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THE CONCLUSION

In the present dissertational work for the first time in domestic jurisprudence are systematised, and also comprehensively and insufficiently studied features of legal regulation of the control and supervision in sphere of bank activity in the Russian Federation are in a complex investigated.

On the volume and the maintenance of the considered and investigated questions the dissertation represents monographic, complex scientifically - research work.

On the basis of the carried out research it is obviously possible to present following conclusions and the conclusions of the author of dissertation.

1. One of conditions of maintenance of stability of bank system is package approach to the control and supervision problem, the combining state control and supervision of bank system and bank activity, and also realisation of kontrolno-supervising powers in all directions of the control and supervision in sphere of bank activity, including the control over creation of the credit organisations and licensing of bank activity, bank supervision, exchange control, the control over observance tax and the antimonopoly law, struggle against washing up of the incomes received criminal by, etc. [149]

2. On the basis of the characteristic of domestic bank system and the analysis of a legal status of the basic subjects of bank activity to which the author of dissertation carries Bank of Russia, the credit organisations, and also branches and representations of foreign banks, the author of dissertation concludes, that on the one hand, activity as Bank of Russia, and credit organisations is a subject of the control and supervision from various supervising and supervising bodies of the state, on the other hand, as Bank of Russia, and the credit organisations are subjects of the control and supervision concerning the counterparts (Bank of Russia - concerning the credit organisations, and the credit organisations - concerning the clients).

On the basis of the analysis of the indicators quantitatively characterising bank system, the author of dissertation establishes, that as of May, 1st, 2002 in the Russian Federation the quantity of the registered credit organisations constitutes 1981, branches of foreign banks — 1 (іфилиал

0 "Bank Apelik", Republic Armenia), the credit organisations with foreign participation in the charter capital - 129. Among the registered credit organisations 1934 banks and 47 not bank credit organisations. The number of actually operating credit organisations constitutes 1327, including banks — 1280, not bank credit organisations - 47.1

Among subjects of bank activity the Bank of Russia possesses a special konstitutsionno-legal status as special body of the state which creation is directly provided in item 75 of the Constitution of the Russian Federation. It is allocated by the special competence and public functions on managements of bank system of the country, and also on control and supervision of activity of the credit organisations.

' 2

Investigating the civil-law status of Bank of Russia, the author of dissertation concludes, that application attempts to it of any organisation-legal forms provided in GK the Russian Federation, are insolvent.

The bank of Russia does not fall under a category of the commercial and noncommercial organisations. It possesses the unique nature, a special konstitutsionno-legal status which the Russian Federations do not keep within frameworks GK. These properties, according to the author of dissertation, followed reflect in the Federal act «About the Central bank of the Russian Federation (Bank of Russia)».

The credit organisations represent the most numerous part of bank system. Depending on the classification bases, it is possible to allocate their various kinds. The most typical sign of their classification is the list of the bank operations resolved for realisation (a licence kind) according to which discriminate banks and not bank credit organisations. Quantity of not bank credit

1 18 present dissertations See more in detail p.

The organisations for January, 1st, 2001 constituted 21, that there corresponded 1 % from the general number of the registered credit organisations as of the same date (2122). By January, 1st, 2002, all for 1 year, their number has grown to 43, i.e. almost twice, and by May, 1st, 2002 their number has constituted 47 (more than 2 % from the general number of the credit organisations). One of the reasons of such dynamics of growth of not bank credit organisations against decrease in the general number of the credit organisations, according to the author of dissertation, is that the requirement to the size of the charter capital of the newly founded not bank credit organisation in 10 times is less, than for bank creation. [150 [151]

3. The legislation regulating bank activity, and also the relations arising in the course of control and supervision in sphere of bank activity, has complex character. It is shown, that the bank legislation consists from raznootraslevyh norms, including norms constitutional, administrative, financial, civil, international, criminal, and other branches of law (p. 3 8-49).

The important role in legal regulation of bank activity including concerning control and supervision, play normative acts of Bank of Russia which number has reached today 3935. The quantity of operating certificates constitutes 2478, including Positions of Bank of Russia — 152, Instructions of Bank of Russia-369, and Instructions of Bank of Russia - 39. [152]

Concerning control and supervising activity by Bank of Russia it is accepted only 1552 normative acts, from them continue to operate 792, including Positions of Bank of Russia — 109, Instructions of Bank of Russia — 33 and Instructions of Bank of Russia - 125.

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4. The author of dissertation spends differentiation of concepts of the control and supervision in sphere of bank activity. The control as a way of maintenance of legality assumes presence of relations of a subordination between supervising and controllable persons. It provides the right kontroli -

rujushchego persons to interfere with operative, economic and other activity of the controllable subject, to estimate its activity from the point of view of legality and expediency, and also to have on it administrative influence or to force it to any actions.

Unlike the control supervision is characterised by absence of relations of subordination between supervising bodies and persons under surveillance persons. Supervision provides the right of supervising body to estimate activity of the person under surveillance of the person only from the point of view of legality, instead of expediency. Thus intervention of supervising body in operative, economic and other independent activity of the person under surveillance of the person is not supposed.

The control can be both state, and not state. Supervision, as a rule, is carried out exclusively by state bodies.

In sphere of bank activity the concept of the control is applicable in relations between separate supervising bodies of the state and Bank of Russia (the budgetary, tax, customs control, etc.), and also between the credit organisations and their clients (the control of the credit organisations over observance of the financial legislation by their clients). The concept of supervision is applicable mainly in relations between Bank of Russia and the credit organisations, behind some exceptions (for example, the antimonopoly control, and dr). [153]

5. Analyzing a new order of the state registration of the credit organisations, established by the Federal act from March, 21st, 2002 № 31-FZ, the author of dissertation concludes, that the governmental order of the Russian Federation from May, 17th, 2002 № 319 «About the authorised federal enforcement authority which is carrying out the state registration of legal bodies» regarding an establishment of the authorised registering body in the name of MHC to Russia mismatches article 51 GK the Russian Federation according to which the state registration of legal bodies is carried out by judicial authorities.

For reduction of the specified decision in conformity with GK the Russian Federation to the Government of the Russian Federation is offered to make to it following change: in point the first the given decision to exclude words «the Ministry of the Russian Federation of taxes and tax collections», having replaced with their words «Ministry of Justice of the Russian Federation». [154]

6. For increase of stability of bank system the author considers necessary the prompt transition to the international standards of book keeping and the reporting in bank system of Russia and introduction is international the recognised approaches recommended by Basel Committee on bank supervision, declaring, that an overall objective of supervision of activity of banks are prevention of system crises by constant supervision over all banks and acceptances of modern correcting measures, paying special attention to mechanisms of early diagnostics. [155]

7. The author of dissertation proves an admissibility of use of concept «the agent of the tax control» who is understood as the person to whom according to laws of the Russian Federation assign duties on control of timeliness and completeness of payment of taxes and tax collections tax bearers. [156]

8. In connection with numerous duties of banks in the field of the control over observance of the legislation on taxes and tax collections, the author of dissertation suggests to give legislatively to them the status of independent participants of the relations regulated by the legislation on taxes and tax collections, and to make addition to article 9 HK the Russian Federation, having included in it new point the ninth in the following edition:

«9) commercial banks and other credit organisations having the licence of the Central bank of the Russian Federation (further - banks).».

Some conclusions and the offers formulated by the author of dissertation in the course of work on the dissertation, are used by Committee GD on the budget and taxes by consideration and acceptance of the federal acts regulating the relations with participation of the credit organisations, in particular, in item 11 of the Law on currency regulation and exchange control, item 11 (ch.) the Law on banks; item 1 (item 6), item 7 (item 2,3) of the Law on auditor activity; and also item 7 (item 1,2,3) of the Law on counteraction to legalisation (washing up) of the incomes received criminal by.

In appendices № 1-4 extraction from federal acts in which positions at which substantiation of formulations conclusions and offers of the author of dissertation are used are noted are presented.

Offers on modification and additions in item 9, 86.2 and 243 HK the Russian Federations formulated by the author of dissertation in paragraph 1 of chapter 3 of the dissertation, are presented the subject of law of the legislative leadership - to deputy GD, to a member of Committee GD on the budget and taxes Solomatinu ate. For their registration according to Regulations of the State Duma and the subsequent entering into Council of the State Duma as the legislative leadership of the deputy it agree item 104 of the Constitution of the Russian Federation.

Dissertation substantive provisions are published in eight articles of the author in total amount 3,08 items of l., are stated in its reports at scientifically - practical conferences in 2000-2001 of and «the Financial right», "Fiscal law", «the Bank right», used by it contain in the uchebno-methodical grants prepared by the author of dissertation and curriculums at courses at carrying out of studies on faculty of law of Academy of tax police FSNP of Russia, IPPK Financial academy at the Government of the Russian Federation and the Moscow new juristic institution (adoption deeds see).

Not looking at that the author of dissertation aspired to investigate most full the put questions, in its opinion, the received results have no exhaustive character. In a certain measure they can serve as a starting point and initial base for the further researches on the given theme in those directions which are considered in the present dissertational work.

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A source: Maksimov Michael Veniaminovich. FEATURES OF LEGAL REGULATION OF THE CONTROL AND SUPERVISION IN SPHERE OF BANK ACTIVITY IN THE RUSSIAN FEDERATION. THE DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2002. 2002

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