the Positions which are taken out by the author on protection.

State regulation of bank activity represents normotvorcheskuju and individually-imperious activity of subjects of the regulation, directed on streamlining of creation and activity of the credit organisations, a banking system as a whole, formation and maintenance of a steady legal order in sphere of bank activity, protection of the rights and legitimate interests of its participants and private persons.
Objects of state regulation of bank activity are: Bank activity as set of bank transactions carried out by the credit organisations and transactions. Activity:
Structurally organised persons defined in the law as subjects of bank activity by standard fastening of their legal status and the competence (individually - uncertain objects), and also separate kinds of the credit organisations;
The Credit and other organisations which are subjects of bank activity which status is individually defined by the special statutory act [7];
The Concrete credit organisations in which relation are carried out reguljativnoe influence individually - legal character (delivery and licence withdrawal, removal by regulating body of the instruction concerning the credit organisation);
3. In certain cases as object of state regulation the banking system as a whole, possessing the certain properties established by the law, and representing structurally - the organised generality of the credit organisations acts also. It is necessary to allocate following legal regimes of bank activity in the bank right: The general legal regime of bank activity. Special (individual) legal regime of activity of the separate credit organisations. Legal regime of activity of problem banks. Legal regime of bank activity in special state conditions and extreme situations. Legal means of standard regulation of bank activity are: Fastening of principles and presumptions of state regulation of bank activity, definition of objects and subjects of regulation. Establishment of rules of realisation of bank activity. Definition of statuses and the competence of bodies of state regulation of bank activity. Establishment and standard fastening of regime requirements: licensing of bank activity, exclusive character of bank activity, a duty of observance by subjects of bank activity of the legislation, including statutory acts of Bank of Russia, a duty of observance of the established economic specifications, an establishment prudentsialnyh norms of activity, a duty of reception of the consent or the permission of bank of Russia to fulfilment of certain actions. Standard fastening of measures of the influence applied to subjects of bank activity. Establishment of procedure of application of measures of influence, definition and standard fastening of concept a bank offence. Standard fastening of system of protection frames of the rights of subjects of bank activity from illegal intervention in bank activity, including illegal application of measures of influence, and also an establishment of responsibility of bodies of regulation. Means of individually-legal regulation of bank activity are: The state registration and licensing of bank activity. The coordination and the permission of fulfilment of separate actions in sphere of bank activity. Applications of measures of influence reguljativnogo character and responsibility to the credit organisations. Re-structuring of the credit organisation. Bank supervision represents activity of Bank of Russia (the authorised supervising bodies) on reception of the objective and full information on object of supervision, its estimation about conformity of activity of the person under surveillance of object to the legislation, revealing of negative tendencies in activity of the object, able to adversely affect a financial position of the credit organisation, and also to application of measures of influence to object of supervision for the purpose of elimination of offences in bank activity.
In the mechanism of state regulation of bank activity bank supervision plays a dual role.
First, it acts as a component of activity of regulating bodies on realisation of the given mechanism and carries concerning bank regulation subsidiarnyj character, forms the adequate information on an object condition, the forecast of development of certain tendencies in activity of object and defines necessity reguljativnogo interventions.
Secondly, bank supervision carries out independent function, being institute of prevention and preventsii the separate bank offences which are not creating threat of financial stability of the credit organisations, to interests of creditors and investors, formations of uniform practice of application of the banking legislation. Individually - the legal certificate in bank regulation this official decision of Bank of Russia (its structural divisions) on the concrete business, taken out in the appropriate legal form and directed on regulation of activity of the concrete credit organisations by an establishment for them the certain rights and duties with use of corresponding legal means.
Work structure. The structure of dissertational work is caused by the purposes, problems and the maintenance of an object of research.
The dissertation consists of the introduction, three heads, the list of a standard material and the literature used at work on the dissertation.

<< | >>
A source: POPOV ILJA SERGEEVICH. Legal mechanism of state regulation of bank activity. The DISSERTATION on competition of a scientific degree of the candidate of jurisprudence. Moscow,. 2000

More on topic the Positions which are taken out by the author on protection.:

  1. On protection following new positions and the positions containing novelty aspects are born:
  2. ž 2. International legal protection of technological protection frames of the author's and adjacent rights
  4. the Positions which are taken out on protection.
  5. the Positions which are taken out on protection:
  6. the positions which are taken out on protection
  7. the Positions which are taken out on protection.
  8. the Positions which are taken out on protection:
  9. the positions which are taken out on protection
  10. the Positions which are taken out on protection
  11. the positions which are taken out on protection
  12. the Positions which are taken out on protection
  13. positions taken out on protection
  14. the positions which are taken out on protection