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§ 1. The basic directions of perfection normotvorcheskoj functions of Central bank of the Russian Federation in the field of monetary and credit relations

Qualitative legislative activity of regulatory authorities and normotvorcheskaja activity of Central bank of the Russian Federation should be the basic maintenance of state regulation in denezhnokreditnoj to sphere of the Russian Federation.

Bases normotvorcheskoj functions of Bank of Russia have legislative fastening. According to item 7 of the Federal law «About Central bank of the Russian Federation (Bank of Russia)» rules of preparation of statutory acts of Bank of Russia are established by Bank of Russia independently. Position of Bank of Russia from September, 15th, 1997 № 519 (in edition of Instructions of bank of Russia from June, 24th, 1998 № 268) [750] «About an order of preparation and coming into force of statutory acts of Bank of Russia», published on the basis of already become invalid federal law now operates. Therefore the specified statutory act of Bank of Russia about rules of preparation of statutory acts of Bank of Russia requires updating taking into account coming into force of the new Federal law «About Central bank of the Russian Federation (Bank of Russia)» and positions of the Concept of administrative reform in the Russian Federation in 2006-2008, including about introduction of examination of standard legal certificates on korruptsiogennost.

Introduction of practice of anticorruption examination of bills and other standard legal certificates is planned within the limits of carrying out of administrative reform in 2006 and 2007 Introduction of examination of standard legal certificates and their projects on korruptsiogennost is considered in aspect of optimisation of functions of enforcement authorities and corruption counteractions. Within the limits of actions for introduction of examination of standard legal certificates on korruptsiogennost techniques of primary and specialised (subject) examination of operating standard legal certificates and brought projects will be developed, their examination is spent, and on the basis of its results changes for entering into standard legal certificates and brought projects are prepared. Quality improvement normotvorcheskoj to function of Bank of Russia will be promoted by introduction of examination of standard legal certificates of Bank of Russia and their projects on korruptsiogennost.

We agree with S.Mironov's opinion by which words the domestic legislation «fragmentary and not system», the government "presses through" the bills in parliament. Authors of the report «About a condition of the legislation of the Russian Federation. Legislative maintenance of the basic directions internal and foreign policy in 2005» recognise, that «the correction legislation in our country has avalanche character for that« hardly it is possible

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To find a distinct explanation ». In this connection normotvorcheskaja function of Bank of Russia should be directed on ordering and streamlining of the banking legislation which as the regulation tool develops constantly, improved, that is is in constant dynamics. In foreign countries legislation evolution has been directed, first of all, on increase of efficiency of a banking system [751 [752] [753]. One of directions of evolutionary development is constant addition and amendments to the banking legislation. Thus, normotvorcheskaja function of Bank of Russia raises efficiency of all banking system.

Realisation normotvorcheskoj basically is directed function of Bank of Russia on perfection of bank sector. The bank of Russia during work on perfection of bank sector and bank supervision is guided by Strategy of development of bank sector of the Russian Federation till 2008. In turn the Association of the Russian banks at XVI congress also has confirmed own Strategy of increase of competitiveness of a national banking system of the Russian Federation [754]. In both strategy the big attention is given perfection of bank supervision. As increase of efficiency of the organisation of a banking system strengthening of the co-ordinated work of Bank of Russia with bank community is provided.

Strategy of Bank of Russia gives special attention to development such concerning segments new to the Russian financial market, as small-scale business crediting, a farm-mortgage lending and consumer crediting; to questions of increase of efficiency of bank supervision, formation of system of insurance of bank contributions [755].

Activity of Bank of Russia on realisation of its Strategy is carried out in three directions.

1) Participation in working out of corresponding legislative decisions and acceptance of own statutory acts directed on increase of a financial soundness, increase in competitiveness of the Russian credit organisations, strengthening of protection of interests of investors, creditors and investors, trust strengthening to bank sector. O.V.Vjugin, being the First vice-president of Bank of Russia, in the interview of edition of magazine «» has underlined Money and the credit: «With a view of development of tools of the financial market the Bank of Russia together with the Government of the Russian Federation and in interaction with legislature will concentrate efforts to working out and acceptance of the statutory acts providing possibility of high-grade use by participants of the monetary, share and currency markets of tools, widely and successfully applied in the countries both with market, and with developing economy» [756 [757].

2) Continuation of realisation of the measures directed on perfection of bank supervision. In sphere of bank supervision the Bank of Russia develops substantial (risk-focused) approaches. The estimation of quality of internal processes and control structures is put in a basis of new methodology of supervision

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Control systems of risks in banks of commerce. The important role in generalisation of the international experience and working out of new approaches and supervision principles is played by activity of Basel committee on bank supervision [758]. Actions of Bank of Russia all is actually mentioned «a supervising cycle»: licensing of the credit organisations, current supervision of their activity, inspection, financial improvement, actions for their liquidation [759].

3) Consecutive realisation of the legislation on counteraction to washing up of criminal incomes and financing of terrorism [760].

Realisation of the specified directions will demand from Bank of Russia, including acceptance of standard legal certificates. We will analyse the given directions though, in our opinion, their allocation is rather conditional. All of them are interconnected, and all serve one purpose - maintenance and protection of stability of the native currency, that is financial stability. It is necessary to note necessity of the complex approach at realisation by Bank of Russia normotvorcheskoj functions on bank regulation and bank supervision, exchange regulation and currency exchange regulation, and also obshcheekonomicheskim to questions. The interesting thought is stated by V.S.Utkin that «the main objectives put by the law before Bank of Russia, - protection and maintenance of stability of rouble; development and strengthening of a banking system of the Russian Federation, maintenance of effective and uninterrupted functioning of a payment system, it is possible to formulate and as an overall aim - maintenance of financial stability».

The mentioned author fairly believes, that «maintenance of financial stability means: carrying out course and the currency policy directed on equation of the balance of payments of the country; carrying out of the percentage policy directed on deduction of inflation at level established by a monetary and credit policy; carrying out of a policy of bank regulation and the supervision, directed on maintenance of a financial soundness of the credit organisations; carrying out of emission policy for the purpose of maintenance of requirements of economy in money resources; maintenance of effective and uninterrupted functioning of a payment system, including refinancing of the credit organisations». The similar economically proved approach testifies to increase of a regulating role of legal certificates of Bank of Russia in questions of influence on maintenance of financial stability in the state.

Strengthening of a financial soundness of bank sector is one of the main objectives facing to banking supervisor authorities. According to the director of department of bank regulation and supervision of Bank of Russia Alexey Simonovskogo Banka Rossii is prepared by the statutory act project on a financial soundness of banks. The bank of Russia plans to make changes to [761 [762] standard base on supervision according to those recommendations which have been developed as a result of action joint with TASIS and project EU «Bank supervision and the reporting». The bank of Russia together with TACIS has presented the modernisation project prudentsialnoj to the reporting of banks [763]. Subsequently the Bank of Russia plans to consider offers in the statutory acts, but it will occur not earlier than 2009-2010.

Task in view realisation is taken as a principle the new Basel agreement under the capital (Basel II). The agreement can be interpreted as the new philosophy of bank supervision reflecting modern lines of development of a banking. The new Basel agreement represents the detailed document consisting of three blocks: requirements to the minimum size of the capital, bank supervision and a market discipline. The second component of the new Agreement on sufficiency of the capital provides increase of a role of the internal control in the banks which key position is the internal audit service. Besides, the second component represents to supervising bodies the right to establish for banks individual values of sufficiency of the capital which can depend including on quality of control systems of risks and the internal control of banks [764].

It is supposed, that the combination of these components can provide increase of efficiency of bank regulation and stability of financially-bank systems. New specifications of sufficiency of the capital are supposed to be installed roughly in the end of 2006 - the beginning 2007 [765] Now in Russia the credit organisations as a whole can be divided on two groups: what have low enough level of readiness to introduction of new principles of Basel committee (57,2 %), and what have already begun active process of construction risk-focused of management according to Basel II (42,8 %). The bank of Russia continues dialogue with bank community and creates reguljativnuju the environment of the maximum preference of introduction of Basel II. About it it was spoken at III International bank forum «Banks of Russia - the XXI-st century» - organised by Association of regional banks of Russia at support of the World bank, passed on September, 1st-3, 2005 in Sochi.

Perfection normotvorcheskoj functions of Bank of Russia in the Basic directions of a uniform state monetary and credit policy for 2006 is also a priority problem. Among important before Bank of Russia there are following questions:

1) development of the standard base regulating procedures of merges and joinings, directed on removal of excessive administrative procedures, optimisation of processes of consolidation at due level of protection of the rights of creditors and investors;

2) maintenance of functioning of the Central catalogue credit is-18

torii;

3) work continuation on realisation of positions FZ «About payments of Bank of Russia under contributions of physical persons to the banks recognised as bankrupts which are not participating in system of compulsory insurance of contributions of physical persons in banks of the Russian Federation». Among banking legislation priorities by an unanimous recognition as representatives of legislative and executive branches of the power, and bank community - creation in Russia systems of warranting of bank contributions of physical persons [766 [767] [768]. It is possible to agree, with that point of view, that working out of protection frames of the rights and interests of investors and the mechanism of realisation of this protection should pass in Russia not at level chastnopravovyh approaches, and by an establishment publichnopravovyh requirements and rules. At legislative level creation of the normal mechanism of realisation of interests and protection of the rights of the citizens who are economically, in particular, should be provided and is information weaker participants of market relations. In this respect stabilising role the acts establishing guarantees of return of means involved with banks of citizens and indemnification of loss of incomes on committed facilities should play;

4) work on preparation for introduction of the international approaches for an estimation of sufficiency of the capital of the credit organisations defined by Basel committee on bank supervision within the limits of the Advisory document «the international convergence of change of the capital and standards kaptala: new approaches» and others [769].

In the Basic directions of a uniform state monetary and credit policy for 2006 working out of following statutory acts is provided:

1) working out of statutory acts of Bank of Russia, establishing: criteria of an estimation of business reputation of founders of the credit organisations and the persons getting more of 10 percent of actions (shares) of the credit organisations, the officials occupying supervising posts in the credit organisations, members of boards of directors (supervisory boards) of the credit organisations; — on the basis of legislative norms an order of representation of data on real owners of the credit organisations in the credit organisations and in Bank of Russia;

2) working out of the statutory act of Bank of Russia providing features of carrying out of checks of multifilial banks;

3) working out of the statutory act of Bank of Russia defining features of interaction of structural divisions of Bank of Russia at the organisation and carrying out of checks of banks with participation of employees of the state corporation «Agency on insurance of contributions»;

4) working out of standard and other documents of Bank of Russia regarding methodical maintenance of preliminary preparation for carrying out and carrying out of checks of the credit organisations, including concerning an estimation of reliability of the account (reporting) of the credit organisations, an estimation of a control system of risks in the credit organisations, estimations of size and sufficiency of internal funds (capital) of the credit organisations, estimations of an asset quality of the credit organisations;

5) working out of conceptual approaches to carrying out of checks of the credit organisations with attraction of the auditor organisations;

6) preparation together with bank community of projects of standard documents of Bank of Russia, directed on introduction of Basel II in practice of the Russian banking system.

Since 1999 the Bank of Russia makes a financial accounting on MSFO. The international standards of a financial accounting is nadnatsionalnye standards, the uniform arch of global standards of a financial accounting high-quality, clear and having a validity which demand the high-quality, transparent and comparable information in a financial accounting to help participants in the conditions of the various markets of the capital and to other users of the information to make economic decisions. Addressing to bank conference in London, the first vice-president of Bank of Russia Tatyana Paramonova has noticed, that transition of the Russian banks to the International standards of a financial accounting (MSFO) found Bank of Russia seriously to reflect on a state of affairs in a banking sector. More than 900 Russian banks have passed for the first time on MSFO. Thus from 900 banks 600 on MSFO I have the capital more low, than under the Russian standards of the reporting [770].

The committee of the State Duma on the credit organisations and the financial markets recommended to approve in the first reading the bill establishing the minimum size of a shareholder's interest of banks - 5 million euro. However the considerable part of banks can not approach under new standards [771]. The law [772] almost literally repeats instructions of Bank of Russia № 1346: since January, 1st, 2007 the capital should be not less than 5 million euro in a rouble equivalent.

Banking legislation perfection should pass at active participation of Central bank of the Russian Federation, including by realisation by it normotvorcheskoj functions. One of the major actions of Bank of Russia on perfection of a banking system of the Russian Federation, bank supervision, the financial markets and a payment system are participation in preparation of changes and additions in FZ «About Central bank of the Russian Federation (Bank of Russia)» in a part:

1) definitions of powers of Bank of Russia on application «motivirovannogo (professional) judgement», including the authorised representatives of Bank of Russia at carrying out of checks of the credit organisations; definitions of powers of Bank of Russia on carrying out of checks of bank groups (bank holdings);

2) investment of Bank of Russia with powers on carrying out of an estimation of quality of management in the credit organisations and acceptances in need of their relation of decisions of supervising character.

The government of the Russian Federation had been confirmed the Program of social and economic development of the Russian Federation on intermediate term prospect (2006-2008) [773]. In it it was underlined, that now by the major factors constraining development of bank sector, the high made costs of conducting the bank business, level of protection of the rights of creditors - of pawnbrokers mismatching the international approaches, low level of a competition in a number of market segments of the banking services, an insufficient transparency of procedures of bankruptcy and liquidation of the credit organisations are. In the Program it is planned, that with a view of elimination of the factors constraining development of bank sector, and the decision of questions on effective accumulation by banks of money resources for their further transformation in the investment, and also strengthenings of protection of interests of creditors of banks and prevention of use of banks in unfair commercial and illegal activity the Government of the Russian Federation will direct the efforts to the decision of following problems:

institutsionalnoe development of bank sector: maintenance of the further development of system of insurance of contributions; simplification of procedures of merge and joining of the credit organisations; increase of requirements to the size of internal funds (capital) of the credit organisations; maintenance of functioning of system of a bureau of credit histories;

Growth of efficiency and transparency of bank activity: nedopushchenie investment of banks with functions unusual for them; reduction of forms of the reporting of the credit organisations and transition to reporting granting in electronic form; openness maintenance in activity of the credit organisations;

Corporate governance perfection (strengthening of a role and responsibility of board of directors (the supervisory board) the credit organisation, including introduction in its structure of independent directors and definition of the list of the questions carried to its exclusive competence) [774 [775]. The corporate governance is understood as system of mutual relations between company management, its board of directors, shareholders and other interested parties - employees, clients, suppliers, the public, supervision bodies, правительством27. Now corporate governance perfection has got legal character in connection with fastening of possibility of its estimation about adequacy Bank of Russia (for example, at the admission of banks in system of insurance of contributions), acceptance

Bank of Russia of the Letter dated on September, 13th, 2005 № 119 «About modern podho -

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dah to the corporate governance organisation in the credit organisations »which represents methodical recommendations of Bank of Russia in the given sphere.

The necessary legal precondition for realisation of principles of a corporate governance in the Russian Federation is the further perfection of the current legislation regulating questions of a corporate governance of the credit organisations, regarding an establishment of requirements about strengthening of a role and responsibility of board of directors, definition of the list of the questions carried to its exclusive competence. According to Strategy of development of bank sector of the Russian Federation for the period till 2008 expediently and definition in charters of the credit organisations of requirements to quantitative structure of board of directors, including introduction in its structure of so-called independent directors.

Stimulation of consumer crediting and crediting of the enterprises of an average and small-scale business: simplification of procedures of the reference of collecting about pledge from the credit organisations, expansion of the list of ways of maintenance of execution of obligations, and also unification of procedures of satisfaction of the requirements of creditors provided with pledge, including in the cases which have been not connected with liquidation and bankruptcy of the debtor; creation of system of registration of chattel mortgages and property rights (a registration bureau); perfection of legislative regulation is active - [776 [777] sti the microfinancial organisations; development of new market segments of the banking services focused on granting of a wide spectrum of bank products to the end user, first of all, in the field of retail consumer crediting and the mortgage; development of consumer crediting, including questions of maintenance of protection of the rights of citizens at use of such credits; Perfection of mechanisms of refinancing and management of liquidity of banks;

Perfection of bank supervision: continuation of the work directed on increase of qualitative parametres of the banking capital, updating of the capital generated with use of schemes of fictitious capitalisation, and prevention of use of such schemes; perfection of bank supervision of activity of the credit organisations on the consolidated basis, including the analysis of the risks arising at the credit organisations within the limits of mutual relations with physical and legal bodies, including with not credit organisations - participants of bank groups and bank holdings;

Participation of the state in the credit organisations: end of procedures of an exit of the state unitary enterprises from among founders (participants) of the credit organisations in 2006; strengthening of specialisation of banks from shares of participation of the state in an authorised capital on performance of the established state problems.

Realisation of the specified measures in the Program will lead to increase by 2009 of a parity of assets of bank sector to a total internal product from 42 percent (on the beginning of 2004) to 56 - 60 percent, the capital to a total internal product - from 6 percent to 7 - 8 percent given nefinansovomu of credits to a total internal product - from 18 percent to 26 - 28 percent.

Let's notice, that many of bills on banking legislation perfection reflect the tendency to definition of rules of the control over activity of the credit organisations, that, according to legislators, vme - ste with the bills caused by transition to the international standards of a financial accounting, conducts to more accurate rules and "transparent" actions of the credit organisations.

Normotvorchesky function of Bank of Russia also is directed on perfection of regulation of insurance of contributions of physical persons. V.Sergeeva's conclusion that positions of the Federal law «About insurance of contributions of physical persons in banks of the Russian Federation» «convincingly enough testify that the Russian banking system was enriched with qualitatively new institute deserves support. But also it is obvious, that this novelty should demand the most active efforts under the profound complex analysis of a practical solvency of all without an exception of elements of arising system of insurance of bank contributions and validity of positions of the Law corresponding to them with a view of the further perfection as them, and the bank theory and practice as a whole» [778 [779].

The federal law «About insurance of contributions of physical persons in banks of the Russian Federation» contains positions without a mention of statutory acts of Bank of Russia but which, in our opinion, demand acceptance of that kind of legal certificates by it. It is a question of fastening in podp. 4 items (parts) 3 items 6 of the specified federal law of position that the Bank of Russia under the Agency offer on insurance of contributions establishes the form of conducting the account of liabilities of bank before the investors, allowing bank to generate for any day the register of liabilities of bank before investors. Other similar position is fastening in item 1 of item 29 of the Federal law «About insurance of contributions...» Norms about that structure of the reporting of banks and other information, directed by Bank of Russia in Agency on insurance of contributions, and also direction term are defined by Bank of Russia in coordination with Agency. It is thought, that the specified questions (and the form of conducting the account, and structure of the reporting and other information) should be defined in the form of the statutory act of Bank of Russia as regulation of the given questions is reduced to an establishment of an obligatory rule of the behaviour calculated on long application. The regulation of the specified questions in instructions of operative character of Bank of Russia does not answer the nature of the given document as to the certificate of interpretation of the right calculated on application in system of Bank of Russia.

The bank of Russia at realisation pravotvorchestva should consider the following principles of regulation of movement of money resources of non-residents allocated with V.S.Utkin as one of possible ways of the decision of a question of maintenance of the financial stability promoting the decision of problems of a monetary and credit policy of the state: complex and temporary, public character of regulation; conformity of ways of regulation to a level of development of the national market; a combination of the given regulation with prudentsialnym bank supervision. It is thought, that the stated principles of regulation of a private question in the general file of problems of exchange regulation can be extended to the general approach in questions pravotvorchestva Bank of Russia in currency sphere.

Maintenance of financial stability should be officially designated as the purpose of activity of Bank of Russia - along with decrease in inflation and preservation of a steady rouble exchange rate. The purpose of financial stability is necessary for fixing in the Basic directions uniform state denezhnokreditnoj politicians [780 [781].

It is important, that the legislator at change of the Federal law «About Central bank of the Russian Federation (Bank of Russia)» vzveshenno made of the decision taking into account experience of activity of the main bank of the country in the conditions of market economy on maintenance of stability of the native currency; to bank regulation and supervision; to protection of interests of investors and creditors of the credit organisations; to maintenance of effective functioning of calculations; roles and values normotvorcheskoj functions of Bank of Russia in monetary and credit policy carrying out; legal regulation of bank activity.

Now pressing question about replacement of methodical recommendations of Central bank of the Russian Federation by the statutory acts accepted by it is discussed.

Other pressing question is revealing of features of statutory acts of Bank of Russia depending on subjects on which their action is calculated. So in the statutory act [782] Bank of Russia has established an order:

- Informings by a credit bank organisation of Russia on realisation of measures under the bankruptcy prevention;

- Presentations of the requirement of Bank of Russia about realisation of measures on financial improvement of the credit organisation;

- Presentations of the requirement of Bank of Russia about reorganisation of the credit organisation;

- Considerations by territorial establishments of Bank of Russia of the plan of measures on financial improvement of the credit organisation;

- Establishments of the control over realisation by the credit organisation of measures on financial improvement;

- Control of reorganisation of the credit organisation, influence measure of default by the credit organisation of requirements of the given instruction also has provided the typical form of the petition of the head of the credit organisation about realisation of measures under the bankruptcy prevention, and also typical forms of requirements of Bank of Russia.

The specified questions as it is represented, it is possible to divide on external, addressed to the credit organisation (an order of informing by a credit bank organisation of Russia about realisation of measures under the prevention the bankrupt - stva, the typical form of the petition of the head of the credit organisation about realisation of measures under the bankruptcy prevention) and the internal, concerning organisations of activity in Bank of Russia on realisation of legislatively assigned functions of bank supervision. In a considered situation, in our opinion, external questions should be regulated at legislative level. The bank of Russia at an establishment of an order of informing by a credit bank organisation of Russia about realisation of measures under the prevention of bankruptcy and the statement of the typical form of the petition of the head of the credit organisation about realisation of measures under the bankruptcy prevention (external questions) met a lack of the Federal law «About an inconsistency (bankruptcy) of the credit organisations» as in this part of procedural norms in the law it is not enough. In the relation of other questions which have received regulation in the considered instruction, named internal questions, it is necessary to pay attention that the Bank of Russia had the right normotvorchestva as it is connected with realisation of function of supervision of Bank of Russia behind activity of the credit organisations and falls under action of item 7 FZ «About Central bank of the Russian Federation (Bank of Russia)» according to which statutory acts of Bank of Russia are accepted on the questions carried by the legislation to the competence of Bank of Russia.

The stated position can be formulated as calculated on prospect, on specification normotvorcheskoj functions of Bank of Russia, focused on a legislation system analysis, the account of a demand of practice in regulating norms of Bank of Russia on application of this or that federal law mentioning bank activity.

Meanwhile, it is represented more proved to transfer practically expedient norms containing in statutory acts of Bank of Russia on level of the federal law. For example, the Federal law «About an inconsistency (bankruptcy)» (the general law) is detailed enough and contains necessary procedural norms. Similarly it is obviously necessary to settle this question in the special law - «About an inconsistency (bankruptcy) of the credit organisations» [783]. At banking legislation perfection about normotvorcheskoj functions of Bank of Russia for a basis it is possible to take the approach of the legislator provided in item Z item 1 FZ «About an inconsistency (bankruptcy) of the credit organisations» that statutory acts of Bank of Russia the relations connected with an inconsistency (bankruptcy) of the credit organisations, are regulated in the cases provided by the specified federal law.

Central bank of the Russian Federation as the body which is carrying out bank supervision, position FZ «About counteraction concerns also to legalisation (washing up) of the incomes received criminal by, and terrorism financing» that the control over execution physical and legal bodies of the specified federal law regarding fixation, storage and representation of the information on the operations which are subject to the obligatory control, and also over the organisation of the internal control is carried out by corresponding supervising bodies according to their competence and of an order established by the legislation of the Russian Federation.

It is interesting to notice, that originally on the given question the Central bank of the Russian Federation had been published the statutory act — • Position of Bank of Russia «About a procedure Bank of Russia of the control over execution by the credit organisations of the Federal law« About counteraction to legalisation (washing up) of the incomes received criminal by »from November, 28th, 2001 № 160-P [784], which, however, in the subsequent (approximately in a year)

p/:

It has been recognised by become invalid. In the statutory act of Bank of Russia about a recognition become invalid for the named position of Bank of Russia the bases, motives of its recognition become invalid are not resulted. This very day, when the statutory act of Bank of Russia about a recognition become invalid for the named position has been published, the Chairman of Bank of Russia signs the document which is not the statutory act of Bank of Russia, - instructions of operative character from December, 24th, 2002 № 177 with the similar name, as the become invalid Position: « About realisation by Bank of Russia of the control over execution by the credit organisations of the Federal law «About counteraction to legalisation (washing up) of the incomes received criminal by, and terrorism financing» [785 [786]. The bank of Russia, recognising become invalid the statutory act on the given question and publishing in exchange the document which is not the statutory act of Bank of Russia, started with inexpediency of regulation in the form of the statutory act of questions of the internal organisation in Bank of Russia on realisation of the functions assigned to it. It is thought, that this circumstance returns us to a problem of necessity of division of statutory acts of Bank of Russia on internal and external with legislative fastening of features of their preparation, acceptance and coming into force. Observance of uniform approaches by Bank of Russia to the form of legal regulation by Bank of Russia of public relations in monetary and credit sphere as on one questions of the internal organisation in Bank of Russia on realisation of the assigned functions statutory acts of Bank of Russia are published, and on other questions, also concerning is obviously important to the internal organisation in Bank of Russia on realisation of the assigned functions, the documents which are not statutory acts of Bank of Russia are published.

normotvorcheskaja function of Central bank of the Russian Federation has received positive development with reference to federal laws (ak - there the currency legislation of the Russian Federation) and to certificates of bodies of exchange regulation. Unfortunately, the similar regulation concerning certificates of bodies of currency exchange regulation in the analyzed law is absent, that will probably affect on departmental normotvorchestve.

The certain protective mechanism in removal of administrative barriers it is necessary to regard position ch. 6 items 4 FZ «About exchange regulation and currency exchange regulation» that all ineradicable doubts, contradictions and ambiguities of certificates of the currency legislation of the Russian Federation, certificates of bodies of exchange regulation and certificates of bodies of currency exchange regulation are interpreted in favour of residents and non-residents. As underlines A.Emelin, the specified position has been initiated by Association of the Russian banks and regarded ARB as the big victory, considering, that as judiciary practice on tax disputes in which it was applied similar under the maintenance of item 7 of item 3 of the Tax code of the Russian Federation shows, such norm gives to businessmen the effective weapon for struggle against an arbitrariness of officials.

It is thought, that on all questions carried by the legislator to regulation by Bank of Russia, having character of the general rules of the behaviour calculated on numerous application, addressed to an uncertain circle of persons, statutory acts of Bank of Russia should be accepted, instead of is simple written instruments that is not always observed in normotvorcheskoj to practice of Bank of Russia.

Certainly, on the specified questions the separate statutory act not necessarily should be accepted, the edition Bank of Russia of rules of law on the interconnected questions not in various, and in one statutory act is quite possible.

The constitution of the Russian Federation assigns to Bank of Russia a special order and independent konstitutsionno-right the status. Only function of maintenance of stability of rouble is transferred it. Thus any intervention in its activity on realisation of the specified constitutional function does not suppose - [787] sja. Thereupon perfection of norms of the legislation on bank activity should be focused on development of functions of Bank of Russia as operating federal financial organisation (with functions of body more accurately the power) with a view of: 1) strengthenings of the control over banks of commerce and behind order of account management of the federal budget at their service, 2) maintenance of uniform application of rules of calculations and crediting taking into account the international norms, 3) changes of the minimum size of an authorised capital and policy reserves of banks of commerce depending on social and economic requirements of a society and the market, 4) regulations of an order of distribution of additional incomes of the budget, profit of Bank of Russia, restrictions on purchase of securities in a foreign currency, 5) definitions of a legal status of public reserve, insurance, stabilisation monetary funds of Bank of Russia as parts of the federal property guaranteeing execution of budgetary and other commitments of finance of the state before the credit organisations, citizens and other participants financial deja -

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telnosti.

normotvorcheskogo process of Bank of Russia it is possible to name the important principle a consistency principle as statutory acts of Bank of Russia cannot contradict federal laws. It is important, that projects of federal laws, and also statutory acts of the federal enforcement authorities, concerning performance of the functions by Bank of Russia, go on the conclusion of Bank of Russia. But for today this legislatively fixed position it is already obvious insufficiently. Powers of Bank of Russia in area normotvorchestva require expansion at the constitutional level.

It is necessary to regulate pravotvorcheskuju function of Bank of Russia at level of the federal law with the subsequent development of positions of the federal law in statutory acts of Bank of Russia about a procedure it normotvorcheskoj functions. [788]

Paramount value has a stable order of preparation, acceptance and performance of regulatory legal acts of Central bank of the Russian Federation. Introduction of official and steady classification of legal certificates is complicated from - for delays of acceptance of the Federal law «About regulatory legal acts». Besides sharp necessity of the adoption of law defining hierarchy of regulatory legal acts has ripened, that, will certainly, positively affect a legality condition in the state.

So, having considered the basic directions of perfection normotvorcheskoj functions of Central bank of the Russian Federation, it is possible to draw following conclusions.

1. The basic maintenance of state regulation in denezhnokreditnoj to sphere of the Russian Federation should be qualitative normotvorcheskaja activity of Central bank of the Russian Federation. Bases normotvorcheskoj functions of Bank of Russia have legislative fastening. To quality improvement normotvorcheskoj to function of Bank of Russia will promote, including, introduction of examination of standard legal certificates of Bank of Russia and their projects on korruptsiogennost.

2. Normotvorchesky function of Bank of Russia is directed, first of all, on increase of efficiency of a banking system. The basic directions normotvorcheskoj functions of Bank of Russia, as a rule, are defined doktrinalnymi by documents, such as the Basic directions of a monetary and credit policy, Strategy of development of bank sector, the Program of the Government of the Russian Federation of social and economic development of the Russian Federation on intermediate term prospect.

3. The bank of Russia should accept the statutory acts directed on increase of a financial soundness, increase in competitiveness of the Russian credit organisations, strengthening of protection of interests of investors, creditors and investors, trust strengthening to bank sector.

4. The big attention in normotvorchestve Bank of Russia is given to perfection of bank supervision. The bank of Russia plans to make changes to standard base on supervision according to those recommendations which have been developed as a result of action joint with TASIS and project EU «Bank supervision and the reporting». Task in view realisation is taken as a principle the new Basel agreement under the capital (Basel II). At realisation normotvorcheskoj functions of Bank of Russia the international experience and international law is considered. As an example it is possible to result the international standards of a financial accounting also.

5. normotvorcheskoj function of Bank of Russia should carry perfection of legal base of insurance of contributions, struggle against illegal washing up (legalisation) of the incomes received criminal by to the important directions of perfection, the market of financial services, including financial intermediary.

6. It is necessary to strengthen legislative positions about features publicly-legal status 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 certificates of Bank of Russia at level of the federal law. It is necessary to divide statutory acts of Bank of Russia on internal and external with legislative fastening of features of their preparation, acceptance and coming into force. Observance of uniform approaches by Bank of Russia to the form of legal regulation by Bank of Russia of public relations in monetary and credit sphere as on one questions of the internal organisation in Bank of Russia on realisation of the assigned functions statutory acts of Bank of Russia are published, and on other questions, also concerning Is obviously important to the internal organisation in Bank of Russia on realisation of the assigned functions, the documents which are not statutory acts of Bank of Russia are published.

7. It is represented more proved to transfer practically expedient norms containing in statutory acts of Bank of Russia on level of the federal law.

Besides normotvorcheskoj it is necessary to improve functions and other functions of Central bank of the Russian Federation. The following paragraph of the given chapter is devoted it.

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A source: Pastushenko Elena Nikolaevna. Legal acts of the Central Bank of the Russian Federation: financial and legal aspects of the theory. Thesis for the degree of Doctor of Law. Saratov - 2006. 2006

More on topic § 1. The basic directions of perfection normotvorcheskoj functions of Central bank of the Russian Federation in the field of monetary and credit relations:

  1. § 1. The basic directions of perfection normotvorcheskoj functions of the Central bank of the Russian Federation in the field of monetary and credit relations
  2. § 1. The central bank of the Russian Federation as public authority in monetary and credit and bank spheres
  3. the Chapter IV. The basic directions of development of the status of Bank of Russia as public authority in monetary and credit And bank spheres
  4. system pravoobespechenija activity of the Central bank of the Russian Federation in the field of currency legal relations
  5. § 2. Functions of the Central bank of the Russian Federation at the present stage of development of the Russian state: the basic problems of an establishment and realisation
  6. § 2. Functions of Central bank of the Russian Federation at the present stage of development of the Russian state: the basic problems of an establishment and realisation
  7. § 3. The basic directions of perfection of remedial activity of boundary bodies of Federal security service of the Russian Federation in the field of protection of Frontier of the Russian Federation
  8. § 2. The organisation of clearing settlements in system of functions of the Central bank of the Russian Federation as body of state regulation of bank activity and its legal bases.
  9. the Chapter II. Activity of Bank of Russia in monetary and credit and bank spheres of the Russian Federation
  10. § 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
  11. § 3. Pravotvorchestvo in system of functions of Central bank of the Russian Federation
  12. § 3. Law-making in system of functions of the Central bank of the Russian Federation
  13. § 2.1. FEATURES LEGAL TO POSITIONS OF FUNCTIONS OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION
  14. § 3. The purposes and functions of legal certificates of Central bank of the Russian Federation