>>

the Urgency of a theme of research


Strengthening of financial discipline, legality and the law and order in bank sector of economy of Russia gets recently special value. It is connected, first of all, with active development of economy of the state, increase in quantity of the managing subjects, the increasing volume of monetary streams between them and increasing in this connection a role of the credit organisations as intermediaries in the market of financial services.
Besides Russia after the introduction into the World Trade Organization the aggravation of competitive struggle against the international financial institutions expects. In this connection improvement and banking system strengthening as one of base subsystems in system of maintenance of safety of the state also plays a paramount role and in many respects predetermines logic of bank reforms in modern Russia.
In reforms of 90th years of XX century the bank sector became one of segments of economy of the offences most subject to fulfilment. Cases of infringement of financial discipline among which the most widespread are infringements at carrying out of credit transactions, the work organisations on conducting book keeping, reliability of the account and the reporting are extended. During spent to 2006 the Bank of Russia of 779 planned checks of the credit organisations reveals 17583 infringements, among which: infringements at carrying out of credit transactions 3589 (20,4 %), the work organisations on conducting book keeping 1563 (8,9 %), reliability of the account and the reporting 1363 (7,8 %). [1] Following the results of the spent checks by Bank of Russia, the ban for realisation of separate operations in 133 cases has been imposed, requirements to eliminate infringement have received 383 credit organisations, penalties have been imposed on 232 credit organisations. [2]
Constantly the quantity of the revealed crimes in bank sector increases - with 1991 for 1997 the quantity of crimes in a banking system has increased from 310 crimes to 19,5 thousand, in 2005 98306 crimes, in 2006 – 141016, in 2007 – 140832 are made. [3] there Is a constant growth of the crimes connected with legalisation of criminal incomes. Under the item of item 174 and 174.1 UK the Russian Federation in 2004 989 criminal cases, in 2005 – 3547, in 2006 – 7957, in 2007 - 9035 crimes are raised. The size of the caused material damage has made 160 billion rbl. (2004 - 0,4 billion rbl.), is put arrest property and money resources in the sum of 1 billion 400 million rbl. (2004 - 500 million rbl.). [4]
Considerable money resources will be legalised and cashed through a banking system to what the quantity of the credit organisations made answerable for infringement of the legislation on legalisation testifies. For infringements of the legislation on counteraction of legalisation of criminal incomes for 2006 licences at 51 credit organisations (2005 - 31, 2004 – 23, before the quantity of the withdrawn licences for a year did not exceed 10, on the average from 2 to 5 for a year) are withdrawn. About same estimations of experts in volume legalizuemyh and cashed money resources through a banking system according to which the volume of business on cashing in of means makes from 50 to 80 billion rbl. a month, on a transfer of funds to non-residents from 3 to 4 billion dollars a month testify. In total volume of such operations makes 1,5 – 2 bln. rbl. a year. Losses of the consolidated budget make from 500 to 800 billion rbl. a year. [5]
Growth of quantity of made offences in bank sector is promoted by a number of negative factors. First of all, it is connected by that in the Russian bank sector the considerable quantity of the credit organisations with insignificant authorised capitals is concentrated. The similar credit organisations have no possibility to take high returns by means of carrying out of lawful bank transactions and take more high returns through realisation of intermediary services of illegal character.
Also the significant amount of offences is promoted by lacks of the operating banking legislation regulating the bases and procedure of attraction of the credit organisations to responsibility. Unlike the administrative, tax or criminal legislation, the banking legislation does not contain the accurate and exhaustive list of bank offences for which the credit organisation can be made answerable with instructions of concrete measures of responsibility for each infringement.
In bank sector the author directly connects increase of financial discipline and legality with banking legislation perfection, activization of activity of supervising bodies, strengthening of a role of the legal means applied to observance of public financial interests, perfection of measures of the responsibility applied to offenders.
The urgency of a theme of dissertational research is caused, first, by importance of a question of a liability of infringement of the banking legislation as key in construction of a banking system and its legal regulation. Secondly, necessity of the analysis of efficiency of effective standards of the banking legislation establishing measures of responsibility and system of bank supervision of Russia on the basis of the analysis and generalisation of saved up experience in area of state regulation by banking systems in Russia and in foreign countries.
| >>
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

More on topic the Urgency of a theme of research:

  1. the urgency of a theme of research
  2. the Urgency of a theme of research
  3. the Urgency of a theme of research.
  4. the Urgency of a theme of research.
  5. the Urgency of a theme of research.
  6. the Urgency of a theme of research
  7. the Urgency of a theme of research
  8. the Urgency of a theme of research.
  9. the Urgency of a theme of research
  10. the Urgency of a theme of research.
  11. the Urgency of a theme of research.
  12. the Urgency of a theme of research.
  13. the Urgency of a theme of research
  14. the Urgency of a theme of research
  15. the Urgency of a theme of research.
  16. the Urgency of a theme of research.