

Thus, the Federal act «On currency regulation and exchange control» is the base basis of certificates of currency regulation and certificates of exchange control with the stated features.

Let's pay attention to that circumstance, that at definition of certificates of exchange control there is no their definition as standard legal acts. It is thought, that exchange control bodies have the right to publish as pravoprimenitelnye certificates, and standard legal acts. The given conclusion follows from following position of paragraph 1 ch. 5 items 4 of the analyzed law: «certificates of bodies of exchange control should not contain the position, currency managements concerning questions». Hence, in our opinion, exchange control certificates can contain the positions, regulations concerning other questions in sphere of currency legal relations.

A.Emelinym expresses opinion that under legislative formulations ch. 5 items 4 of the specified law «exchange control bodies completely are excluded from sphere of regulation of currency relations» [509]. The given conclusion causes objections as in it mixture of concepts of currency management and regulation of currency relations is admitted. However regulation of currency relations cannot be shown only to currency management questions. It is thought, that regulation of currency relations - wider concept. So, one of questions of regulation of currency relations is the regulation of the checks which are carried out by bodies and agents of exchange control. This question is not connected with currency management, but the establishment of rules of carrying out of check is necessary, in this connection the edition of the standard legal act is required, is not excluded - exchange control bodies.

A.Emelin fairly pays attention that in connection with preservation by Bank of Russia of statuses and body of currency regulation and exchange control body, as consequence, it appears practically impossible to define, in what quality the Bank of Russia acted at the edition of this or that normative act [510]. It is represented that, the instructions Bank of Russia in the normative act of that fact can be an exit from similar perusal of a situation, in what quality the given normative act it is published by Bank of Russia.

The federal act «About insurance of contributions of physical persons in banks of the Russian Federation» [511] applies the special approach to definition normotvorchestva Bank of Russia. In item 1 of the specified federal act it is provided, that the relations arising in connection with creation and functioning of system of insurance of contributions, are regulated besides the federal act and other federal acts, also by standard legal acts of the Government of the Russian Federation and normative acts of Bank of Russia, but only in the cases provided by the analyzed federal act.

Let's consider these cases: about an order of participation of employees of Agency on

To insurance of contributions in checks of banks, their rights and duties (podp. 1 items 6 of item 27) [512];

- About structure of the indicators applied to an estimation of financial stability of bank, a technique of their calculation and definition of generalising result on them (item 44 item 5) [513] (the given certificate should be published in «the Bulletin of Bank of Russia»);

- About an order of consideration by Bank of Russia of the petition of bank about removal of the conclusion by Bank of Russia about its conformity to requirements to participation in system of insurance of contributions and statements for the appeal of the negative conclusion (item 45 item 14) [514] (It suggested to publish the given certificate in «the Bulletin of Bank of Russia»);

- About an order of a direction bank in Bank of Russia of the petition for the termination of the right to work with contributions in case of a recognition of bank Bank of Russia to mismatching requirements to participation in system of insurance of contributions as consequences of removal by Bank of Russia of the negative conclusion (item 47 item 3);

- About an order of a direction bank in Bank of Russia of the petition about the terminations of the right to work with contributions in case of a recognition of bank Bank of Russia to mismatching requirements to participation in system of insurance of contributions as consequences of discrepancy of banks which are included in the register of banks, to requirements to participation in system of insurance of contributions (item 48 item 4).

At realisation normotvorchestva Bank of Russia on the questions specified in the law it is necessary to consider the Federal act purposes «About insurance of contributions of physical persons in banks of the Russian Federation», defined in ch. 1 items 1 of the law. Those are protection of the rights and legitimate interests of investors of banks of the Russian Federation, trust strengthening to bank system of the Russian Federation and stimulation of attraction of savings of the population in bank system of the Russian Federation.

The bank of Russia has let out the instructions describing an operating procedure with the Central catalogue of credit histories [515 [516]. According to Federal act item 13 «About credit histories» Bank of Russia the Instructions of Bank of Russia from November, 29th, 2005 № 1635 «About an order of a direction of inquiries and receptions of the information from the Central catalogue of credit histories the subject of credit history and the user of credit history by means of the reference in a bureau of credit histories» are accepted.

The instructions № 1635 are directed on Federal act realisation «About credit histories» and define an order of a direction subjects (users) of credit histories of inquiries in the Central catalogue of credit histories without code use (an additional code) the subject of credit history about representation of the information on a bureau of credit histories in which the credit history of the subject of credit history is stored, and receptions of the information from the Central catalogue of credit histories by means of the reference in

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Bureau of credit histories.

In Instructions № 163 5-У requirements to drawing up by subjects (users) of credit histories of inquiries in the Central catalogue of the credit histories transferred through a bureau of credit histories contain, procedure of identification of subjects (users) of credit histories and its action in case of impossibility of identification of subjects (users) of credit histories, and also in case of absence of the consent of the subject of credit history is described spent by a bureau of credit histories, the operations procedure of the Central catalogue of credit histories is resulted at reception of inquiries of subjects (users) of credit histories, by answer preparation, and also forms of answers of the Central catalogue of credit histories on inquiries of subjects (users) of credit histories are established.

Within the limits of Instructions release № 1635 Bank of Russia continues work on formation of the standard base allowing subjects (users) of credit histories to direct inquiries and to receive the information on a bureau of credit histories in which the credit history of the subject of credit history is stored. Are published and are applied in practical activities Instructions of Bank of Russia from 31.08.2005 № 1610 «About an order of a direction of inquiries and receptions of the information from the Central catalogue of credit histories the subject of credit history and the user of credit history by means of the reference in Representation of Bank of Russia in a network the Internet» and Instructions of Bank of Russia from 31.08.2005 № 1612 «About an order of a direction of inquiries and receptions of the information from the Central catalogue of credit histories the subject of credit history and the user of credit history by means of the reference in the credit organisation». [517]

Normative acts of the Central bank of the Russian Federation can be systematised on functions of Bank of Russia: the organisation of cash monetary circulation, an establishment of rules of realisation of calculations in the Russian Federation, the organisation of system of refinancing of the credit organisations, an establishment of rules of carrying out of bank operations, an establishment of rules of book keeping and the reporting for bank system of the Russian Federation, licensing of bank activity, realisation of supervision of activity of the credit organisations and bank groups, the organisation of currency regulation and exchange control.

Before functional ordering of normative acts of Bank of Russia it is expedient to place the general documents mentioning normotvorchestvo and pravoprimenenie in system of Bank of Russia: Position of Bank of Russia «About an order of preparation and coming into force of normative acts of Bank of Russia», Position of Bank of Russia «About an order of preparation and coming into force of official explanations of Bank of Russia», Position of Bank of Russia «About an establishment the Central bank of the Russian Federation of official rates of foreign currencies to the Russian rouble», Position of Bank of Russia «About territorial establishments of Bank of Russia», Typical position about raschetnokassovom the centre of Bank of Russia.

Normative acts of Bank of Russia are published in following forms: instructions of Bank of Russia; position of Bank of Russia; the instruction of Bank of Russia.

Normative acts are accepted in the form of instructions if their maintenance is the establishment of separate rules on the questions, carried to the competence of Bank of Russia.

Normative acts of Bank of Russia are accepted in the form of instructions on change and addition of the operating normative act of Bank of Russia if contain positions about change of separate positions of the operating normative act of Bank of Russia and (or) about addition of the normative act of Bank of Russia.

Normative acts of Bank of Russia are accepted in the form of instructions on cancellation of the operating normative act of Bank of Russia if they cancel the operating normative act of Bank of Russia as a whole.

Normative acts of Bank of Russia are accepted in the form of positions if their basic maintenance is the establishment is system the rules connected among themselves on the questions carried to the competence of Bank of Russia.

Normative acts of Bank of Russia are accepted in the form of instructions if their basic maintenance is definition of an order of application of positions of federal acts, other standard legal acts concerning the competence of Bank of Russia (including instructions and positions of Bank of Russia).

It is represented expedient to divide normative acts of Bank of Russia on internal and external.

Internal normative acts of Bank of Russia should be directed on the activity organisation in system of Bank of Russia on realisation of legislatively fixed functions, they should have a binding character only for system of Bank of Russia. Internal normative acts of Bank of Russia can be accepted without dependence from a concrete mention in the law, undoubtedly, with observance of rules about the competence.

External normative acts of Bank of Russia mention the subjects who are not entering into system of Bank of Russia, being external in relation to it. External normative acts of Bank of Russia in the long term, in our opinion, should be accepted in the cases directly reserved in the law.

Internal normative acts of Bank of Russia could not be registered in the Ministry of Justice of the Russian Federation, external - should keep a rule about obligatory registration in Ministry of Justice of Russia with observance of the exceptions fixed by the current legislation.

The various order of preparation and coming into force of internal and external normative acts should receive fastening in the normative act. Now is a normative act of Bank of Russia it agree Federal act item 7 «About the Central bank of the Russian Federation (Bank of Russia)». In the long term normotvorcheskaja function of Bank of Russia should receive more concrete fastening in the federal act. General provisions could contain in the Federal act «On standard legal acts» which project long time is discussed, and the concrete definition with reference to normative acts of Bank of Russia could be carried out in the Federal act «About the Central bank of the Russian Federation (Bank of Russia)».

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A source: Pastushenko Elena Nikolaevna. Legal acts of the Central bank of the Russian Federation: financially-legal aspects of the theory. The dissertation on competition of a scientific degree of the doctor of juridical science. Saratov - 2006. 2006

More on topic § 2. Concept and kinds of normative acts of the Central bank of the Russian Federation:

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  9. § 1. Value and criteria of classification of legal acts of the Central bank of the Russian Federation
  10. § 4. Requirements to legal acts of the Central bank of the Russian Federation
  11. § 5. Legal acts of the Central bank of the Russian Federation as sources of the financial right
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  13. CHAPTER 2. LEGAL ACTS AS THE FORM OF REALIZATION OF THE COMPETENCE OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION
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  16. § 1. Concept, signs and legal value of legal certificates of Central bank of the Russian Federation
  17. I. Normative acts, Normative acts of member countries ATES (in Russian and English languages).
  18. §1. Powers of the Central bank of the Russian Federation on regulation of bank activity
  19. § 2. The organisation of clearing settlements in system of functions of the Central bank of the Russian Federation as body of state regulation of bank activity and its legal bases.
  20. the Chapter I | the Place of the Central bank of the Russian Federation in bank system of Russia