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the Conclusion

As a result of the carried out research of the scientific views presented in the literature concerning Financially-legal status central bank of the Russian Federation, standard legal acts following conclusions are formulated.

1. The central bank of the Russian Federation is public authority. It is formed according to the Constitution of the Russian Federation and FZ «About the Central bank of the Russian Federation (Bank of Russia), allocated by state-imperious powers, possesses competence strictly defined in the law which is given it for the purpose of realisation of functions of the state, possesses organizational and economic isolation, has material and financial assets for realisation of the given powers, its employees are civil servants.

Possessing the constitutional independence, the Bank of Russia is an integral part of uniform system of the government, but does not concern bodies executive, legislative and the judicial authority, and is an independent link of uniform system of the government.

Meanwhile in connection with features of the functions given to Bank of Russia as public authority, the legal status of the Central bank of the Russian Federation differs from other public authorities. So, regarding definition of its civil-law status of an expert of functioning has shown, that the organisation-legal forms fixed in the Civil code of the Russian Federation cannot be applied in Bank of Russia. Here in turn the great value gets the reference to world practice of definition of the status of the central banks which deduces Bank of Russia from sphere obshchegrazhdanskogo legislations and regulates a legal status special laws about the central banks with investment with their special status or an establishment for the central

Bank of the status of the legal person of the public law. Signs of the legal person of the public law are inherent in bank of Russia.

2. It is defined Financially-legal status central bank of the Russian Federation which has dual character. In financial legal relations on realisation of monetary issue and the monetary circulation organisation, service of accounts of budgets, public debt service, management of means of Stabilization fund of the Russian Federation, working out of the basic directions of a monetary and credit policy, the Central bank of the Russian Federation operates as public authority in monetary and credit and bank spheres, and in legal relations on maintenance of expenses for placing, payment of incomes, repayment of promissory notes of the Russian Federation, to payment of taxes and part transfer have arrived to the budget of the state Bank of Russia possesses the legal personality of the legal person.

3. The bank of Russia posesses the exclusive right of realisation of monetary issue in cash and non-cash forms. FZ «About the Central bank of the Russian Federation (Bank of Russia)» fixes powers of Bank of Russia on realisation only cash monetary issue. In this connection it is offered to make additions to the federal act regarding fastening of powers of Bank of Russia on non-cash monetary issue, and also the general maintenance of monetary issue.

4. In the dissertation it is noticed, that with transfer of accounts of budgets into service in Bank of Russia from a turn of the Russian bank sector considerable money resources that has essentially lowered level of capitalisation of bank system have been deduced.

Transfer of accounts of subjects of the Russian Federation and municipal unions on cash service in Federal exchequer demands its more weighed estimation financial and sotsialnoekonomicheskih consequences.

5. Absence of an accurate regulation organizatsionnopravovyh bases of service is established by Bank of Russia of a public debt. Till now the agreements regulating an order of interaction of the Central bank of the Russian Federation and the Ministry of Finance of the Russian Federation concerning service of the state internal debt are not signed. Necessity of the conclusion of agreements is defined by requirement for differentiation of functions on service of the state internal debt of the Russian Federation.

6. Taking into consideration developed world practice on management of means of stabilisation funds of the various states, the optimality of management by means of Stabilization fund of the Russian Federation from Bank of Russia is proved.

7. The analysis of joint cooperation of Bank of Russia and the Government of the Russian Federation on working out and realisation of a uniform state monetary and credit policy has revealed insufficiency of real participation of the Government of the Russian Federation in this activity. Procedures of the coordination with the Government of the Russian Federation of the basic directions of a uniform state monetary and credit policy are not settled in the Federal act «About the Central bank of the Russian Federation (Bank of Russia)» and in the Federal constitutional law «About the Government of the Russian Federation».

8. Features financially-legal status Bank of Russia predetermine its position as the tax bearer. The decision of the legislator on encumbrance of the Central bank of the Russian Federation by the taxation it is necessary to recognise correct as the important anticorruption measure. The state through the tax reporting in due time and operatively receives the information on movement of money resources of Bank of Russia and the size of its profit.

9. Rather-legal analysis of financially-legal statuses central banks of foreign countries has revealed, that they exclusively carry out monetary issue, individually develop and carry out monetary to the policy of the state, carry out public debt service, render to the states bank services on a gratuitous basis and, as a rule, are not tax bearers owing to that execute other duty not peculiar to any other body of the state: transfer into the budget a part of the profit received as a result of the activity. In the international practice supervision of activity of the credit organisations is carried out often by two subjects between whom powers on performance of functions in the field of supervision are meted: the central bank and the special body of bank supervision accountable to enforcement authority. However supervision functions can be allocated from the central bank and are completely given the public authority specially created for realisation of these purposes.

Meanwhile at perfection of Financially-legal status central bank of the Russian Federation it is expedient to consider, including, features of financially-legal statuses central banks of Germany, Switzerland and the Netherlands, in particular possibility of the central bank individually to develop the basic directions of a monetary and credit policy and to be limited at interaction with the government concerning the monetary policy consultation, a summer residence of recommendations and granting of the necessary information.

10. Following directions of perfection financially-legal status Bank of Russia are allocated:

It is necessary for Bank of Russia to develop system of refinancing of banks that the spectrum of tools of refinancing allowed banks to solve the short-term, intermediate term and long-term problems;

With a view of creation of competitive bank system the Bank of Russia should introduce gradually in the bank legislation of position of the Agreement of Basel committee on bank supervision «the International convergence of measurement of the capital and capital standards: new approaches» (Basel).

For realisation of the conferred Agreement of power of Bank of Russia specification regarding possibility demand:

- Establishments to banks of the differentiated specifications of sufficiency of the capital, proceeding from an estimation of a profile and a risk level, quality of management of them and conditions of the internal control;

- Establishments of requirements to the credit organisations about public disclosing of the information which list is certain by the third component of Basel II ("market discipline");

- Grantings to Bank of Russia of the presentation right to the credit organisations of requirements on working out of internal procedures on management of accepted risks and information disclosing;

The Central bank of the Russian Federation should develop consistently the measures directed on increase of level of capitalisation of bank system of the Russian Federation.

It is represented, that the formulated conclusions and the stated offers can find the application in scientific and practical activities. At the same time we believe, that some of conclusions have debatable character, demand the further research and specification.

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A source: CHEBYKINA NATALIA REMOVNA. the CENTRAL BANK of the RUSSIAN FEDERATION AS PUBLIC AUTHORITY In DENEZHNOKREDITNOJ And BANK SPHERES (financially-legal research). The dissertation on competition of a scientific degree of the master of laws. Omsk - 2006. 2006

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