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the central bank of the Russian Federation in system of bodies and agents of exchange control

In developed by the present time in the Russian Federation to system of bodies and agents of exchange control the Central bank of the Russian Federation, acting simultaneously and body of currency regulation, and body of exchange control [71], undoubtedly, takes the central place.

The leading part of the Central bank of the Russian Federation in this system is caused by a number of circumstances.

Them first of all concerns normotvorcheskaja activity of Bank of Russia in the given sphere. As normative acts of Bank of Russia are obligatory for execution by all legal and the physical persons [72], published by it as body of currency regulation of position, instructions, the instruction cover practically all aspects of a regulation of currency legal relations [73].

Besides, to Bank of Russia podnadzorny currency stock exchanges and the authorised banks as the agents of exchange controls carrying out currency transactions and possessing the fullest information on foreign trade activities of residents and non-residents. All other bodies and agents of exchange control for realisation of the functions anyhow should contact to the authorised banks. Thus the Central bank of the Russian Federation, building the relations with other bodies of exchange control within their competence, provides according to the legislation interaction with them the authorised banks as agents of exchange control.

By the law of the Russian Federation “On currency regulation and exchange control” it is established, that exchange control in the Russian Federation is carried out by the Government of the Russian Federation (which differentiation of functions and interaction of federal enforcement authorities in the field of exchange control and their interaction with the Central bank of the Russian Federation provides), bodies of exchange control and agents of exchange control (the authorised banks accountable to the Central bank of the Russian Federation, and also the organisations accountable to federal enforcement authorities, according to the legislation of the Russian Federation).

The system of bodies of exchange control in the Russian Federation is presented besides the Central bank of the Russian Federation also by federal enforcement authorities within the competence established by federal acts, and also the federal enforcement authority authorised by the Government of the Russian Federation. Thus federal enforcement authorities carry out the control over fulfilment of currency transactions by residents and the non-residents who are not the credit organisations or currency stock exchanges.

Such distribution of directions of exchange control between bodies is introduced at legislative level for the first time. Earlier - till July, 2001 - it was defined [74], that exchange control in the Russian Federation is carried out by exchange control bodies - the Central bank of the Russian Federation, and also the Government of the Russian Federation according to laws of the Russian Federation [75] and their agents - the organisations which according to acts of the Russian Federation can carry out functions of exchange control,

Accountable to corresponding bodies of exchange control.

. It is necessary to note doubtless positive value of division of exchange control on the control over managing subjects and the control over banks and currency stock exchanges.

The question of differentiation of powers of bodies of exchange control throughout all existence of system of exchange control is the sharpest. Basically, being guided by the Law of the Russian Federation “On currency regulation and exchange control”, (and Bank of Russia, both the State Customs Committee of Russia, and other body) could check up and punish any body of exchange control for non-observance of the currency legislation the enterprise which is carrying out foreign trade activities, therefore there was a danger of approach of double responsibility for the same infringement.

Example of the crossed competence of bodies of exchange control is the arbitration business considered by Presidium of the Supreme Arbitration Court of the Russian Federation (the Decision from June, 29th, 1999 № 7838/98 '). The exporter has not enlisted a currency gain from export of goods, for as has been made accountable at first by territorial body at that time still Federal service of Russia under the currency and export control for infringement of the currency legislation (according to article 14 of the Law of the Russian Federation "On currency regulation and exchange control"), and then customs body for the infringement of the currency legislation which is simultaneously infringement of customs rules (according to article 201 of the Customs code of the Russian Federation). In this connection the exporter has been forced to address with the claim in court about a recognition of the decision of customs body the void. The presidium of the Supreme Arbitration Court of the Russian Federation has specified, that in this case infringement of the currency legislation is simultaneously infringement of customs rules, and as the claimant has already been involved to [76]

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Responsibility exchange control body for nezachislenie the currency gain, the bases for its repeated attraction to responsibility customs body in this part was not.

Allocation of currency stock exchanges as subordinated to Bank of Russia of subjects of exchange control also is a positive innovation of the legislator: earlier these subjects of the currency

The legal relations, playing the currency market the major role, dropped out of a legal regulation.

At the same time at all positive value of changes of article of the Law of the Russian Federation “On currency regulation and exchange control” about bodies and agents of exchange control definitively problem of differentiation of powers of bodies of exchange control is not resolved. Entering of respective alterations into other standard legal acts, definition of the mechanism of interaction, an exchange is necessary

The information between exchange control bodies. Besides, powers of bodies and agents of the exchange control, causing it is a lot of questions in connection with them nekonkretnostju, remained former. So, all bodies of exchange control within the competence can publish normative acts, obligatory to execution by all residents and non-residents in Russian Федерации1, all bodies of exchange control carry out the control over residents spent in the Russian Federation and non-residents currency transactions, behind conformity of these operations to the legislation, conditions of licences and permissions, and also behind observance of certificates of bodies of exchange control by them, spend checks of currency transactions of residents and non-residents in the Russian Federation, define an order and forms of the account, the reporting and the documentation on currency transactions of residents and non-residents. [77]

Attempts to differentiate the competence of bodies of exchange control were undertaken repeatedly. So, at meeting at the First vice-president of the Government of the Russian Federation V.B.Hristenko the decision that with a view of duplication and parallelism elimination in work of the Ministry of the Russian Federation under taxes and tax collections (the Ministry of Taxes and Tax Collection of Russia) on November, 3rd, 1999 was accepted, the State customs committee of the Russian Federation (the State Customs Committee of Russia) and yet not abolished then Federal service of Russia under the currency and export control (VEK Russia) practical activities of federal enforcement authorities in the field of exchange control will be meted in certain basic directions: MHC Russia will be provided with exchange control of the foreign trade contracts, which subjects have financially - the material form (work, services and intellectual property), validity of calculations and payments of residents and non-residents in a foreign currency within the customs territory of the Russian Federation, completeness of receipt to the Russian Federation no currency gain from export of works, services and intellectual activity; customs bodies - behind moving of currency of the Russian Federation, securities to currency of the Russian Federation and currency values through customs border of the Russian Federation, behind the currency transactions connected with moving or prospective moving through customs border of the goods and vehicles, behind timeliness and completeness of receipt to the Russian Federation a currency gain from export of goods, behind conducting the account and reporting drawing up on the currency transactions, the established State Customs Committees of Russia together with Bank of Russia; VEK Russia should carry out interdepartmental coordination and methodological maintenance of exchange control, including comprehensive planning of activity of supervising, law-enforcement and other federal enforcement authorities in the field of exchange control, revealing and the analysis of currency transactions of the residents having

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Suspicious signs, with a view of prevention of flowing off of capital abroad, target and complex checks of observance of the currency legislation under commissions of the Government of the Russian Federation (in territorial and branch cuts), maintenance of functioning of uniform system expert otsejki quantities and qualities valjutoemkih the exported goods, creation of uniform system of the account of currency transactions on realisation of the seafood extracted outside of the customs territory Russian Федерации1.

However, on legislative level detailed distribution of powers of bodies of exchange control is not taken out yet.

The rights and duties of officials of bodies and agents of exchange control under the Law of the Russian Federation “On currency regulation and exchange control” also remained former, without division into the organisations, which these officials represent. Officials of bodies and agents of exchange control within the competence of these bodies have the right: to check all documents connected with

Realisation of exchange control functions by them to receive necessary explanations, inquiries and data on the questions arising at checks, and also to withdraw the documents testifying to infringements in sphere of the currency legislation; to stop operations under accounts in the authorised banks in case of non-presentation of documents and the information; to suspend or deprive of residents, including the authorised banks, and also non-residents of licences and permissions to the right of realisation of currency transactions; on other rights provided by the legislation of the Russian Federation. Bodies and agents of exchange control and their officials are obliged to keep become by it known at performance of functions of exchange control a trade secret of residents and non-residents, and in case of the inadequate

Realisation of the duties assigned to them can be made accountable in an order provided by the legislation of the Russian Federation.

Concrete powers of bodies of exchange control contain in other standard legal acts published in development of norms of the Law of the Russian Federation “On currency regulation and exchange control”.

Until recently the central body of the federal executive authority formed for realisation of functions of the Government of the Russian Federation under the currency and export control, the Federal service of Russia under the currency and export control [78] was. The Main task of this service was carrying out of a uniform nation-wide policy in the field of the organisation of the control and supervision of observance of the legislation of the Russian Federation in sphere currency, is export - import and other external economic operations.

Now in connection with change of structure of federal enforcement authorities by the Decree of the President of the Russian Federation “About structure of federal enforcement authorities” from May, 17th, 2000 № 867 [79] Federal service of Russia under the currency and export control is abolished, and its functions are meted between the Ministry of Finance of the Russian Federation and again formed Ministry of economic development and trade of the Russian Federation.

The Ministry of Finance of the Russian Federation [80] is the federal enforcement authority providing carrying out of the uniform state financial, budgetary, tax and currency policy,

The industrial policy at extraction, manufacture and processing of precious metals and jewels and co-ordinating activity in these spheres of other federal enforcement authorities. The Ministry of Finance of the Russian Federation carries out the rights and functions of the abolished Federal service of Russia under the currency and export control on the organisation and carrying out of exchange control and conducting uniform information system of exchange control. In conducting territorial bodies of the abolished Federal service of Russia under the currency and export control with preservation of the rights and functions on carrying out of the exchange control [81], called as exchange control regional governments also are transferred the Ministry of Finance of the Russian Federation. For an operative and methodical management of exchange control regional governments in structure of central office of the Ministry of Finance of the Russian Federation the exchange control Department is created.

Thus, in structure of the Ministry of Finance of the Russian Federation of exchange control function carry out its territorial bodies (regional governments) and division of its central office (exchange control Department), and in the organizational plan certain similarity with internal structure of the Central bank of the Russian Federation (its departments in central office and territorial establishments in subjects of the Russian Federation) is observed. At the same time essential difference is performance by territorial establishments of Bank of Russia unlike regional governments of the Ministry of Finance of Russia of others besides exchange control of functions of Bank of Russia.

It is interesting to notice, that regional governments of exchange control of the Ministry of Finance of Russia co-ordinate activity of territorial bodies

Federal enforcement authorities in sphere of the organisation and exchange control carrying out. Exchange control regional governments carry out the control over observance by subjects of enterprise activity (except for the authorised banks) the currency legislation of the Russian Federation: behind performance by residents of obligations to the state in a foreign currency, completeness of receipt to the Russian Federation when due hereunder means in a foreign currency on the external economic operations, completeness and objectivity of the account and the reporting on currency transactions, use of credits in a foreign currency, given to the Russian Federation and subjects of the Russian Federation on the basis of international treaties and agreements, behind use confiscated according to the legislation of the Russian Federation of currency values.

The considerable role is taken away to regional governments of exchange control and in system of counteraction created in the Russian Federation to legalisation (washing up) of the incomes received illegal by. In particular, exchange control regional governments participate in working out and realisation of programs of the international cooperation in this area and realisation of the measures directed on counteraction to legalisation (washing up) of incomes, received illegal by; participates in working out and practical application of mechanisms of repatriation of capitals illegally taken out from the Russian Federation.

The authorised federal enforcement authority in the field of the export control is again formed Ministry of economic development and trade Russian Федерации1. Among problems of the given Ministry for a considered theme it is necessary to allocate realisation of state regulation external economic

Activity, coordination of the foreign trade activity of subjects of the Russian Federation concerning joint conducting the Russian Federation and subjects of the Russian Federation, control of observance by the Russian participants of foreign trade activities of legislative and other standard legal acts in the field of the export control; participation in control of completeness of receipt when due hereunder means in a foreign currency on 4 external economic operations.

Describing system of bodies of exchange control, it is necessary to tell about its major link - customs bodies. The customs role is obvious: a huge segment of the currency market occupy it is export - import trading operations, i.e. export and import of the goods through customs border of the Russian Federation. Besides, customs bodies of the Russian Federation carry out the control over moving by physical persons through customs border of the Russian Federation of currency Russian Jt Federations, securities in currency of the Russian Federation, currency

Values. The customs provides observance of the operating currency legislation at realisation of the international cargo and passenger transportations, and also in the international post message [82].

It is necessary to notice, that in system of customs bodies only G osudarstvennyj the customs committee of the Russian Federation according to the Customs code of the Russian Federation is body of exchange control and publishes normative acts, obligatory to execution by all residents and non-residents in the Russian Federation, spends checks of currency transaction of exporters, carries out other duties on exchange control realisation in conformity C the Russian legislation. Other customs bodies of the Russian Federation (customs posts, excise customs posts,

Customs, customs of the central submission, regional Customs) possess only powers of agents of the exchange control accountable to the State customs committee of the Russian Federation, and carry out along with the actual control over transfer, import and export of currency values also the documentary control over the currency transactions connected with moving through customs border of the goods and transport средств1.

C July, 1999 according to the Law of the Russian Federation “About tax organs of the Russian Federation” function of body of exchange control is carried out by the Ministry of the Russian Federation of taxes and tax collections. Thus tax organs carry out the control over observance of the currency legislation of the Russian Federation within the competence. However their concrete powers on exchange control in the legislation are not fixed, that does not allow to define accurately a place of tax organs in the mechanism of exchange control and complicates their interaction with other bodies of exchange control. Given the legislation to agents of exchange control by the rights use on duty and federal bodies tax полиции3.

Summing up to the analysis of system of bodies and the agents providing observance of the currency legislation, it is necessary to draw a conclusion, that now in the Russian Federation the given system is presented:

- Exchange control bodies: the Central bank Russian

1 Concrete conditions, typical situations and the indicators regulating distribution of the competence on exchange control between customs bodies of various levels, are established by the Time position which is the Appendix 2 to Order of the State customs committee of the Russian Federation "About competence distribution under the control of customs cost and exchange control" from 29.12.199S № 796//the Document is not published. The ConsultantPlus contains in Legal-reference system.

2 Sheets of Congress of People's Deputies of RSFSR and the Supreme body of RSFSR. 1991. № 15. Item 492. Operates with changes and additions on 07.11.2000//Meeting of the legislation of the Russian Federation. 2000. № 46. Item 4537.

3 See: point 2 of article 11 of the Law of the Russian Federation “About federal bodies of tax police” from 24.06.1993 № 5238-1//Sheets of Congress of People's Deputies of RSFSR and the Supreme body of RSFSR. 1993. № 29. Item 1114. Operates with changes and additions on 30.12.2001 And Meeting of the legislation of the Russian Federation. 2001. № 53 (a part 1). Item 5030.

Federations and its territorial establishments (central administrative boards and national banks), the Ministry of Finance of the Russian Federation and its territorial bodies - exchange control regional governments, the Ministry of economic development and trade of the Russian Federation, the State customs committee of the Russian Federation, the Ministry of the Russian Federation of taxes and tax collections;

Agents of exchange control: the authorised banks accountable to the Central bank of the Russian Federation, the customs bodies accountable to the State customs committee of the Russian Federation, federal bodies of tax police.

For all bodies of exchange control there is actual a problem of definition of the concrete competence at realisation of function of exchange control. The law of the Russian Federation “On currency regulation and exchange control” as it was already specified, establishes uniform for all bodies of exchange control of the purpose, power, the right and a duty of officials of these bodies. In some cases it leads to duplication of functions and powers at control of carrying out of the currency transactions regulated in departmental normative acts. For an exception of such duplication and differentiation of powers joint normative acts were accepted and accepted: the Central bank of the Russian Federation with the State customs committee of the Russian Federation [83 [84], the Central bank of the Russian Federation with nowadays abolished Federal service of Russia on

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To the currency and export control and others. However and interdepartmental

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Normative acts frequently do not eliminate all blanks in the given sphere. In this connection, in our opinion, the great value is got by practice of interaction of bodies of exchange control among themselves, and also with other law-enforcement and supervising bodies. About experience of such interaction in the Saratov area it will be stated more low.

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

More on topic the central bank of the Russian Federation in system of bodies and agents of exchange control:

  1. actual legal questions of interaction of territorial establishments of the Central bank of the Russian Federation with law-enforcement and supervising bodies concerning exchange control (on an example of territorial establishment of Bank of Russia in the Saratov area)
  2. Chapter 2. Legal maintenance of the exchange control which is carried out by territorial establishments of the Central bank of the Russian Federation
  3. activity of territorial establishments of the Central bank of the Russian Federation on generalisation of practice of application of the legislation on currency regulation and exchange control
  4. Organization-legal bases of activity of territorial establishments of the Central bank of the Russian Federation in the field of exchange control
  5. a legal regulation of the status of the Central bank of the Russian Federation as body of currency regulation and exchange control
  6. Neverov Natalia Vladimirovna. POWERS of TERRITORIAL ESTABLISHMENTS of the CENTRAL BANK of the RUSSIAN FEDERATION In the field of EXCHANGE CONTROL. The dissertation on competition of a scientific degree of the master of laws. Saratov 2002, 2002
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  8. § 2. The authorised banks in exchange control system In the Russian Federation
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  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
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  14. § 1. The central bank of the Russian Federation as public authority in monetary and credit and bank spheres
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  16. § 2. Legal certificates of Central bank of the Russian Federation in system of legal certificates of public authorities of the Russian Federation
  17. § 2. Legal acts of the Central bank of the Russian Federation in system of legal acts of public authorities of the Russian Federation
  18. §1. Powers of the Central bank of the Russian Federation on regulation of bank activity
  19. Zhuravlyov Alexey Vjacheslavovich. the Central bank of the Russian Federation: problems of development and strengthening of bank system. The dissertation on competition of a scientific degree of the master of laws. Moscow 2002, 2002
  20. § 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