<<
>>

THE BASIC MAINTENANCE OF WORK

In introduction the urgency of the chosen theme is proved, the object, a subject, the purpose, the primary goals are established, degree of a scientific readiness is analyzed, the methodological base, standard and theoretical bases of research, its novelty, and also, the theoretical and practical importance of the received results is stated.

Data on approbation and introduction of scientific results are resulted. The positions which are taken out on protection are formulated.

Chapter 1 of "the Tendency of development of the legislation regulating bank activity» is devoted theoretical research of evolution of the foreign and Russian legislation regulating bank activity.

In the first paragraph «Formation of the legislation,

Regulating bank activity in foreign countries »the author investigates formation and development of relations in sphere of bank activity. Research shows, that legal regulation of bank activity began to be carried out from the beginning of active influence of the last on social and economic development of the states, i.e. since then when banking systems became necessary and integral structural elements of economy.

As occasion to occurrence of bank interstate systems such economic preconditions, as refusal of barter and transition to monetary methods of payment have served. Active development of a trade turnover became the reason of fast formation of bank relations during the Italian period of genesis of a commercial law.

Research has shown, that, despite affinity of relations and active cooperation of the European countries of continental Europe, English and American banking systems, legal regulation of bank activity in the countries of the English-Saxon and romano-German right has considerable distinction. So, for example, regulation of bank activity in the Great Britain differs the functional approach. Not giving definition to the subject of bank activity, the right establishes criteria of activity of banks and them reputatsionnye characteristics.

If to consider a legal status of the subject of bank activity in the countries of the romano-German legal family, for example, in Germany, banks are subject to the difficult legislatively fixed administration.

The analysis of the banking legislation of the states entering into the European Union, has allowed to draw a conclusion, that banking systems of the specified countries became elements of the European system of central banks, thus, have partially lost the independence. Having delegated the economic sovereignty to the European central bank, the countries-participants

Have limited itself in the right of protection of the national interests. Thus, declared protection of the all-European interests, promotes harmonisation of the national legislations regulating bank activity, however does not give possibility to the European Union countries-participants in full to use all legal tools in interests of own economy.

The paragraph of the second «Evolution of the legislation regulating

Bank activity in the Russian Federation »it is devoted the analysis of legal regulation of bank activity in Russia.

The relations characterised as credit, in Russia have arisen much later, than in the countries of Europe owing to what and the legal regulation for the first time have received only in IX century. The system organisation of bank activity has begun in XIII century and depended on the monarchical discretion, owing to that the first banks and bank offices opened imperial decrees.

The apogee of growth of bank sector of imperial Russia has fallen to the end of XIX century when in the country 511 establishments and 461 their branch operated, credits engaged in delivery. In 1917 after nationalisation of banks, bank activity as enterprise in Russia has ceased to exist.

The modern Russian banking system differs from foreign analogues big tsentralizovannostju managements. It visually shows a legal status of Bank of Russia being a megaregulator for all financial institutions of the country and possessing much more the big powers, than its western analogues. Considering it, there is a question on increase in the list of legal tools which the Central bank of the Russian Federation could use for the decision of problems facing to it.

The author marks appreciable expansion of legislative regulation of bank activity which is connected, first, with growth of spheres of public relations, owing to the objective economic

The validity appeared in sphere of influence of a financial sector of economy; secondly, with growth transparentnosti and harmonisation of a banking system for foreign investors and its aspiration to integration into economic.

Thus Russia, adhering to a vector of unification of the bank right for the purpose of activization of economic cooperation with the foreign states, reserves possibility to carry out national protectionist to the policy.

In the second chapter «Legal bases of realisation of bank activity as socially significant kind of enterprise activity» are investigated questions of bank activity from a position of its social importance for a society and the state.

In the first paragraph «Concept of bank activity and its value for social and economic development of the country.« Bank activity "and" the market of banking services »» the author notices a parity of concepts, that representing set of the public relations regulated by various branches of the right, bank activity has no legal definition, besides instructions of the federal legislator on its sources of regulation and the list of the bank transactions making only a part of volume of activity, carried out by the credit organisations in the financial market. The same uncertainty exists concerning concept «the market of banking services».

Research has shown, that the credit organisations, carrying out bank activity, give a wide spectrum of financial services, to render which to them directly it is not forbidden by the law. Thus, activity of the credit organisations is beyond sphere of the market of banking services that demands fastening not only in norms of the Federal law «About banks and bank activity», but also in its name.

The second paragraph «the Combination of private and public interests at realisation of bank activity. Legal bases of realisation of social responsibility (social functions) at realisation of bank activity» it is devoted research of a parity of the private and public beginnings in bank activity as determinant of result of efficiency of functioning of all banking system and volume of its social component.

Revealing private and public spheres of interests in bank activity, the state should establish that minimum

Imperative influence on the credit organisations by means of publicly-legal regulation without which it is impossible to solve public economic and social problems.

The question of a parity of private and public interest concerns also debtor-creditor relations. In research it is noticed, that introduction of institute of bankruptcy of citizens will not give effective legal tools to creditors for stabilisation of the situation connected with a reflexivity of extra money resources. The author considers, what even in short-term prospect such measure as bankruptcy, will not change the relation of citizens to the obligations.

Not challenging inadmissibility of a primacy of private interest of bank at the expense of negation or belittling of interests of its counterparts and the more so the states as a whole, it is obvious, that it is impossible to neglect interests of the bank since it can lead disbalansu a banking system, and as a result to devaluation of the importance of bank sector.

In the third paragraph «Classification of legislative requirements and the restrictions connected with realisation of bank activity» are investigated features of acquisition of a legal status of the subject of bank activity, and also the legislative interdictions limiting the credit organisations in their enterprise activity.

Research has shown, that standard legal restrictions and requirements to bank activity have system character and are directed on minimisation of the risks accompanying the given kind of enterprise activity. The bank of Russia, using the licence withdrawal right as the influence tool on the credit organisations, stimulates the given subjects to observe the rules directed on decrease of risks, accompanying bank activity. Now there is a toughening of a policy of a regulator regarding supervision of bank activity, restriction of degree of enterprise freedom of the credit organisations is thus observed.

The author considers, that excessive supervising influence of a regulator including on independence of banks in separate private questions, and also application to them of superfluous sanctions, can aggravate financial problems of the credit organisations only. In research it is offered to lower the level of requirements shown to the credit organisations, having given has more independence, and not only at the expense of improvement of quality of assets, but also at the expense of perfection of legal mechanisms of realisation of responsibility before counterparts.

In the third chapter «the Basic directions and prospects of perfection of legislative regulation of bank activity» are investigated the relations connected with investment and innovative activity of banks, and also the norms regulating the relations of a competition in a banking sector are analyzed.

The first paragraph «Perfection of legal bases of investment bank activity» is devoted the analysis of the legislation regulating investment activity of the credit organisations.

The crisis phenomena in economy can lead to re-structuring of all banking system, having induced last to increase volumes in an investment field of activity which, unlike depozitarnoj and credit, gives to banks considerably bolshy a resource

Capitalisations and lengthenings of resource base, that considerably raises stability of their activity.

In Russia there is no the special legislation regulating investment activity of banks. At its realisation the credit organisations are guided by the general norms of the right regulating both bank activity as a whole, and relations in sphere of investments that is represented incorrect.

The author notices, that investors have no necessary volume of guarantees which would protect their rights to investments. It concerns also the subjects participating in priority capital investment projects. The state, establishing for such persons special preventsii, limits to their seven-year term that is obviously not enough for a recoupment of long projects, and on prolongation of the term specified in the law it is impossible to consider the governmental discretion as the legislative requirement. The author of dissertation considers necessary more differentsirovanno to approach to banks-investors and legislatively to guarantee stability of their position, without dependence against changes in the legislation, in a current of all time of recovery of outlay of a priority capital investment project.

Research has shown, that the legislation regulating investment bank activity, and judiciary practice,

Resolving matters in dispute in this area, were developed in full by legal criteria which could establish all circle and the maintenance of investment relations so also state regulation of the given relations has the limited character.

In the second paragraph «Legal problems of realisation of innovative bank activity» norms are analyzed,

Regulating the activity of the credit organisations connected with innovative development of all spheres of economy. It is necessary to notice, that innovative activity of the credit organisations means two directions - perfection of financial technologies in the most bank sector and investment activity of the credit organisations in relation to innovative business. Two specified directions of innovative activity, both in themselves, and concerning other sectors of the market, can be realised by banks simultaneously, without occurrence of a methodological dichotomy since the decision of problems on support of innovative manufactures demands creation of the tools, capable to increase internal investment activity.

Research has shown backlog of innovative development of a financial sector of the Russian economy from front lines in this area of foreign financial systems that testifies to insufficiency of state regulation in this sphere. It is connected including that occurrence of innovative institutes much more advances their legal regulation and, accordingly, their introduction considerably brakes. Moreover, the more considerably innovations reduce financial risks, the navjazchivee and the bank control becomes more expensive, that as a result adversely affects introduction of innovations.

The author pays attention that before something to regulate, it is necessary to be defined with object reguljatornogo influences. If many spheres of the market can cope at regional level where the regulation of innovative activity the bank sector, owing to the law, is regulated by exclusively federal legislation has moved. Accordingly, for elimination

Difficulties in rationing of actions of banks in innovative sphere, and in the long term, for the purpose of effective integration of bank Russian technologies into global innovative system, it is necessary to fix concept of innovative bank activity legislatively.

The third paragraph «Legal maintenance of development of a competition in sphere of bank activity» is devoted the analysis of the legislation regulating a competition among the credit organisations.

The author notices, that the banking system is specific, individual and has the features which do not allow to apply to it in full general provisions of institute of protection of a competition. With reference to banks, the competition should be qualified as imperfect since actions of market participants are strictly regulated, including in questions of a choice of tactics and rivalry strategy among themselves.

Such position can have negative consequences for a domestic banking system since in the near future, on a level with the Russian credit organisations in the Russian market will render services banks of the foreign states entering into the Euroasian Economic Union and not falling under Russian bank supervising requirements. In this case the Central bank Russian cannot influence to the full competitive relations between banks. For protection of interests of domestic banks the Bank of Russia should liberalise the requirements to them.

The author pays attention to the banking system superiority where banks have universal character. It allows the last to compete not only in the branch, but also out of it (an interbranch competition). In aggregate, traditional bank activity and investment, reduce risks for the credit organisations which are always characteristic for the business limited to one market segment.

In the conclusion are summed up dissertational research. Research of relations in sphere of bank activity has shown their specificity and versatile character that has predetermined necessity of their complex legal regulation.

In research the conclusion is drawn on insufficient legal regulation of bank activity in a part: terminological definition of the most bank activity, its parity with the market of banking services, investment and innovative activity.

The research spent in presented work, has allowed not only to designate separate problems of the current legislation in sphere of bank activity, to formulate the generalised positions and the author's definitions reflecting scientific novelty and the theoretical importance of dissertational work, but also to offer the decision of the revealed problems.

<< | >>
A source: Ruchkin Rostislav Olegovich. LEGAL REGULATION of BANK ACTIVITY In the RUSSIAN FEDERATION. 2016

More on topic THE BASIC MAINTENANCE OF WORK:

  1. THE BASIC MAINTENANCE OF WORK
  2. the Basic maintenance of work
  3. THE BASIC MAINTENANCE OF WORK
  4. THE BASIC MAINTENANCE OF WORK
  5. the BASIC MAINTENANCE of WORK
  6. THE BASIC MAINTENANCE OF WORK
  7. THE BASIC MAINTENANCE OF WORK
  8. THE BASIC MAINTENANCE OF WORK
  9. THE BASIC MAINTENANCE OF WORK
  10. II. THE BASIC MAINTENANCE OF WORK
  11. the Basic maintenance of work
  12. THE BASIC MAINTENANCE OF WORK
  13. THE BASIC MAINTENANCE OF WORK
  14. THE BASIC MAINTENANCE OF WORK
  15. THE BASIC MAINTENANCE OF WORK
  16. THE BASIC MAINTENANCE OF WORK