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a role of base and organizational-functional principles of financial activity of Bank of Russia in improvement of quality of realisation of its competence

The role of a principle of independence of the Central Bank of the Russian Federation is difficult for overestimating. The constitution of the Russian Federation has fixed exclusive functions of the Central Bank of the Russian Federation.

In ch. 1 items 75 putting on of functions on realisation of monetary issue exclusively on the Central bank of the Russian Federation is proclaimed. In ch. 2 items 75 of the Constitution of the Russian Federation are formulated konstitutsionno-legal bases of a principle of independence, the basic function of the Central Bank of the Russian Federation which it carries out irrespective of other public authorities - protection and maintenance of stability of rouble is established.

The principle of independence of the Central Bank of the Russian Federation has received development at updating of the bank legislation in the mid-nineties HH century In the subsequent edition of the Law of RSFSR from December, 2nd, 1990 № 394-1 «About the Central bank of RSFSR (Bank of Russia)» a principle of independence of the Central Bank of the Russian Federation has received more ttti - rokuju action sphere, rather than the basic function of the Central Bank of the Russian Federation - protection and maintenance of stability of rouble. In item 5 of the Law on Bank of Russia it has been fixed, that «Bank of Russia within the powers given to it by the Constitution of the Russian Federation and federal acts 1995, it is independent in the activity. Federal public authorities, public authorities of subjects of the Russian Federation and local governments have no right to interfere with activity of Bank of Russia on realisation of its legislatively fixed functions and powers, to make the decisions contradicting the present Federal act». Thus in item 1 of the Law on Bank of Russia 1995 Position about exclusively constitutional and legislative basis of definition of the status of Bank of Russia of the following maintenance has been fixed: «the Status, problems, functions, powers and principles of the organisation and activity of the Central Bank of the Russian Federation (Bank of Russia) are defined by the Constitution of the Russian Federation, the present Federal act and other federal acts».

It is necessary to pay attention that the principle of independence of the Central Bank of the Russian Federation in item 5 of the Law on Bank of Russia is fixed after a statement of positions about a principle of the accountability of the Central Bank of the Russian Federation to the State Duma of Federal assembly of the Russian Federation 1995. The given circumstance among other aspects allows to formulate a conclusion about aspiration of the legislator to provide balance of a principle of independence and a principle of the accountability of the Central Bank of the Russian Federation.

In the current Law on Bank of Russia 2002 the principle of independence of Bank of Russia receives priority sounding that will be adjusted with konstitutsionno-legal bases of activity of the Central Bank of the Russian Federation. Positions about independence of Bank of Russia are fixed any more after a statement of questions of the accountability of Bank of Russia, and in item 1 at fastening of legal bases of activity of the Central Bank of the Russian Federation. Parts 1 and 2 items 1 of the Law on Bank of Russia are formulated as follows 2002: «the Status, the purposes of activity, function and power of the Central Bank of the Russian Federation (Bank of Russia) are defined by the Constitution of the Russian Federation, the present Federal act and other federal acts.

Functions and the powers provided by the Constitution of the Russian Federation and the present Federal act, Bank of Russia carries out irrespective of other federal public authorities, public authorities of subjects of the Russian Federation and local governments».

For all that position in activity of Bank of Russia on realisation of its legislatively fixed functions and powers to make on inadmissibility of intervention of federal public authorities, public authorities of subjects of the Russian Federation and local governments the decisions contradicting the Law on Bank of Russia 1995, directly is not fixed in the Law on Bank of Russia 2002, it continues to operate as a component of a principle of independence of the Central Bank of the Russian Federation that finds acknowledgement in practice of the Constitutional Court of the Russian Federation.

In the specified aspect Definition of the Constitutional Court of the Russian Federation from January, 15th, 2003 № 45 «About refusal in taking cognizance of inquiry of Arbitration court of a city of Moscow about check of constitutionality of articles 12 and 30 Federal acts« About competition protection in the market of financial services »1 is of interest. Circumstances of business are that. In manufacture of Arbitration court of of Moscow there was a business under the statement of the Central Bank of the Russian Federation for a recognition void definitions of the Commission of the Ministry of the Russian Federation after an antimonopoly policy and the support of the business which have been taken out on November, 22nd, 2001 and on February, 5th, 2002, about commencing a suit to infringement signs the Central bank of the Russian Federation of the antimonopoly law at an establishment of an order of obligatory sale of a part of a currency gain, and also about objazanii to give the additional information within the limits of given case consideration.

In the inquiry in the Constitutional Court of the Russian Federation the Arbitration court of of Moscow asked to check up constitutionality of positions of item 12 and 30 Federal acts from June, 23rd, 1999 № 117-FZ «About competition protection in the market of financial services» (in red. From February, 2nd, 2006) [110 [111] on which basis the specified definitions have been taken out. According to the applicant, these positions in that measure in what they allow the Ministry of the Russian Federation of an antimonopoly policy and business support to interfere with activity of the Central Bank of the Russian Federation on maintenance and protection of stability of rouble, mismatch item 75 (ch. 2) Constitutions of the Russian Federation.

As considers the Constitutional Court of the Russian Federation, «the system analysis of positions of the Federal act« About competition protection in the market of financial services »allows to draw a conclusion, that it does not provide direction possibility federal antimonopoly body to the Central Bank of the Russian Federation of decisions and instructions: the Central Bank of the Russian Federation is not included into number of subjects to which federal antimonopoly body according to the named Federal act have the right to allow to (direct) obligatory instructions for execution and in which relation have the right to apply measures of an administrative liability of infringement of the antimonopoly law and other standard legal acts about competition protection in the market of financial services (paragraphs of second and fourth article 23, article 28); it is not specified and in the list of the subjects having the right of the appeal of decisions and instructions of federal antimonopoly body (article 31)» 1.

The constitutional Court of the Russian Federation has noticed, that «as follows from interconnected articles 22 and 23 Federal acts« About competition protection in the market of financial services », the federal antimonopoly body can give the Central Bank of the Russian Federation of the recommendation or the offer (but not instructions) about cancellation or stay of action of its standard and other legal acts contradicting the antimonopoly law and other legal acts about protection of a competition in the market of financial services. For removal of recommendations or offers, on sense of the named Federal act, commencing a suit to signs of infringement of the antimonopoly law is not required» [112 [113].

It has found acknowledgement for the first time in Rules of disposal of legal proceeding about infringements of the antimonopoly law and other standard legal acts about competition protection in the market of financial services (are approved by the Order of the Ministry of the Russian Federation on an antimonopoly policy and support of business from September, 15th, 2000 № 707) according to which item 3.8 the Ministry of the Russian Federation of an antimonopoly policy and business support directs recommendations and offers by results of preliminary studying of the arrived materials before excitation дела1.

The constitutional Court of the Russian Federation in considered Definition has drawn rather important conclusion that applied to the Central Bank of the Russian Federation federal antimonopoly body of a measure of influence are made out not in the form of the certificates having is administrative-imperious character, - instructions, and in the form of recommendations and offers, hence, from item 30 establishing the bases for consideration by federal antimonopoly body of affairs about infringements of the antimonopoly law and other legal acts about protection of a competition in the market of financial services, its is administrative-imperious powers concerning the Central Bank of the Russian Federation in connection with such infringements [114 [115] do not follow.

Thus the Constitutional Court of the Russian Federation in considered Definition has underlined, that it does not exclude possibility of judicial check of standard and other legal acts of the Central Bank of the Russian Federation about their conformity to the antimonopoly law and other legal acts about competition protection in the market of financial services. Besides, the Central Bank of the Russian Federation is obliged to represent authentic documents to federal antimonopoly body, to give written and oral explanations and to represent other information necessary for realisation by federal antimonopoly body of its lawful activity, except for the data constituting bank secret (Federal act item 26 «About competition protection in the market of financial services»).

Such positions of the Constitutional Court of the Russian Federation are formulated by it taking into account that the purposes of activity, functions and character of powers of the Central Bank of the Russian Federation which are defined by the Constitution of the Russian Federation, the Law on Bank of Russia and other federal acts, assume necessity of maintenance, including at legislative level, guarantees of prevention of possible unreasonable intervention in realisation of the functions by the Central bank of the Russian Federation from other public authorities. To number of such guarantees, according to the Constitutional Court of the Russian Federation, character of relations of federal antimonopoly body with the Central bank Russian Федерации1 concerns provided by the Federal act «About competition protection in the market of financial services» special, distinct from mutual relations with federal enforcement authorities both other state and municipal bodies.

Legal positions of the Constitutional Court of the Russian Federation have found the legislative fastening in the Federal act from July, 26th, 2006 № 46-FZ «About competition protection» (in red. From December, 28th, 2013) [116 [117] according to which in powers of antimonopoly body the direction enters into federal enforcement authority on a securities market, the Central Bank of the Russian Federation of offers (but not instructions) about reduction in conformity with the antimonopoly law of the certificates accepted by them and (or) the termination of actions, in a case if such certificates and (or) actions break the antimonopoly law (item 4 ch. 1 items 23).

In questions of prevention of intervention in activity of Bank of Russia fastening in item 5 of the Law on Bank of Russia of 1995 of position that in case of intervention in its activity the Bank of Russia informs on it the State Duma and the President of the Russian Federation is rather indicative. In same article the right of Bank of Russia to address in courts with claims about a recognition void legal acts of federal public authorities, public authorities of subjects of the Russian Federation and local governments was established as the protective mechanism. Unfortunately, these norms were not included into the Law on Bank of Russia 2002

In item 6 of the Law on Bank of Russia of 1995 devoted normotvorcheskoj to function of the Central Bank of the Russian Federation, position that projects of federal acts, and also normative acts of the federal enforcement authorities, concerning performance of the functions by Bank of Russia, go on the conclusion to Bank of Russia has been established. This norm has received fastening in the current Law on Bank of Russia 2002 (item 7) that it is necessary to regard as the positive fact.

O.I.Bazhenov, specifying in debatable character of a question on the status of the Central Bank of the Russian Federation, notices, that, on the one hand, according to the constitutional formulation of the Central Bank of the Russian Federation irrespective of other public authorities (ch. 2 items 75 of the Constitution of the Russian Federation) carry out the basic function - protection and maintenance of stability of rouble that allows to approve, that Bank of Russia — public authority; on the other hand, one of the major guarantees of its independence as necessary condition of activity in the modern financial market is nevhozhdenie in system of public authorities [118].

D.V.Kravchenko underlines, that for today the central banks are independent institutes in the developed countries. However, as researchers mark, thus it is necessary to understand, that actually they possess the majority of signs of the state body, are allocated by the right independently to define a policy in monetary and credit sphere and to make of the decision without consultations of any state bodies (i.e. regulating powers) 1.

P.D.Barenbojm and O.E.Kutafin establish, that concept «independence of Bank of Russia - result of serious discussion at the Constitutional meeting of 1993» [119 [120] [121]

It is necessary to agree with N.V.neverovoj's conclusion that features of a legal status of Bank of Russia as konstitutsionno the independent state body carrying out the constitutional function on protection and maintenance of stability of rouble and allocated with the legislator for its realisation by state-imperious powers, are its criteria

3

Independence.

Federal level of legal regulation of bank activity is especially underlined in the financially-legal literature [122]. The constitution of the Russian Federation carries questions of monetary and credit regulation to exclusive conducting the Russian Federation on which are accepted federal constitutional and federal acts (the item « »Item 71, item 76 of the Constitution of the Russian Federation). It is necessary for subjects of the Russian Federation to observe federal norms in sphere of monetary and credit regulation even if the subject of the Russian Federation believes, that acceptance of the standard legal act of the subject of the Russian Federation meets a legal regulation lack at federal level [123]. It affects definition of legal bases of mutual relations of the Central Bank of the Russian Federation and public authorities of subjects of the Russian Federation and local governments [124]. Stated finds reflexion in a special principle of realisation of the competence of the Central Bank of the Russian Federation, following of a base principle of independence of the Central Bank of the Russian Federation - a principle of non-interference of public authorities of subjects of the Russian Federation and local governments in activity of the Central Bank of the Russian Federation.

Infringement of a principle of non-interference of public authorities of subjects of the Russian Federation and local governments in activity of the Central Bank of the Russian Federation was observed in 90th HH century that has been connected with infringements of a legal principle of federalism during the given period of development of the Russian statehood. In the first decade of XXI century the protective mechanism of action of a principle of non-interference of public authorities of subjects of the Russian Federation and local governments in activity of the Central Bank of the Russian Federation has allowed to provide its observance in pravotvorcheskoj and pravoprimenitelnoj activity of public authorities of subjects of the Russian Federation and local governments that testifies among other aspects to increase of legal culture of public formations in sphere financially-legal relations and strengthening of such principle of the financial right as a federalism principle. The stated underlines special character of a principle of non-interference of public authorities of subjects of the Russian Federation and local governments in activity of the Central Bank of the Russian Federation in relation to base principles of its financial activity: to a principle of independence and an accountability principle.

Legal bases interconnected with a principle of independence of the Central Bank of the Russian Federation of a principle of the accountability of the Central Bank of the Russian Federation have been put in pawn in the Law of RSFSR from December, 2nd, 1990 № 394-1 «About the Central bank of the Russian Federation (Bank of Russia)» (further - the Law on Bank of Russia 1990) . In item 1 of the specified Law originally it was noticed, that the Central bank of RSFSR (Bank of Russia) is the main bank of the Russian Soviet Federal Socialist Republic and is in its property (ch. 1 items 1), and also it was underlined, that the Bank of Russia is created on the basis of the present Law and is accountable to the Supreme body of RSFSR (ch. 2 items 1). And only in ch. 3 items 1 of the considered Law the independence principle was formulated. It has been fixed, that the Bank of Russia is independent from administrative and government executive powers. In development of this position it was established, that the Bank of Russia has the right to address in the State arbitration of RSFSR with the requirement about a recognition void certificates of these bodies directed on wrongful intervention in activity of Bank of Russia.

Rules of the reporting of Bank of Russia have been established at law level. In item 8 of the Law on Bank of Russia following positions 1990 were provided: the accounting period of activity of Bank of Russia was defined from January, 1st till December, 31st; the Bank of Russia annually as of January, 1st represents not later than May, 15th the report on the statement to the Supreme body of RSFSR; in the report of Bank of Russia the analysis of a condition of bank system, monetary circulation and the finance, currency position and the balance of payments of republic, operations of Bank of Russia, its account of profits and losses contains; the Bank of Russia monthly publishes in the open press balance of Bank, and also annual balance after its statement the Supreme body of RSFSR; the Supreme body of RSFSR defines the independent auditor organisation for annual check of balance and operations under accounts of Bank of Russia.

Internal financial planning also has been put under the control of the Supreme body of RSFSR. In item 9 of the Law on Bank of Russia it was fixed 1990, that the Bank of Russia annually approves distribution of profit and the estimate of the expenses and represents them to the Supreme body of RSFSR.

The concrete definition of a principle of the accountability of Bank of Russia has been given in the Charter of the Central bank of RSFSR (Bank of Russia) [125], the Presidium of the Supreme body of RSFSR approved by the Decision from June, 24th, 1991 № 1483-1 (further - the Charter of Bank of Russia). In item 13 of the Charter of Bank of Russia (ch. 1) it was defined, that the Chairman of Bank of Russia is appointed for a period of 5 years and dismissed by the Supreme body of RSFSR. This position has received development in the Constitution of the Russian Federation 1993 In item 13 of the Charter of Bank of Russia (ch. 3) the position which has been not supported at the further development of the federal legislation on Bank of Russia has been formulated. It concerned establishments of a rule that the first vice-president of Bank of Russia and vice-presidents of Bank of Russia are appointed and dismissed by Presidium of the Supreme body of RSFSR on representation of the Chairman of Bank of Russia.

In the federal legislation has received acknowledgement corrected concerning appointment and clearing of a post of members of Board of directors of Bank of Russia as controls of Bank of Russia. In item 14 of the Charter of Bank of Russia position that the personal structure of Board of directors of Bank of Russia affirms Presidium of the Supreme body of RSFSR on representation of the chairman of Bank of Russia for the term of its powers has been put in pawn.

The aspiration to provide balance of realisations of a principle of independence of Bank of Russia and a principle of the accountability of Bank of Russia of financial activity is observed in item 26 of the Charter of Bank of Russia having the name «Organization of activity of Bank of Russia» in which it was said that the Bank of Russia will independently organise the activity, proceeding from RSFSR approved by the Supreme body of the Basic directions denezhnokreditnoj politicians and taking into account other decisions of the Supreme body of RSFSR and its Presidium. From stated it is visible, that, on the one hand, the Bank of Russia will independently organise the activity, on the other hand, to Bank

Russia the demand to consider thus approved by the Supreme body of RSFSR the Basic directions of a monetary and credit policy and other decisions of the Supreme body of RSFSR and its Presidium is made. So rigid position of Bank of Russia has not received support at updating of the legislation on Bank of Russia. In the subsequent legislation the principle of interaction of Bank of Russia and the Government of the Russian Federation is realised by working out of a uniform state monetary and credit policy.

The principle of independence of Bank of Russia has found the reflexion in granting to Bank of Russia of the power to initiate legislation (item 4 of the Law on Bank of Russia 1990 which had the name «the Legislation on Bank of Russia», in laws on Bank of Russia 1995 and 2002 is absent). The financial aspect of independence of Bank of Russia consisted in fastening of position that the Bank of Russia and its establishment are released from payment of all kinds state and local taxes, gathering and a State Tax (ch. 3 items 9 of the Law on Bank of Russia 1990).

Balance of a principle of independence of Bank of Russia and principle of the accountability of Bank of Russia of financial activity fastening in item 37 of the Charter of Bank of Russia of position that the Bank of Russia could be liquidated in case of acceptance of the corresponding law of RSFSR is breaking; the order and terms of carrying out of liquidation establishes Presidium of the Supreme body of RSFSR or the body authorised by it. It is impossible to recognise proved preservation of the given position in the Charter of Bank of Russia after acceptance of the Constitution of the Russian Federation 1993 in which bases financially-legal status the Central Bank of the Russian Federation have been fixed. Moreover, in the Law on Bank of Russia 1995 the given position has been kept: in item 87 it has been fixed, that the Bank of Russia can be liquidated only on the basis of acceptance of the corresponding federal act; the law on liquidation of Bank of Russia defines also an order of use of its property [126]. Word presence "only" does not change a situation with infringement of a principle of independence of Bank of Russia and konstitutsionno-legal bases financially-legal status Bank of Russia. Liquidation of the body provided by the Constitution of the Russian Federation, the federal act, is inadmissible owing to infringement of a principle of hierarchy of standard legal acts [127].

Position has been corrected in the current Law on Bank of Russia 2002 in which item 87 it is fixed, that the Bank of Russia can be liquidated only on the basis of acceptance of the corresponding law of the Russian Federation about the amendment to the Constitution of the Russian Federation.

The concept of the accountability of the Central Bank of the Russian Federation to the State Duma of Federal assembly of the Russian Federation has been opened in item 5 of the Law on Bank of Russia 1995 and strengthened in item 5 of the Law on Bank of Russia 2002

Edition of the Law on Bank of Russia fixed 1995, that the accountability of Bank of Russia to the State Duma means the following: appointment to the post and clearing of a post the State Duma on representation of the President of the Russian Federation the Chairman of Bank of Russia; appointment to the post and clearing of a post the State Duma of members of Board of directors of Bank of Russia; representation by Bank of Russia to the State Duma on annual report consideration, and also an audit report; definition by the State Duma of auditor firm for carrying out of auditor check of Bank of Russia; carrying out of parliamentary hearings about activity of Bank of Russia with participation of its representatives; reports of the Chairman of Bank of Russia to the State Duma about activity of Bank of Russia (two times a year - at representation of the annual report and the basic directions of a uniform state monetary and credit policy).

The law on Bank of Russia enters new forms and materialnopravovye the bases of the accountability of Bank of Russia to the State Duma 2002, and also remedial aspects of realisation of a principle of the accountability of Bank of Russia are specified.

So, if the question on appointment as the State Duma on a post and clearing of a chairmanship of Bank of Russia on representation of the President of the Russian Federation remains invariable the appointment procedure on a post and clearings of a post of members of Board of directors of Bank of Russia is concretised and is carried out on preliminary adjusted with the President of the Russian Federation to representation of the Chairman of Bank of Russia.

Short stories of a principle of the accountability of Bank of Russia is the right to direct and withdraw the State Duma of the representatives in National bank board (nowadays National financial council) within the limits of the quota; considers the basic directions of a uniform state monetary and credit policy and the decision makes on them; considers the annual report of Bank of Russia and the decision makes on it; the decision on check Schetnoj of financial and economic activity of Bank of Russia by chamber of the Russian Federation, its structural divisions and establishments (in the Law on Bank of Russia it is concretised 2002, that the specified decision can be accepted only on the basis of the offer of National bank board - nowadays National financial council) makes.

As traditional forms of the accountability of Bank of Russia in the Law on Bank of Russia it is fixed 2002, that the State Duma spends parliamentary hearings about activity of Bank of Russia with participation of its representatives; hears reports of the Chairman of Bank of Russia on activity of Bank of Russia (at representation of the annual report and the basic directions of a uniform state monetary and credit policy).

Preservation of position of the Law on Bank of Russia 1995 in the Law on Bank of Russia 2002 about a duty of Bank of Russia to represent to the State Duma and to the President of the Russian Federation the information in an order established by federal acts, it is directed on coordination of actions of the specified subjects and suspension of the state decisions in sphere of monetary and credit relations. Zaslushivanie with a view of information reception on the questions having extreme character, the Chairman of the Government of the Russian Federation, its assistant, the Prosecutor General of the Russian Federation, the Chairman of the Central Bank of the Russian Federation, the Chairman of the Central electoral commission of the Russian Federation, other officials is the form of the parliamentary control according to the Federal act from May, 7th, 2013 № 77-FZ «About the parliamentary control» 1 (item 5 item 10).

Forms of the parliamentary control among other in item 5 (subitems 4-6) of the Federal act from May, 7th, 2013 № 77-FZ «About the parliamentary control» are named: consideration by the State Duma of annual reports of the Central Bank of the Russian Federation and decision-making on them; zaslushivanie reports of the Chairman of the Central Bank of the Russian Federation on activity of the Central Bank of the Russian Federation at representation of the annual report and the basic directions of a uniform state monetary and credit policy; realisation concerning the Central Bank of the Russian Federation of the parliamentary control in other forms according to the Federal act from July, 10th, 2002 № 86-FZ «About the Central bank of the Russian Federation (Bank of Russia)».

On the questions entering into its competence, parliamentary and deputy inquiries can be directed the chairman of the Central Bank of the Russian Federation. The official to whom the parliamentary inquiry is directed, should answer on it in the oral form at session of chamber of Federal assembly of the Russian Federation or in coordination with chamber in writing not later than in 15 days from the date of reception of parliamentary inquiry or in other term established by chamber of Federal assembly of the Russian Federation. Chamber of Federal assembly of the Russian Federation in case the answer to parliamentary inquiry is recognised by unsatisfactory, the decision on a repeated direction of parliamentary inquiry [128 [129] has the right to make.

Schetnaja the chamber of the Russian Federation which is constantly operating supreme body of external state audit (control), accountable to Federal assembly of the Russian Federation, participates in realisation parliamentary a game - trolja in cases, an order and the forms provided by the Federal act from May, 7th, 2013 № 77-FZ «About the parliamentary control» (ch. 2 items 4) and the Federal act from April, 5th, 2013 № 41-FZ «About Schetnoj to chamber of the Russian Federation» (in red. From December, 28th, 2013) (ch. 1 items 23).

Borders of external state audit (control) of bank system are legislatively defined. It is fixed, that Schetnaja the chamber of the Russian Federation carries out the state audit (control) in following directions: 1) activity of the Central Bank of the Russian Federation, its structural divisions, other banks and not bank credit organisations entering into bank system of the Russian Federation, regarding service of the federal budget by them and other federal money resources; 2) activity of the Central Bank of the Russian Federation on service of a public debt of the Russian Federation; 3) concerning accounts and operations of the Central Bank of the Russian Federations which are coming with the purview of law of the Russian Federation from July, 21st, 1993 № 5485-1 «About the state secret» (in red. From December, 21st, 2013) 1. Schetnaja the chamber of the Russian Federation spends checks finansovohozjajstvennoj activity of the Central Bank of the Russian Federation, its structural divisions and establishments. The specified checks are carried out according to decisions G osudarstvennoj the Dumas, accepted on the basis of offers of National bank board (nowadays - National financial council) [130 [131].

Thus, in an establishment of a principle of the accountability of the Central Bank of the Russian Federation the adjusted legal regulation by the Federal act from July, 10th, 2002 № 86-FZ «About the Central bank of the Russian Federation (Bank of Russia)», by the Federal act from May, 7th, 2013 № 77-FZ «About the parliamentary control», the Federal act from April, 5th, 2013 № 41-FZ «About Schetnoj to chamber of the Russian Federation» is observed, that it is necessary to recognise as the proved vector of development of a financially-legal policy concerning activity of the Central Bank of the Russian Federation.

As a result it is necessary to draw a conclusion that the principle of independence and a principle of the accountability of the Central Bank of the Russian Federation in pravoponimanii and pravoprimenenii should be perceived as vzaimoobuslovlennye and vzaimovlijajushchie the legal phenomena having direct influence on financial activity of the Central Bank of the Russian Federation.

Principles of independence and the accountability of the Central Bank of the Russian Federation find refraction in 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.

With reference to a principle of the centralised construction of system of the Central Bank of the Russian Federation it is necessary to notice, that Time typical Position about Raschetnokassovom the centre territorial G lavnogo managements of the Central bank of RSFSR (Bank of Russia), approved by Bank of Russia on April, 26th, 1991 № 18, and also the Order of Bank of Russia from October, 7th, 1996 № 02-373 «About Typical position about the settlement-cash centre of Bank of Russia» (together with Typical position of Bank of Russia from October, 7th, 1996 № 336) contain in help legal system «ConsultantPlus. Version prof», it agree to which data the document of 1996 has become invalid since July, 1st, 2012 in connection with the edition of Instructions of Bank of Russia from March, 14th, 2011 № 2596, doing not come under to publication. Position about territorial establishments of Bank of Russia (Position of Bank of Russia from July, 29th, 1998 № 46-P «About territorial establishments of Bank of Russia») also contains in help legal system «ConsultantPlus. Version prof », but officially in the Bulletin of Bank of Russia it has not been published.

It is obviously necessary to consider the problem on publication of typical positions about the settlement-cash centres and territorial establishments of Bank of Russia in the Bulletin of Bank of Russia and not to use in this case an exception provided by item 7 of the Law on Bank of Russia 2002 that normative acts become effective after 10 days after day of their official publication in the official publication of Bank of Russia - «the Bulletin of Bank of Russia», except for the cases established by Board of directors. The given offer is caused arising on practice in litigations by questions in the relation neopublikovanija Positions about territorial establishments of Bank Rossii1.

In aspect of realisation of a principle of the centralised construction of system of the Central Bank of the Russian Federation in interrelation with questions of improvement of quality of realisation normotvorcheskoj and transparentnosti financial activity of Bank of Russia it is obviously important to function of Bank of Russia to consider the problem also on the state registration of typical positions about the settlement-cash centres and about territorial establishments of Bank of Russia in connection with following circumstances. According to item 7 of the Law on Bank of Russia 2002 normative acts of Bank of Russia should be registered in an order established for the state registration of standard legal acts of federal enforcement authorities. In Rules of preparation of standard legal acts of federal enforcement authorities and their state registration, the Russian Federations approved by the Governmental order from August, 13th, 1997 № 1009, it is specified, that the standard legal acts establishing a legal status of the organisations, come under to the state registration and official publication when due hereunder (subitem 10 and 17). In Explanations about application of Rules of preparation of standard legal acts of federal enforcement authorities and their state registration, approved the Order of the Ministry of Justice of the Russian Federation from July, 14th, 1999 № 217 [132] [133], enters the state registration of the standard legal acts establishing a legal status of the organisations - typical, approximate positions (charters) about bodies (for example, territorial), the organisations subordinated to corresponding federal enforcement authorities, and also the organisations establishing a legal status which are carrying out according to the legislation of the Russian Federation separate most important state functions (podp. Item 12).

Thereupon there is a question, how much Position about RKTS and Position about territorial establishments of Bank of Russia can be carried to normative acts of Bank of Russia, establishing an order of functioning of system of Bank of Russia and a subject of the state registration agree item 7 of the Law on Bank of Russia Is thought 2002, that nevertheless pravoustanavlivajushchie documents have an external orientation and come under to the state registration in Ministry of Justice of Russia and to publication in the Bulletin of Bank of Russia.

With reference to financial activity of the Central Bank of the Russian Federation the principle of a combination of collective nature and one-man management in management of Bank of Russia is legislatively accurately fixed. It is shown in definition of the competence of National financial council (before National bank board), Board of directors of Bank of Russia, the Chairman of the Central Bank of the Russian Federation, Committee of bank supervision, Committee of financial supervision. The listed subjects are mentioned in the Law on Bank of Russia 2002 (in red. From July, 21st, 2014).

The nature of National financial council (earlier - National bank board) from the point of view of fastening and realisation of a principle of independence of activity of the Central Bank of the Russian Federation and a principle of the accountability of the Central Bank of the Russian Federation is difficult, that also brings an attention to the question on search of optimum forms of a combination of the specified principles in financial activity of the Central Bank of the Russian Federation. The order of formation of National financial council (National bank board) and legislative definition of its competence reflect development of a principle of the accountability (liability for control) of activity of the Central Bank of the Russian Federation. In the competence of National financial council (National bank board) it is possible to allocate the control for external and internal functions of the Central Bank of the Russian Federation.

In a science opinions on a certain share of illegality of the status of National bank board because with - public to the Law on Bank of Russia National bank board are expressed 2002 as the collegiate body of Bank of Russia is allocated by a number of solving powers unlike formation of National bank board as advisory body under the Law on Bank of Russia 1995 1 offers on inclusion in structure of National bank board of representatives of bank community and scientific about - 2 Continue to express

shchestvennosti.

The circumstance at which concerning the new document - the project of the basic directions of development and maintenance of stability of functioning of the financial market of the Russian Federation (gl VII. 1 «Development of the financial market of the Russian Federation and maintenance of stability of its functioning» the Law on Bank of Russia, it is entered by the Federal act from July, 23rd, 2013 № 251-FZ) - powers of National financial council about its consideration unlike obligatory consideration by National bank board (National financial council) the project of the basic directions of a uniform state monetary and credit policy and the basic directions of a uniform state monetary and credit policy (item 5 of item 13 of the Law on Bank of Russia 2002) are not fixed demands more steadfast attention.

Consideration by National financial council of the project of the basic directions of development and maintenance of stability of functioning of the financial market of the Russian Federation is possible will be carried out within the limits of such power, as consideration of questions of development and perfection of the financial market of the Russian Federation, perfection of bank system of the Russian Federation (updated item 4 of item 13 of the Law on Bank of Russia 2002). [134 [135]

Indirectly powers of National financial council about consideration of the specified document are reflected in the Law on Bank of Russia at fastening of powers of Board of directors of Bank of Russia. Point 1 of item 18 of the Law on Bank of Russia from July, 23rd, 2013 № 251-FZ with reference to functions of Board of directors is stated by the Federal act in the following edition: in interaction with the Government of the Russian Federation develops the project of the basic directions of a uniform state monetary and credit policy, the project of the basic directions of development of the financial market and the basic directions of a uniform state monetary and credit policy and represents these documents for consideration to National financial council, and also to the President of the Russian Federation, in the Government of the Russian Federation and the State Duma according to articles 45 and 45.3 Laws on Bank of Russia, provides performance of the basic directions of a monetary and credit policy and the basic directions of development of the financial market.

It is thought, that accurate fastening of powers of National financial council about consideration of the project of the basic directions of development and maintenance of stability of functioning of the financial market of the Russian Federation in article fixing powers of National financial council (item 13 of the Law on Bank of Russia 2002), will promote clearness of realisation of a principle of a combination of collective nature and one-man management in management of Bank of Russia.

Control powers of National financial council in connection with transfer of the Central Bank of the Russian Federation of powers on regulation, the control and supervision in sphere of the financial markets have received the further development. For example, by the Federal act from July, 23rd, 2013 № 251-FZ it is defined, that the constituting competence of National financial council consideration presented by Board of directors of Bank of Russia of policy on prevention, revealing and management of conflicts of interests is at realisation by Bank of Russia of the functions provided by federal acts, and a summer residence of recommendations about the specified policy.

The stated testifies not only to strengthening of a principle of the accountability of the Central Bank of the Russian Federation, but also about strengthening of a principle of collective leadership in decision-making in financial activity of the Central Bank of the Russian Federation. Strengthening of a principle of collective leadership in decision-making in financial activity of the Central Bank of the Russian Federation is observed and at the analysis of such collegiate body of Bank of Russia, as Board of directors.

In a combination of a principle of one-man management and a principle of collective leadership in management of Bank of Russia it is necessary to solve a problem of optimum distribution of functions.

According to Federal act item 83.1 «About the Central bank of the Russian Federation (Bank of Russia)», brought by the Federal act from July, 23rd, 2013 № 251-FZ with a view of prevention, revealing and management of conflicts of interests at realisation of the functions provided by federal acts, the Bank of Russia is obliged to provide division of powers between vice-presidents of Bank of Russia, heads of independent structural divisions, including at monetary and credit policy realisation, management of gold and exchange currency reserves, realisation of bank regulation and supervision, regulation, the control and supervision in sphere of the financial markets.

Thus, concerning 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 - it is necessary to note their orientation on clearness of the internal self-organising allowing with due efficiency to carry out fixed functions and to reach the established purposes of activity of Bank of Russia.

The stated positions confirm an urgency of search of optimum forms of a combination of a principle of independence and a principle of the accountability of the Central Bank of the Russian Federation in its financial activity.

2.3.

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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

More on topic a role of base and organizational-functional principles of financial activity of Bank of Russia in improvement of quality of realisation of its competence:

  1. influence of principles of the financial right on formation and realisation of principles of financial activity of Bank of Russia
  2. concept and system of principles of financial activity Bank of Russia
  3. § 1. Bank system of Russia and its role in financial activity The states.
  4. a role of a status principle - a principle of compulsion of normative acts of Bank of Russia in legal maintenance of its financial activity
  5. a principle of financial safety in maintenance of financial activity of Bank of Russia
  6. 3.1. A principle of protection by Bank of Russia of the rights of subjects of financial legal relations in the field of financial activity
  7. 1.1. The General characteristic of standard base and powers of territorial establishments of Bank of Russia on exchange control realisation
  8. § 2. Features of the public status of the Central bank of the Russian Federation and its role in financial activity of the state
  9. concept and the maintenance of financial activity of Bank of Russia
  10. 2,1 portfelnyj the approach as a way of improvement of quality of services of a bank of commerce
  11. CHAPTER 2. REALIZATION OF PRINCIPLES OF FINANCIAL ACTIVITY OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION
  12. CHAPTER 3. DEVELOPMENT OF PRINCIPLES OF FINANCIAL ACTIVITY OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION
  13. § 2. Features of legal regulation of realisation by Bank of Russia of supervision of activity of the credit organisations
  14. § 2. Organizational forms of activity of law-enforcement bodies on maintenance of realisation of the political rights and freedom of citizens in Russia