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concept and system of principles of financial activity Bank of Russia

Principles of financial activity of the Central Bank of the Russian Federation reflect development of the bank legislation, complication of processes of formation and the subsequent realisation of a monetary and credit policy, questions of adequacy of state regulation by the state of bank activity to modern social and economic and politiko-legal realities that testifies to necessity doktrinalnogo judgements of activity of the authorised subjects about quality of realisation publichnopravovogo the status. It is impossible without research of intrinsic characteristics of the legal phenomena.

M.I.Bajtin understands as right principles «initial, defining ideas, positions, installations which constitute a moral and organizational basis of occurrence, developments and right functioning» 1. S.S.Alexey underlines directing value of principles of the right in development and functioning of legal systems as special link of structure of the right penetrating the maintenance of the right at all levels of its construction, all elements of legal system [67 [68]. N.I.Himicheva considers, that the Russian right as a whole, as well as its separate branches, including the financial right, is formed and develops according to certain principles, i.e. the basic beginnings, rules and the requirements expressing its most essential features [69].

Taking into consideration the stated conclusions, and also earlier given characteristic of financial activity of the Central Bank of the Russian Federation and it financially-legal status, under principles of financial activity of the Central Bank of the Russian Federation probably to understand the basic beginnings of financially-legal regulation of financial activity of the Central Bank of the Russian Federation as independent public institute (legal person of the public law).

O.N.Gorbunovoj's offer on Federal act acceptance «About the finance» as doktrinalnogo the law fixing the general principles of functioning of a financial system and its each institute separately is still actual. The offer of the author on fastening in special articles of the Special part of the specified Law of the principles underlying the extensive financial legislation which should promote its further system development is worthy and provide system of straight lines and feedback in financial activity государства1.

It is necessary to agree with E.D.Sokolovoj's opinion that problems of the further working out both branch, and specially branch principles of the financial right, continue to keep the urgency for a science of the financial right and have not only theoretical value, but also experts in the field of the finance [70 [71] are important for perfection pravotvorcheskoj and pravoprimenitelnoj.

Realisation of the specified offer would promote also to streamlining of legal regulation of bank activity from system positions, to revealing of a role of the Central Bank of the Russian Federation as legal person of the public law in development of bank and financial systems of the country, considering, that financial activity of the Central Bank of the Russian Federation carries sistemoobrazujushchy character as for bank system, and since September, 1st, 2013 and for other links of a financial system.

Materials of the International scientifically-practical conference «Principles of the financial right» which has passed on the basis of National university «Legal academy of Ukraine Yaroslav Mudrogo's of name» in April, 2012 In an opening address of the rector of National university «Legal academy of Ukraine Yaroslav Mudrogo's of name» are worthy, the president of National academy of legal sciences of Ukraine, academician NAN of Ukraine V.J.Tatsija special value of theoretical judgement of basic principles on which financially-legal regulation as occurring transformations cause necessity of formation adequate to a modern level of development of the state and a system society finansovopravovogo the regulations is based, promoting achievement of the purposes of the legal social state, its strengthening modern financial системы1 is underlined.

S.V.Zapolsky believes, that a question on system and structure of principles of the financial right - one of the major for definition of a place of this branch of law in structure of the national law of any country [72 [73]. The author pays attention that budgetary federalism, a tax method of collection of state incomes, privatisation of bank crediting, currency liberalisation, judicial protection of the financial rights and legitimate interests - these and other short stories of the financial mechanism have entailed essential updating of system of principles of the financial right [74 [75].

N.I.Himicheva fairly notices, that in principles of the financial right are reflected and legal principles of the general character (justice, humanism, democracy, a belief and compulsion combination, etc.) on which basis its principles podotraslej and institutes with a corresponding concrete definition operate are concretised.

Considering results of transition to market economy, N.I.Himicheva suggests to add the list of principles of the financial right with a principle of provision of economic incentives of activity in financial сфере1.

O.N.Gorbunova notices, that, first of all, a basis of the financial right the principle of a priority of representative bodies before government executive powers, allocating thus as main principles of financial activity and the financial right constitutes a federalism principle, a principle of legality and a principle of planned character [76 [77].

L.K.Voronova, believing, that the initial beginnings of financial activity fixed in rules of law, also will be principles of the financial right, asks a question: whether «It is possible, being based on principles of the financial right as branches of law to define basic principles for institutes of the financial right?» Also formulates a conclusion that each financially-legal institute is allocated by the principles, submission which is obligatory [78].

Principles of the financial right find development in principles podotraslej and institutes of the financial right, including such podotrasli, as the bank right (its financially-legal aspects). S.V.Pyhtin among principles of the bank right allocates principles of the organisation of bank system and principles of realisation of bank activity. It carries the following to principles of the organisation of bank system: a principle dvuhurovnego constructions of bank system; a principle of the uniform (centralising) beginning; a principle of a monopoly of issue of bank notes Bank of Russia. Among principles of realisation of bank activity the scientist allocates following principles: a principle of regulation of bank activity only federal normative acts; a principle of exclusiveness of bank activity; a principle of maintenance of bank secret; a principle of obligatory identification of clients and выгодоприобретателей1.

Among principles of activity of the Central bank of the Russian Federation from konstitutsionno-legal positions the general principles and principles special are allocated. To the general principles are carried: federalism; a priority of the rights and personal freedoms; the state integrity; the state sovereignty; division and isolation of the state bodies; leadership of the Constitution of the Russian Federation and the law. As special following principles are allocated: vertical management of system of the Central bank of the Russian Federation; interaction and the adjusted cooperation; non-interference of public authorities, subjects of the Russian Federation and local governments to activity of the Central bank of the Russian Federation; independence [79 [80].

Unlike consideration of the bank right (it finansovopravovyh aspects) as podotrasli the financial right in a science of the financial right the opinion on allocation of institute of financially-legal regulation of bank activity with its inclusion in the right of emission as podotrasli the financial right [81] is expressed. Represents scientific interest L.L.Arzumanovoj's research of principles of the organisation of cash monetary circulation as institute of the right of emission [82]. Scientific-theoretical and practical value has studying of principles of the monetary right, undertaken Century N. Назаровым1, which believes important creation by a science of the financial right of theoretical bases of financially-legal regulation of monetary system on the basis of formation of the monetary right as section (podotrasli) the Special part of the financial right consolidating norms of three institutes of the financial right, regulating national currency of the state, a legal regime of foreign currencies (currency regulation and exchange control) and activity of banks as important link of national payment system and emitters of non-cash money [83 [84]. The author underlines, that on a target orientation it is a question of the same subject of scientific research which K.S.Belsky names the right of emission [85], and N.M.Artyomov — the right of monetary circulation [86]. It is necessary to notice, that financial activity of the Central bank of the Russian Federation carries sistemoobrazujushchy character for the granted structural elements of the financial right.

According to E.J.Grachevoj and E.G.Homenko, bank legal relations are the relations settled by norms of the bank right which one party can be legal or the physical person, and as other party always acts or the credit organisation, or Bank of Russia [87]. N.I.Himichevoj and E.V.while's consideration chalovoj principles of the Russian financial right as basic principles of bank activity [88] Is represented perspective.

According to M.I.Bajtina, in jurisprudence there was a division of principles of the right into the general (obshchepravovye), interbranch and отраслевые1. Taking into consideration action obshchepravovyh, interbranch (the constitutional, administrative, financial right) and branch (the financial right) principles with reference to financial activity of the Central bank of the Russian Federation is obviously possible to designate following positions taking into account such criterion, as a field of activity.

Obshchesistemnym a principle of financial activity of the Central bank of the Russian Federation is the principle of federal level of its fastening financially-legal status and strictly centralised construction of system.

To kompetentsionnym to principles of financial activity of the Central bank of the Russian Federation concern: an interrelation and interconditionality principle tselepolaganija concerning financial activity of the Central bank of the Russian Federation; a combination principle normotvorcheskoj and pravoprimenitelnoj activity, kontrolnonadzornyh functions in financial activity of the Central bank of the Russian Federation.

And development of economic function of the state it is necessary to carry principles to principles of interrelation of financial activity of the Central bank of the Russian Federation transparentnosti and responsibility of the Central bank of the Russian Federation for made decisions in sphere of financial activity.

The offered classification of principles of financial activity of the Central bank of the Russian Federation reflects special principles of financial activity the states offered by E.D.Sokolovoj to which are carried: unity of the purpose of realisation, as much as possible admissible transparency, the strict account and productivity. [89 [90]

Probably and other allocation of principles of financial activity of the Central bank of the Russian Federation - depending on the functional approach.

It is obviously possible to carry to principles of financial activity of the Central bank of the Russian Federation:

Independence of the Central bank of the Russian Federation;

The accountability of the Central bank of the Russian Federation;

Non-interference to activity of the Central bank of the Russian Federation;

The centralised construction of system of the Central bank of the Russian Federation;

Collective nature and one-man management combination in management of the Central bank of the Russian Federation;

Compulsion of normative acts of the Central bank of the Russian Federation;

Protection by the Central bank of the Russian Federation of the rights of subjects of financial legal relations in the field of financial activity;

Financial safety in maintenance of financial activity of the Central bank of the Russian Federation.

The listed principles of financial activity of the Central bank of the Russian Federation vzaimoobuslovleny also are interdependent. One of basic principles is the principle of independence of the Central bank of the Russian Federation. From positions of the theory of controls and counterbalances receives development a principle of the accountability of the Central bank of the Russian Federation that demands an optimum combination and a parity, balance of legal fastening and realisation of principles of independence and the accountability in financial activity of the Central bank of the Russian Federation. Principles of independence and the accountability of the Central bank of the Russian Federation can be characterised as base principles of financial activity of the Central bank Russian

Federations. They determine a principle of non-interference of federal public authorities, public authorities of subjects of the Russian Federation and local governments in activity of the Central bank of the Russian Federation that is refraction of a principle of federalism with reference to financial activity of the Central bank of the Russian Federation.

Quality of realisation of Financially-legal status central bank of the Russian Federation inseparably linked with efficiency of construction of a control system that finds expression basically the centralised construction of system of the Central bank of the Russian Federation and a principle of a combination of collective nature and one-man management in management of the Central bank of the Russian Federation.

The principle of compulsion of normative acts of the Central bank of the Russian Federation is expression of state-imperious character of the status of the Central bank of the Russian Federation.

Political, social value has a principle of protection of subjects of financial legal relations in the field of financial activity by the Central bank of the Russian Federation and a principle of financial safety in maintenance of financial activity of the Central bank of the Russian Federation.

Hence, the system of principles of financial activity of the Central bank of the Russian Federation can be presented the following classification.

Base principles: a principle of independence of the Central bank of the Russian Federation and a principle of the accountability of the Central bank of the Russian Federation. As a part of a principle of independence of the Central bank of the Russian Federation there are federal and regional aspects of the financial right in the form of a special principle of realisation of the competence of the Central bank of the Russian Federation - a principle of non-interference to activity of the Central bank of the Russian Federation.

Organizational-functional principles: a principle of the centralised construction of system of the Central bank of the Russian Federation and a principle of a combination of collective nature and one-man management in management of the Central bank of the Russian Federation.

Status principle - a principle of compulsion of normative acts of the Central bank of the Russian Federation.

Socially significant principles: a protection principle the Central bank of the Russian Federation of the rights of subjects of financial legal relations in the field of financial activity and a principle of financial safety in maintenance of financial activity of the Central bank of the Russian Federation.

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A source: Zemtsov Andrey Sergeevich. PRINCIPLES of FINANCIAL ACTIVITY of the CENTRAL BANK of the RUSSIAN FEDERATION (FINANCIALLY-LEGAL ASPECTS). The dissertation On competition of a scientific degree of the master of laws Saratov - 2014. 2014

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