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1.2. Powers of territorial establishments of Bank of Russia on carrying out of checks of the credit organisations concerning observance of the currency legislation

The territorial establishment of Bank of Russia will organise and carries out exchange control as directly, and through the authorised banks (in this case they act as the agents of exchange control accountable to the Central bank of the Russian Federation) according to the legislation of the Russian Federation and normative acts of Bank of Russia.

The direct control over conformity spent by residents and non-residents of currency transactions, and also operations of non-residents in the Russian roubles to the current legislation of the Russian Federation and normative acts of Bank of Russia the territorial

The establishment carries out by carrying out of checks on which results mo§ug to be applied corresponding sanctions.

The basis for carrying out by territorial establishments of checks is the Federal act “About the Central bank of the Russian Federation (Bank of Russia)” (article 74), and also the Instruction of Bank of Russia “About an order of carrying out of checks of the credit organisations and their branches the authorised representatives of the Central bank of the Russian Federation (Bank of Russia)” from February, 19th, 1996 № 34 [105] which point 2 provides, that checks of the credit organisations and their branches have for an object, including, to check up observance of the currency legislation by the last and normative acts of Bank of Russia.

At realisation of checks of the authorised banks besides

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Normative acts of Bank of Russia following editions of Bank are used

Russia: separate explanations, circulars with generalisation

Practice of application of normative acts of Bank of Russia on questions

Currency regulation, explanation concerning the inspection

Divisions of territorial establishments of Bank of Russia, methodical

Recommendations about check of realisation by banks of the control over the currency

Operations and other information. Methodical recommendations of Bank of Russia,

Checks [106] establishing procedure, help to optimise

Directly course of checks, considerably reduce time for them

Preparation, facilitate a problem by definition of correctness of realisation

Banks of operations with a foreign currency.

In the Saratov area approach practice to checks of the credit organisations is entered, at which of divisions of the supervising block of Central administrative board of the Central bank of the Russian Federation on

The Saratov area (management of inspection of the credit organisations, a department of currency regulation and exchange control, management of supervision of activity of the credit organisations) will be organised working group for the purpose of fuller scope of various directions of activity of banks. A problem at carrying out of checks is not direct, obvious counteraction to carrying out of checks - such cases in practice, in particular a currency department of territorial establishment of Bank of Russia in the Saratov area, no, and absence of a technique of the coordination and the analysis represented by banks after the termination of check of reports (certificates) of disagreements to the check certificate. In the given documents banks express the point of view on this or that remark made checking, confute conclusions about presence of infringements.

For this purpose they involve highly professional lawyers and even the whole law factories. There are cases when banks put the proving documents which have been not shown in the course of check to inspection group and frequently prepared already after its termination to reports of disagreements. It is a problem demanding studying and the edition of special methodical recommendations.

Legal acts of the Central bank of the Russian Federation, fixing powers of territorial establishments of Bank of Russia on carrying out of checks, require updating and in a following direction. As checks of the credit organisations should not be end in itself, and the increase in their quantity directly is not connected with quality of exchange control, in our opinion, expediently to consider the problem on preparation by results of check not only the report about a state of affairs in the checked up credit organisation and offered measures of influence to credit организации1, but also the conclusions about quality of the exchange control which is carried out by territorial establishment of Bank

Russia (with the offer in case of need acceptances of measures on strengthening of interaction of various structural divisions of territorial establishment of Bank of Russia, improvement of quality of preverifying preparation, deepening of analytical materials, etc.).

Studying, generalisation and the analysis of practice of the organisation territorial establishments of Bank of Russia of checks of the credit organisations allow to classify, in our opinion, checks of the credit organisations concerning observance of the currency legislation as follows:

1) complex checks of observance of the currency legislation, carried out by currency divisions of territorial establishments of Bank of Russia in all directions of activity of the credit organisation in sphere of currency legal relations;

2) thematic checks on separate currency transactions and some aspects of activity of the credit organisation as agent of the exchange control, carried out by currency divisions of territorial establishments of Bank of Russia or under their commission it is settlement - the cash centres of Bank of Russia;

3) checks of observance of the currency legislation as a part of the general inspection check of activity of the credit organisation along with check of observance of the bank legislation, the corporate right, the legislation on a securities market, payment discipline, information safety, legitimacy and validity of bank risks, etc., to participation in which along with experts of inspection divisions are involved employees of currency, legal and supervising services of territorial establishments of Bank of Russia.

, It is necessary to notice, that by consideration by territorial establishments of Bank of Russia of materials of checks of the authorised banks for a basis the certificate of check undertakes, and conclusions on it become with the account of results of the previous checks, reporting and presence considerations

Infringements in current activity. In particular, with that end in view in Central administrative board of the Central bank of the Russian Federation on the Saratov area are developed and electronic databases on the authorised banks where data about the spent checks, the applied sanctions, results of consideration of the reporting, the information from other bodies of exchange control, law enforcement bodies are fixed, current correspondence are led. Besides, in case of need, business meetings, meetings with heads of banks with the assistance of chiefs of their currency divisions on whom character of the admitted infringements is analyzed, the reasons which have caused occurrence of revealed infringements, a condition of the organisation of work of the currency divisions which are carrying out functions of exchange control, the general financial condition of the credit organisations are organised.

As remote exchange control is not less important direction of realisation of control powers of territorial establishments of Bank of Russia in sphere of currency legal relations besides verifying activity carried out by them, further we pass to consideration of legal questions of increase of efficiency of remote exchange control of territorial establishments of Bank of Russia.

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A source: Neverova Natalia Vladimirovna. POWERS of TERRITORIAL ESTABLISHMENTS of the CENTRAL BANK of the RUSSIAN FEDERATION In the field of EXCHANGE CONTROL. The dissertation on competition of a scientific degree of the master of laws. Saratov 2002. 2002

More on topic 1.2. Powers of territorial establishments of Bank of Russia on carrying out of checks of the credit organisations concerning observance of the currency legislation:

  1. 1.3. Powers of territorial establishments of Bank of Russia on consideration of the reporting of the credit organisations on currency transactions
  2. 1.4. Powers of territorial establishments of Bank of Russia under the control for, fulfilment of currency-exchange operations
  3. powers of territorial establishments of Bank of Russia on delivery of permissions to fulfilment of currency transactions
  4. 1.1. The General characteristic of standard base and powers of territorial establishments of Bank of Russia on exchange control realisation
  5. § 1. Powers of Bank of Russia on the state registration The credit organisations and to licensing of bank activity
  6. activity of territorial establishments of the Central bank of the Russian Federation on generalisation of practice of application of the legislation on currency regulation and exchange control
  7. §3. Features of application by Bank of Russia of sanctions to the credit organisations for infringements of the bank legislation
  8. actual legal questions of interaction of territorial establishments of the Central bank of the Russian Federation with law-enforcement and supervising bodies concerning exchange control (on an example of territorial establishment of Bank of Russia in the Saratov area)
  9. § 1. The control the credit organisations of observance by their clients of the legislation on taxes and tax collections
  10. legal problems of application by territorial establishments Central a bow of the Russian Federation of sanctions for infringements of the currency legislation of the Russian Federation
  11. § 2. Features of legal regulation of realisation by Bank of Russia of supervision of activity of the credit organisations
  12. Chapter 3. Features of legal regulation of the control the credit organisations of observance by their clients of the financial legislation
  13. kinds of the credit organisations as subjects of supervision of Bank of Russia
  14. § 5. Working out and carrying out by Bank of Russia together with the Government of the Russian Federation of the uniform state Monetary and credit policy