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the Substantive provisions which are taken out on protection.


The analysis of standard legal certificates, the scientific literature, analytical materials and arbitration practice has allowed to prove a number of theoretical positions and the practical offers which are taken out on protection.
Author's definition of a financially-legal liability of infringement of the banking legislation is made. The Financially-legal liability of infringement of the banking legislation is a duty of the credit organisation to undergo negative consequences of property or organizational character owing to infringement of requirements by it established by federal laws and standard legal certificates of Bank of Russia in the form of sanctions (the penalty, licence withdrawal on realisation of bank activity). Specific signs of a financially-legal liability of infringement of the banking legislation, caused by specificity of a financial law are defined: comes for infringement of exclusively banking legislation; subjects of responsibility are special subjects - the credit organisations; it is applied in not judicial order (measures of such responsibility are applied only by Bank of Russia); it is expressed in adverse consequences for the offender of organizational or property character; the purposes of this responsibility are maintenance of stability of a banking system, regulation of activity of the credit organisations, and also protection of interests of investors and creditors. Author's definition of "doubtful bank transaction» is made. It is necessary to understand the operation which is carried out by the credit organisation on the instructions of its client As doubtful bank transaction, or in own interests which reflexion in a financial accounting mismatches its real economic maintenance and legislatively possessing certain signs which give the bases to believe, that the money resources participating in the transaction, legalisations of criminal incomes are used for the purpose of evasion from payment of taxes, the customs duties, corruption, and also in other illegal purposes and are subject to the obligatory control. The author means the original financial purposes which are reached by the credit organisations or their clients by means of carrying out through the credit organisation of operations which can by the real economic maintenance of bank transaction, both to correspond to purposes officially declared in documents, and to mismatch. Concept of doubtful bank transaction to introduce in the Federal law from August, 7th, 2001 № 115-FZ «About counteraction to legalisation (washing up) of the incomes received criminal by, and terrorism financing». To add the list of forced measures of the influence fixed in item 74 of the Federal law from July, 10th, 2002 № 86-FZ «About Central bank of the Russian Federation (Bank of Russia)», an influence measure «licence stay», having added item 74 with point 9: «to suspend the licence for realisation of bank transactions for the term up to one year». To enter professional disqualification for heads of the credit organisations for the rough infringements of the legislation which have entailed licence withdrawal from the credit organisation. To enter changes into the legislation according to which at reception of the licence the persons appointed to supervising posts in the credit organisations, should pass checks on a meeting the requirements of business reputation.
Number of such persons concern: heads, main the bookkeeper of the credit organisations, heads and the main things of the bookkeeper of branches of the credit organisations, officers of board, and also councillors of directors (supervisory board). To business reputation heads of the credit organisation at which the licence has been withdrawn should provide requirements, that, should not be supposed to professional bank activity on supervising posts in the credit organisations. In this connection it is expedient to add item 16 FZ «About banks and bank activity» from December, 2nd, 1990 № 395-I «the Bases for refusal in the state registration of the credit organisation and delivery to it the licence for realisation of bank transactions» point 5: «offers on a post of the head of the credit organisation, the chief accountant of the credit organisation and its assistants, councillors of directors (supervisory board) of the persons occupying in the past of a post of heads of the credit organisations at whom the licence» has been withdrawn. To establish legislative differentiation of measures of financially-legal responsibility from measures of management responsibility for infringement of the banking legislation for the purpose of elimination of available disagreements between norms. «About Central bank of the Russian Federation (Bank of Russia)», in statutory acts of Bank of Russia, making banking legislation system it is necessary to consider the measures of responsibility containing in the Law as the independent measures of financially-legal responsibility having other sphere of application in comparison with measures of management responsibility. With a view of overcoming of a legal collision between item 74 of the Federal law «About Central bank of the Russian Federation (Bank of Russia)» and the item 15.26 Codes about administrative offences of the Russian Federation to exclude from KoAP the Russian Federation norms about responsibility of the credit organisations (article 15.26 KoAP the Russian Federation) to unite all norms regulating bank activity, in the Bank Code of the Russian Federation and to allocate in it the Head «the Measure of responsibility applied as bank supervision». The author's organizational structure of system of financial supervision is offered. For increase of efficiency of supervision of holding companies and bank groups creation of Federal service of financial supervision is necessary, whose powers will include supervision of all spheres of the financial market, namely bank, share and insurance. Structurally federal service of financial supervision should consist of Committee of bank supervision, Committee of share supervision and Committee of insurance supervision. Investment of Committee of bank supervision more large powers in decision-making on attraction of the credit organisations to responsibility should become the intermediate stage on a way of allocation of Committee of bank supervision from structure of Bank of Russia. In this connection it is expedient:
- To add item 5 FZ «About Central bank of the Russian Federation (Bank of Russia)» with following point: «State Duma FS of the Russian Federation appoints to the post and dismisses the chairman of Committee of bank supervision of Bank of Russia on representation of the Chairman of Bank of Russia, the Chairman of Committee of bank supervision is accountable to State Duma FS of the Russian Federation»;
- To make changes in item 3. Positions «About Committee of bank supervision of Bank of Russia». So, position that «over Committee the chairman of Committee appointed the Chairman of Bank of Russia from among directors of bank of Russia supervises. The chairman of Bank of Russia on representation of the chairman of Committee appoints vice-presidents of Committee» it is necessary to replace on «with Committee the Chairman of Committee appointed to the post and dismissed by the State Duma on representation of the Chairman of Bank of Russia supervises. The chairman of Committee appoints vice-presidents of Committee». Besides, in Position it is necessary to fix, that the Committee of bank supervision is included into structure of Bank of Russia, in the activity is guided FZ «About Central bank of the Russian Federation (Bank of Russia)» and standard documents of Bank of Russia and is in functional submission at the Chairman of Bank of Russia »;
- To make changes in item 73 item, 74, 75 FZ «About Central bank of the Russian Federation (Bank of Russia)». The powers given by these articles, to destination checks of the credit organisations, an order of their carrying out, decision-making on attraction of the credit organisations to responsibility, about carrying out of actions for financial improvement should be transferred from Board of directors of Bank of Russia to Committee of bank supervision of Bank of Russia.
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A source: Veselovsky Peter Stanislavovich. FINANCIALLY-LEGAL REGULATION of the LIABILITY OF INFRINGEMENT of the BANKING LEGISLATION. The AUTHOR'S ABSTRACT the dissertation on competition of a scientific degree of the candidate of jurisprudence Moscow. 2008

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