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INTRODUCTION

Urgency of a theme of research. The bank system represents the integral element of national economy. Being a link of market relations, it has the big influence both on economic processes in the country, and on society ability to live as a whole.

An indispensable condition of a sustainable development and normal functioning of bank system is the adjusted, objectively reflecting real processes in economy and a society the legal base. In the conditions of market economy the role of the state, laying down law economic activities, including financial, increases, its regulating, supervising and control functions amplify.

The modern two-level bank system meets the requirements of market economy. The first level is presented by the Central bank of the Russian Federation as the main bank of the country, the state body of bank regulation and supervision of activity of the commercial banks rendering bank services as independent legal bodies, representing the second level of bank system.

The central bank of the Russian Federation is not carried by the legislation to one of government branches. However, being the allocated special public status combined with the status private-law, it is the basic subject of management and legal regulation of financial relations in the bank sphere, possessing right to accept legal acts with a view of performance of the functions.

The bank sphere is among the most adjustable the state of economic relations. At III International bank forum «Banks of Russia - the XXI-st century» it has been noticed, that the basic bank laws are already written, now they need to be improved [1]. Certainly, this process cannot pass without active participation of the Central bank of the Russian Federation. The important addition to it is realisation by Bank of the Russia normotvorcheskoj functions. Legal acts of Bank of Russia became a considerable component of system of legal acts of the Russian Federation.

Bases normotvorcheskoj functions of Bank of Russia have legislative fastening. According to item 7 of the Federal act from July, 10th, 2002 № 86-FZ «About the Central bank of the Russian Federation (Bank of Russia)» the Bank of Russia on the questions carried to its competence, publishes normative acts (in the form of instructions, positions, instructions), obligatory for federal public authorities, public authorities of subjects of the Russian Federation and the local governments, all legal and physical persons. Rules of preparation of normative acts of Bank of Russia are established by Bank of Russia independently.

One of main principles of formation and functioning of bank system of the Russian Federation is the principle of adequate legal maintenance. The considerable role in realisation of the given principle belongs normotvorcheskoj to activity of the Central bank of the Russian Federation.

Special value for practical activities of all banks and the credit organisations is represented by legal acts of the Central bank of the Russian Federation which are published by it owing to its competence and within the limits of the purposes of protection and maintenance of stability of rouble, and also development and regulation of bank system of the Russian Federation. The legislation contains a number of basic requirements concerning these certificates which have received in practice unequivocal application and development is far not.

All it has caused an imperative need of definition of concept of legal acts of the Central bank of the Russian Federation which constitute extensive enough list of the subordinate legislation legal acts regulating public relations in bank sphere.

Qualitative legislative activity of regulatory authorities and normotvorcheskaja activity of the Central bank Russian

Federations became an actual problem in aspect of realisation of state regulation in monetary and credit sphere of the Russian Federation.

Investment of Bank of Russia normotvorcheskimi powers is the necessary precondition of effective realisation by it of the functions and operative reaction to changes in market economy conditions. At the same time, requirements of stability of economy and strengthening of guarantees of protection of the rights of a society, citizens and the states do necessary increase of a role of legislative norms of direct action in sphere denezhnokreditnogo regulations. Perfection of interaction of the Central bank of the Russian Federation should occur to federal regulatory authorities on a way of an optimum parity between federal acts and normative acts of Bank of Russia. Pledge of stability of economic development of the country is the combination of legislative regulation of monetary and credit sphere and the control from representative bodies of the power with independence of Bank of Russia in the course of carrying out of a monetary and credit policy and acceptance by bank of the operative decisions demanded by quickly changing conditions of market economy.

Legal regulation in the field of monetary and credit relations is carried out by normative acts of Bank of Russia on a basis and to execute the federal act. Therefore normative acts of Bank of Russia should not substitute the law. In legal regulation of monetary and credit relations the law should have basic value. At the same time research of legal acts of Bank of Russia from system positions, revealing of their place in system of legal acts that will be undertaken in the present research is obviously important.

It is necessary to specify Financially-legal status central bank of the Russian Federation which is established by the Constitution of the Russian Federation, the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» and other federal acts. However in it it is possible to notice uncertainty, contradictions of some norms of the Constitution of the Russian Federation among themselves and positions of the Law on Bank of Russia. Taking into consideration, that the important party of a legal status of Bank of Russia is its financially-legal component, it is represented expedient to consider a legal status of Bank of Russia from positions of the financial right as the body which is carrying out bank regulation, with the account administrativnopravovyh aspects of its administrative activity in monetary and credit sphere. Feature of a legal status of Bank of Russia at realisation pravotvorcheskoj activity is the combination in one person both pravoustanavlivajushchih, and pravoprimenitelnyh functions though limits of its competence at the edition of legal acts regarding adjustable relations are defined by the legislation.

From accepted by Bank of Russia of decisions the destiny not only a society monetary and credit system, but also economy in whole, its interaction with the economic, extending in modern conditions of globalisation frequently depends. The big powers including the law-making, the Russia given to Bank, is a legislative ground for its responsibility before the state for a monetary and credit system condition.

Legal acts of the Central bank of the Russian Federation which are one of the major forms of its activity, posess the important place in state legal system along with other juridical acts. Necessity of an establishment of rules of law directly in the course of activity of Bank of Russia is caused by that laws contain only general provisions which cannot regulate all parties of the public life with due completeness, all relations arising during realisation of laws. By means of legal acts of Bank of Russia are regulated or the most important questions of current activity are directly resolved. In many respects it is caused not only subjection of bank sphere, but also imperfection of the Russian legislative base and blanks in laws that "forces" Bank of Russia to follow a way normotvorcheskoj activity. Let's notice, that for today practically all relations on crediting, calculations, book keeping in banks and even responsibility questions in bank system in a part, not statutory, are regulated at level of normative acts of the Central bank of the Russian Federation.

Now the legal regulation of the status of standard legal acts of the Central bank of the Russian Federation requires radical processing and to its reduction in conformity with the Constitution of the Russian Federation. It is necessary for more accurate definition of a place of its normative acts in legal system of Russia, development of optimum variants of interrelation of certificates of the Central bank of the Russian Federation with other legal acts of the Russian Federation, a concrete definition of subject sphere in the edition of normative acts of Bank of Russia.

Condition and degree of a scientific readiness of a problem.

Problems of legal acts in the financial right in a sufficient measure are not studied yet. Research bases were constituted by a theoretical material of the scientists who have brought the essential contribution to working out of problems of the financial right rich in substantial sense, including concerning bank sphere: E.M.Ashmarinoj, N.M.Borodinoj, A.G.Bratko, K.S.Belsky, A.J.Vikulina, D.V.Vinnitsa, J.A.gejvandova, S.A.Golubeva, O.N.Gorbunovoj, G.J.Grachevoj, A.G.Guznova, I.G.Dashkovoj, S.V.Zapolsky, L.G.Gfimovoj, N.J.Grpylevoj, I.I.Ignatovsky, M.V.Karasevoj, A.N.Kozyrina, D.A.Krasikov, J.A.Krohinoj, J.M.Makarovoj, V.M.Mandritsa, A.V.Maslov, O.M.Olejnik, G.A.Pavlodskogo, P.S.Patsurkivskogo, G.V.Petrovoj, G.V.Pokachalovoj, M.B.Razgildievoj, G.A.Rovinskogo, I.V.Rukavishnikovoj, G.F.Ruchkinoj, S.V.Rybakovoj, S.A.Saperova, E.D.Sokolovoj, V.M.Stoljarenko, T.G.Timakovoj, G.A.Tosunjana, A.V.Turbanova, N.I. Himichevoj, N.D.Eriashvili, etc.

The basic base of the present work was constituted by conclusions of scientific - representatives of the general theory of law and the state: S.S.Alekseeva, M.I.Bajtina, I.A.Galagana, V.M.Gorsheneva, F.A.Grigoriev, S.F.Kechekjana, River Z.

Livshits, A.V.Malko, N.I.Matuzova, A.V.Mickiewicz, D.E.Petrov, I.N.Senjakina, etc.

During work on the dissertation works of the pre-revolutionary scientists devoted to the theory of the legal act of management were studied: I.E.Andreevsky, I.N.Belyavsky, A.D.Eradovsky, A.I.Elistratova, V.V. Ivanovskogo, N.M.Korkunova, N.I.Lazarevsky, V.N.Leshkova, M.K.Palibina, M.M.Speransky.

In the XX-th century authors of the works, legal acts of management concerning to the theory, were J.S.Adushkin, G.V.Atamanchuk, D.N.Bahrah, R.F.Vasilev, S.N.Zhevakin, JU.M.goat, N.M. Konin, A.P.Korenev, V.V. Lazarev, K.Lazarov, A.E.Lunev, V.M.Manohin, M.N.Nikolaev, I.V.Panova, L.L. Priests, V.G.Rozenfeld, JU.A.Tikhomirov, N.G.Salishcheva, J.N.Starilov, S.S.Studenikin, N.J.Hamaneva. Recently the works publish in this area E.K.Glushko, I.F.Kazmin, A.E.goat, M.V.Kostenkov, I.V.Kotelevsky, B.M.Lazarev, R.Z.Livshits, S.N.Lopatin, S.N.large object, A.S.Pigolkin, S.V.polenika, so-called Rahmanina, S.D.Hazanov.

To the present research the conclusions made scientists-protsessualistami were useful: V.G.Daevym, P.F.Elisejkinym, L.D.Kokorev, M.S.Strogovichem, V.M.Sherstjukom, N.A.Chechinoj, D.M.Chechotom, JU.K.Yakimovich, etc. Besides, in the present work uses the positions developed by researchers of rules of procedure in those branches of law which traditionally are considered as the material. Among them: I.A.Ikonitsky, N.I.Krasnov, V.O.Luchin, V.N.Protasov, V.D.Sorokin.

From foreign sources are used the German scientific O.Mayer's work, one of the first who has made successful attempt of creation of the general theory of the administrative act, and also E.Fosthoffa, U.Battisa, R.Hendlera, B.Muller, H-D. SHprolja, X. Knaka, R.Keniga, H-D. Hoppe, D.Koburgera, P.Derledera, K-O. Knopsa, H-G. Bambergera, K.Junker, etc.

Object, subject, the purpose and problems of dissertational research.

Object of dissertational research are public relations in sphere of financial activity the states arising in process pravotvorcheskoj and pravoprimenitelnoj of activity of the Central bank of the Russian Federation, and, accordingly, a category «legal acts of the Central bank of the Russian Federation». Thus the accent becomes on static (material) and dynamic (remedial) characteristics of the specified category which express qualities inherent only in it, features and the internal organisation, and, hence, the public relations developing concerning preparation, discussion, acceptance, execution and cancellation of legal acts of Bank of Russia as financially-legal acts.

Subject of the present research theoretical and practical questions of law-making of the Central bank of the Russian Federation which permission has allowed to generate the concept of legal acts of Bank of Russia, and also constitute federal acts, legal acts of other public authorities, and also legal acts of Bank Russia accepted by it on various questions of the competence.

As research objective working out of the basic finansovopravovyh theoretical questions of legal acts of the Central bank of the Russian Federation, research of problems of their practical realisation, revealing of blanks of modern regulation, development of practical recommendations and offers on efficiency increase normotvorcheskoj, pravoprimenitelnoj, interpretatsionnoj, contractual activity of Bank of Russia, and also working out of financially-legal aspects of the modern theoretical concept of a legal regime of action of legal acts of the Central bank of the Russian Federation acts.

For achievement of objects in view of dissertational research the decision of following primary goals is obviously necessary:

1) on the basis of the constitutional norms to reveal features publichnopravovogo the status of Bank of Russia as public authority and its role in financial activity of the state;

2) to open the basic lines financially-legal status Bank of Russia

With reference to it normotvorcheskoj, pravoprimenitelnoj,

interpretatsionnoj and contractual activity;

3) to analyse functions of Bank of Russia and to reveal its features pravotvorcheskoj functions; to define limits of subordinate legislation regulation of questions of bank activity;

4) to establish the legal kategorialno-conceptual nature, parametres of definition and value of legal acts of Bank of Russia in modern legal system; to prove their classification;

5) to prove signs of normative acts of the Central bank of the Russian Federation as sources of the financial right to consider their role in financial activity of the state;

6) to analyse remedial features of activity of Bank of Russia under the edition of legal acts;

7) to analyse the basic problems of an establishment and realisation of functions of the Central bank of the Russian Federation, including normotvorcheskoj functions;

8) to develop scientific recommendations about perfection pravotvorcheskoj functions of Bank of Russia and practice of its realisation.

Methodological basis. For the correct, objective and full permission stated above problems the author uses a complex of modern methods of the knowledge developed by a philosophical science and applied by jurisprudence: general (materialistic dialectics), general scientific (the analysis (structural), synthesis, system and functional approaches), private-scientific (the historical approach, statistical, logic) and private-law (the specially-legal approach, legallistic and rather-legal) methods.

The problematics of legal acts of Bank of Russia analyzed in the dissertation is shined taking into account achievements of such jurisprudence, as the financial right, theory of state and law, constitutional, administrative, civil, international law, etc.

Standard basis of dissertational research constitute: the Constitution of the Russian Federation, the Federal act «About the Central bank of the Russian Federation (Bank of Russia)», the Federal act «About banks and bank activity», other federal acts and other standard legal acts of the Russian Federation (decrees of the President of the Russian Federation, the governmental order of the Russian Federation, legal acts of the Central bank of the Russian Federation). The decision of separate research problems needed also the analysis of the major international legal documents in sphere of bank activity: the Basel agreement under the capital (Basel II), the International standards of the fiscal accounting.

The wide spectrum of researches was spent by the author and in sphere pravoprimenitelnoj activity of Bank of Russia and in judiciary practice. The analysis of a legal status of the Central bank of the Russian Federation and a place of its legal acts is undertaken taking into account legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation.

Scientific novelty. The dissertation represents the first in jurisprudence of Russia, including financially-legal, the monographic research specially devoted to legal acts of the Central bank of the Russian Federation in aspect of their role as sources of the financial right. Now this unique research devoted to the complex analysis of features of legal acts of the Central bank of the Russian Federation, caused by its public status in sphere of monetary and credit relations, and also to consideration materialnopravovogo and remedially-legal aspects of the named legal acts.

On protection following substantive provisions are taken out.

1. The constitutional bases financially-legal are proved

The status of the Central bank of the Russian Federation as legally concentrated, possessing the higher degree standard

obobshchennosti and positions having universal character which define function of the Central bank of the Russian Federation on maintenance of stability and protection of national currency and its independence in realisation of the specified function from bodies

The government.

2. The bank of Russia is defined by the author as the public authority of the special sort which is not belonging to one of the Russian Federations designated in the Constitution of branches of the power, allocated with the special competence on realisation of the government, bank regulation and bank supervision of monetary and credit system functioning. The organic combination in activity of Bank of Russia of functions of definition of a financially-legal policy in sphere of monetary and credit relations, normotvorcheskih powers on legal regulation in sphere denezhnokreditnyh relations, realisation of kontrolno-supervising powers in bank system of the Russian Federation, management of the state-owned property and certain rendering of the state services is proved. Such combination of the specified functions is shown in their orientation on realisation of the constitutional function and legislatively fixed purpose of activity of the Central bank of the Russian Federation as body authorised by the state on realisation of financial activity - protection and maintenance of stability of rouble.

The conclusion that supervision and other levers of Bank of Russia constitute uniform system of measures on maintenance of stability of national currency and consequently allocation of a part from a single whole without damage to quality of a complete category is impossible is drawn. In the dissertation arguments about inexpediency and in certain degree of anticonstitutionality of deducing of supervision from the competence of Bank of Russia offered by some authors are resulted, considering positions about bank supervision in the aspect of the state financial control which is carried out by Bank of Russia as public body in financial sphere.

3. Law-making of the Central bank of the Russian Federation represents the form of its activity shown in official expression and fastening of rules of law which constitute independent group of sources of law, in bolshej degrees being sources of the financial right. The author proves necessity of strengthening normotvorcheskih powers of the Central bank of the Russian Federation and investment with its power to initiate legislation with a view of their effective realisation.

4. The central bank of the Russian Federation plays the big role in financial activity of the state. Legal acts in the field of the bank credit, monetary circulation and calculations, currency regulation and exchange control, service of accounts of budgets and off-budget funds and on other questions of legislatively established competence in the field of financial activity as financially-credit body are accepted by it. Legal acts of Bank of Russia are financially-legal certificates.

5. The legal act of the Central bank of the Russian Federation is documentary in certain forms will of Bank of Russia concerning its legislatively certain competence in the field of regulation of monetary and credit relations. Legal acts of the Central bank of the Russian Federation constitute the major legal form of realisation of the competence of Bank of Russia on achievement of its purposes and problems in financial sphere. They are an element of the legal form of state regulation of monetary and credit relations, means of a financially-legal policy in this area, the basic form of display of a legal life in bank system of the Russian Federation.

Depending on their nature (maintenance) legal certificates-documents of Bank of Russia are subdivided into following kinds: normative acts; pravoprimenitelnye certificates; interpretatsionnye certificates; contractual certificates.

6. Functions of legal acts of the Central bank of the Russian Federation express their essence, character of influence on public relations in monetary and credit sphere and are directed on achievement of the purposes of legal acts of Bank of Russia as financially-legal certificates.

Reguljativnaja function of legal acts of Bank of Russia consists in regulation of public relations in monetary and credit sphere as by means of rules of law (with reference to normative acts of Bank of Russia), and auxiliary rules, which allow to apply the rule of law to concrete legal relations (pravoprimenitelnye certificates of Bank of Russia), to understand correct sense of the rule of law (interpretatsionnye certificates of Bank of Russia), to formulate will of participants of concrete legal relations in monetary and credit sphere (contractual certificates of Bank of Russia).

Information function of legal acts of Bank of Russia is shown that legal acts of Bank of Russia inform subjects of legal relations on rules of behaviour in the field of monetary and credit relations, about their rights and duties, interdictions (with reference to normative acts of Bank of Russia), about application of the rule of law to concrete legal relations, for example about delivery and licence withdrawal from the credit organisation (in the relation pravoprimenitelnyh certificates of Bank of Russia), about the valid sense of the rule of law (with reference to interpretatsionnym to certificates of Bank of Russia), about an ox of independent participants of legal relations (contractual certificates of Bank of Russia).

Vospitatelno-ideological function consists that, influencing participants of legal relations, legal acts of Bank of Russia promote formation of lawful behaviour in area denezhnokreditnyh relations, develop a competition in the bank environment and expand kinds of bank services, thereby promote achievement of the social and economic purposes of development of a society.

In sphere of financial activity following functions are inherent in normative acts of Bank of Russia: reguljativnaja function, guarding function, function of the state orientation of the participant of a public life in the social validity, function of the state estimation of various variants of behaviour of subjects of law, criterion function.

Pravoprimenitelnye certificates of Bank of Russia in sphere of financial activity are allocated with following functions: pravoobespechitelnoj, function of individual regulation of public relations, function of a concrete definition of norms in the course of right application.

To specific functions of certificates of interpretation in sphere of financial activity carry indirectly-reguljativnuju and obespechitelnuju functions which are characteristic and for certificates of interpretation of the right of Bank of Russia.

Contractual certificates of Bank of Russia in sphere of financial activity carry out pravorealizatsionnuju, structurally-organizational functions, function of the coordination of interests, is state-obespechitelnuju, orientatsionno-stimulating.

7. Working out and realisation of the Basic directions of a uniform state monetary policy by the Bank of Russia offers to consider as doktrinalnuju activity. Practice testifies, that for performance of the constitutional function on maintenance of stability of national currency the right of independent operative decision-making and actions on use of tools and monetary and credit policy methods is necessary for Bank of Russia. In this connection, acceptance of the basic directions of a uniform state monetary and credit policy should not be spent in the form of the federal act. Long procedure of legislative process will deprive Bank of Russia of efficiency and flexibility in influence on economic processes in the field of monetary and credit relations and will complicate realisation of the constitutional function of Bank of Russia on maintenance of stability of national currency.

8. Normative acts of Bank of Russia are included into system of sources of the financial right. They occupy znachitelnoju a niche in the legal base of all financial and bank system.

According to the author, the offer on codification of the bank legislation is premature in connection with even insufficient prorabotannostju scientific approaches to definition of a subject and a method of the bank right, and also its place in system of the Russian right. The bank right is considered in the dissertation as podotrasl the financial right, and the bank legislation as complex branch of the legislation.

In the dissertation it is offered to systematise normative acts of Bank of Russia as follows: the normative acts regulating directly organizational activity of Bank of Russia; the normative acts regulating the relations in which the Bank of Russia acts as body of bank regulation and supervision of the credit organisations; the normative acts 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; the normative acts regulating "internal" activity of the credit organisations; the normative acts directly regulating bank activity.

9. Classification of normative acts of the Central bank of the Russian Federation on internal and external with legislative fastening of features of their preparation, acceptance and coming into force Is offered.

Internal normative acts 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. Such certificates can be accepted without dependence from a concrete mention in the law, undoubtedly, with observance of rules about the competence of Bank of Russia.

External normative acts of Bank of Russia extend on the subjects who are not entering into system of Bank of Russia, being external in relation to it. Such certificates of Bank of Russia, according to the author, in the long term, should be accepted in the cases directly reserved in the law.

10. The certificate of application of the right or the individually-legal certificate in bank regulation is offered to be defined as follows is an official decision of Bank of Russia (its structural divisions) on the concrete business, the containing imperious command expressed in the certain form and directed on individually-legal regulation activity of the concrete credit organisations that is shown in an establishment and a concrete definition of the rights and duties of objects of regulation in limits, statutory.

Individually-legal certificates grow out of activity of Bank of Russia in sphere of bank regulation and supervision. Them concern:

- Certificates - permissions - for example, licensing for realisation of bank operations (a recognition or according a right to carry out bank activity);

- Certificates - coordination - the certificates establishing the juridical fact of the coordination with Bank of Russia (other regulating bodies) certain actions, for example, appointment to posts of the head and the chief accountant of the credit organisation of certain persons;

- Ordering certificates - the certificates containing the instructions of Bank of Russia (accepted, as a rule, in the exercise of supervisory powers or on the basis of its results) about fulfilment of certain actions with a view of elimination of lacks of activity of the credit organisations, prevention of fulfilment of offences further, or the instruction about offence elimination (offence ascertaining). Ordering certificates also can carry reguljativnyj character and comprise the measures of influence provided by item 74 of the Law on Bank of Russia, the sanction in the form of the requirement about penalty payment, about restriction on fulfilment of separate bank operations (restriction of a circle of made operations), interdictions.

- pravoprekrashchajushchie certificates - the order of Bank of Russia on licence withdrawal on realisation of bank operations.

11. Under interpretatsionnoj activity of Bank of Russia preparation of official explanations as certificates of interpretation of the right, information-methodical materials and generalisations of practice of application of federal acts and normative acts of Bank of Russia within its competence is understood.

12. The bank of Russia concludes dogovory for achievement of the purposes of activity of Bank of Russia on a circle of the questions defined by the federal act. The will and interest at making contract of Bank of Russia are defined by the federal act. As public contracts of Bank of Russia, having finansovopravovye aspects, are allocated the contract of the correspondent account with the credit organisations, the contract of the bank account with the budgetary organisations.

13. On the basis of the analysis of remedial bases of activity of Bank of Russia under the edition of legal acts it is established, that pravotvorcheskaja activity of Bank of Russia is carried out within the limits of manufacture on acceptance of standard legal acts of the Central bank of the Russian Federation including preparation, acceptance (edition), publication and introduction in action of standard legal acts, and pravoprimenitelnaja activity of Bank of Russia is carried out in frameworks jurisdiktsionnogo and pravonadelitelnogo processes.

14. Under jurisdiktsionnym process in the Central bank of the Russian Federation the author understands carried out in the remedial form, regulated by rules of procedure pravoprimenitelnuju activity jurisdiktsionnogo, compulsory character of the Central bank of the Russian Federation under the resolution of disputes, realisation of sanctions and protection of guarding legal relation with application of measures of the state compulsion. JUrisdiktsionnyj process of the Central bank includes following manufactures and procedures: manufacture on affairs about administrative violations; procedures of realisation of measures of precautionary character, procedure of realisation of measures presekatelnogo character, procedure of realisation of measures of regenerative character, measures of financially-legal responsibility.

Pravonadelitelnyj process - the kind of remedial activity regulating pravoprimenitelnuju, nejurisdiktsionnuju activity of Bank of Russia on realisation of the competence belonging to it in the bank sphere, including: registration manufacture; litsenzionnorazreshitelnoe manufacture, is administrative-contractual manufacture and procedure of the admission of banks in system of insurance of contributions.

15. Development of public relations in bank system of the Russian Federation defines necessity of legislative granting to Bank of Russia as to supervising body of the right to judgement in aspect of qualitative diagnostics of a condition of the credit organisation. The credit organisations, to which are applied by Bank of Russia measures of supervising reaction, proceeding from the right to judgement, should have possibility of the administrative and judicial appeal. According to the author, preparation of the bill of entering of additions into the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» and the Federal act «About banks and bank activity» regarding legislative fastening of the right of Bank of Russia on judgement is necessary and, accordingly, duties of the credit organisation to take into consideration the specified judgement. Before federal act acceptance about fastening to Bank of Russia of the right to judgement the edition Bank of Russia of the normative act about concept, principles of removal and the form of expression of judgement Bank of Russia is obviously possible.

16. It is necessary to strengthen legislative positions about features of the public status of Bank of Russia, in particular, to develop legislative guidelines about normotvorcheskoj functions of Bank of Russia. It is expedient to fix rules of preparation and the edition of standard legal acts of Bank of Russia at federal act level. Observance of uniform approaches by Bank of Russia to the form of legal regulation of public relations in monetary and credit sphere taking into account features of the maintenance of standard and not standard legal acts Is obviously important.

17. As positive in the dissertation following tendencies in development normotvorcheskoj functions of Bank of Russia are marked: 1) strengthening of a role of legislative norms in normotvorcheskoj functions of Bank of Russia; 2) transfer into level of the federal act of practically expedient positions of normative acts of Bank of Russia; 3) the account in a legislative regulation pravoprimenitelnoj experts under the judicial appeal of normative acts of Bank of Russia. In the long term cases of the edition of normative acts of Bank of Russia and the questions which are coming under to regulation in them, should be reserved in the federal act.

18. On the basis of the carried out research and the received results the draught federal law Concept about entering of additions into the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» in the form of the special section devoted to legal acts of the Central bank of the Russian Federation is developed.

The scientific and practical importance. Research of problems of legal acts of the Central bank of the Russian Federation has important value as for a financially-legal science, and pravoprimenitelnoj experts as in work the theoretical positions which set can be qualified as new large scientific achievement are developed. The author considers, that influence of a financially-legal science on law-making and on pravoprimenenie in sphere of the relations, developing a course of realisation by Bank of Russia of the functions in bank sphere, in modern is social-legal conditions insufficiently aloud. Thereof increasing value is got by a problem of a choice of priority directions of the scientific researches, one of which represents studying of law-making of the Central bank of the Russian Federation.

Theoretical and practical values of dissertational research are in dialectic communication. By means of the analysis of this problem in the light of the taken place and forthcoming state-imperious decisions it is possible to have always distinct idea about realisation of the constitutional function by Bank of Russia on protection and maintenance of stability of national currency as to the primary goal of the state in financial sphere.

Solving the given problem, the author in detail analyzes the legal acts published in the course of realisation normotvorcheskoj and pravoprimenitelnoj of activity of Bank of Russia, proves their features and interaction with legal acts of other branch accessory, revealing the blanks of legal regulation negatively affecting the decision of questions of bank regulation. It promotes deeper knowledge of the maintenance of institute of legal acts, forms adequate representation about their mission in bank regulation and defines perfection ways.

The practical importance consists also in development and a substantiation of a complex useful to introduction in educational process of results of dissertational research, including system of preparation, retraining and improvement of professional skill of a wide spectrum of bank workers by consideration of subjects of legal acts of Bank of Russia. In work are put forward based on positions constitutional and international law of the offer and the recommendation about perfection of the bank legislation. Legal positions on some question are focused on improvement of technics of a legal establishment of rules of law in bank sphere that will raise quality and efficiency of action of legal acts of Bank of Russia.

Approbation of results. The basic theoretical positions and conclusions, practical recommendations of dissertational work are published by the author in two monographies, scientific articles, scientifically-practical and uchebnometodicheskih publications.

The basic ideas of the dissertation also are approved:

- At lecturing and carrying out of seminar employment by the financial and bank right in GOU VPO «the Saratov state academy of the right», to the bank legislation in GOU VPO «the Saratov state social and economic university»;

- At carrying out of employment at courses of improvement of qualification of world judges in GOU VPO «the Saratov state academy of the right»;

- In performances at scientifically-practical conferences and seminars;

- At discussion of the dissertation by chair of financial, bank and customs right GOU VPO «Saratov state academy of the right»;

- In practical activities on legal maintenance in territorial establishment of the Central bank of the Russian Federation on the Saratov area.

Research structure. The dissertation consists of the introduction, five heads including 18 paragraphs, the conclusions, appendices and the bibliographic list of the used sources.

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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 INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …