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On protection following new positions and the positions containing novelty aspects are born:


1. The author's concept financial pravosubektnosti the credit organisations, including concept «financial pravosubektnost the credit organisation», its kinds and features in various podotrasljah and financial law institutes is developed.
Under financial pravosubektnostju the credit organisations it is offered to understand their competence as legal bodies of public law, and also set of the rights belonging to them and the responsibilities of public character caused by functions of the state and municipal unions in sphere of formation, distribution and use of funds of money resources of the state and municipal unions; maintenance of financial stability of a banking system; legitimacy and financial discipline maintenance in monetary and payment systems and at fulfilment of currency transactions.
2. Specificity of the modern financial law is revealed, allowing to include in its Especial part institute of financially-legal regulation of banking. Wider borders of a subject of the financial law, the covering public relations connected with formation, distribution and use concern it not only state and municipal, but also other public cash funds; use of such receptions and methods of legal regulation, as application of the limited legal permissions in the form of quantitative restrictions; great value of a principle of a priority of public interests.
The priority of public interests as the supervising beginning of financially-legal regulation of activity of the credit organisations means, on the one hand, possibility of restriction of the rights of the credit organisations with the purposes of protection and protection of interests of wide sections of persons, on the other hand, inadmissibility of infringement of the rights and legitimate interests of the credit organisations at putting on on them of publicly-legal responsibilities.
3. The parity of a financial law and the bank right is investigated on the basis of the theory of complex formations in the right and the theory about a parity of system of the right and system of the legislation. A substantiated conclusion that the part of the norms regulating banking, is included into financial law system.
4. The accessory is proved with allowance for collisions of legal doctrines of financially-legal, is administrative-legal and civil-law sciences to a financial law publicly-rules of law, the credit organisations regulating activity in aspects of maintenance of their financial soundness.
5. The conclusion about necessity of inclusion of the bank credit for structure of links of a financial system in view of its interaction with a budget system, insurance, the finance of the enterprises, and also in connection with redistributive function of the credit mechanism is given reason. It is offered to name the given system as financially-credit system with the purposes of clarification of its integrity and interrelation of all links entering into it.
6. Features of financing activities of the state and the municipal unions are revealed and opened, allowing to understand in it a role of the credit organisations as the organisations based on various patterns of ownership, created for the purpose of extraction of profit and having the exclusive right to carry out banking operations. Similar probably also it should be carried out in the conditions of absence of the state monopoly for banking.

7. Spheres of financing activities of the state and the municipal unions, connected with functioning of the credit organisations are defined: the public financial control and the supervision which is carried out by the credit organisations in connection with realisation of banking operations; formation, distribution and use of the centralised and decentralised funds of money resources of the state and municipal unions; maintenance of financial soundness of the credit organisations.
8. A substantiated conclusion about availability at the credit organisations of signs of the legal person of public law in case of their investment pravoobjazannostju (competence) for the decision of problems and fulfilment of functions of the state and municipal unions. Basically it is connected with their activity in sphere of the public financial control and supervision.
It is offered to understand the special characteristic according to which the legal body irrespective of a pattern of ownership, the organizational-legal form and a line of business at the initiative of the state or municipal unions is allocated with a definite volume of the competence for sharing in realisation of public interests as the legal body of public law.
If the credit organisations for sharing in financial pravootnoshenijah are allocated only with the rights or only responsibilities they act as subjects of public law, but have no thus the high-grade status of the legal person of public law.
9. The bases of attraction of the credit organisations for sharing in financing activities of the state and municipal unions are revealed and their detailed analysis is carried out. The obliging norms of a financial law fixed in laws of the general either time action, or authorising norms of a financial law and the corresponding agreement are carried to them.
10. Are formulated (with allowance for urgencies for modern economy of institute of state-private partnership) following conditions of sharing of the credit organisations in realisation of public financing activities: obligatory indemnification of expenses of the credit organisations connected with the decision of problems and fulfilment of functions of the state and municipal unions, competition realisation in cases, statutory.
11. It is established, that interaction of various bodies of the state (first of all, Bank of Russia) with the credit organisations often occurs by realisation of financially-legal procedures as independent version administrative (administrative, but not is administrative-legal) procedures.
It is offered to understand the order of activity of competent authorities established by standard legal certificates as financially-legal procedure, the organisations and persons (subjects of a financial law), called to supply realisation of the established it is financially-rules of law right also responsibilities in sphere of formation, distribution and use of the centralised and decentralised funds of money resources of public character, cash and cashless monetary circulation, maintenance of stability of the national currency.
12. The contents of some directions of the modern financially-legal policy connected with sphere of legal regulation of activity of the credit organisations is revealed and opened: trust strengthening to a domestic banking system (it is consistently realised throughout a number of years); support in conditions of world financial and economic crisis of a banking system, other spheres of economy by means of use of potential of a banking system (the given direction is peculiar to a present situation).
As an actual direction of a legal policy in sphere of legal regulation of banking the banking legislation codification which necessity is given reason is defined.
13. Discrepancies in texts of the standard legal certificates regulating a legal status of the organisations, rendering financial services are established. The given discrepancies are connected or with netozhdestvennostju the terms designating the same concept, or, on the contrary, with use of similar terms for definition of various concepts.
The item about inadmissibility of any use of the term «the credit organisation» and the terms formed from it in texts of standard legal certificates for instructions on the organisations rendering various financial services is reasonable. Application of such terms in the text of standard legal certificates for a designation of the organisations which are not falling as definition «the credit organisation», given in the Federal law «About banks and banking», is not admissible. Their use in scientific lexicon is on occasion possible, but with the special clause on in what significance they are used (in strict sense of the law or not). 14. Spheres of the financial control and supervision in which the credit organisations realise the pravosubektnost as kompetentsionnuju are revealed: on maintenance of target use of the budgetary funds allocated for realisation of purpose-oriented programmes; To maintenance of observance with residents and non-residents legislative and podzakonnyh standard legal certificates in exchange control sphere; to legitimacy maintenance at opening of accounts to the organisations and individual businessmen; to maintenance of an order of management cash operations; to counteraction to legalisation (washing up) of the incomes received criminal by, and terrorism financing.
15. The facts of imperfection of legal regulation of the financially-legal procedures which are conducted at realisation of bank supervision are elicited. In the Federal law «About the Central bank of the Russian Federation (Bank of Russia)» principles of bank supervision are not fixed, there is no clearness at definition of forms of supervising activity. In the indicated law also there are no the positions which are accepting guarantorship protection of the rights of the credit organisations at realisation of procedures of supervision: an order of authorisation of verifying actions, terms of their realisation, an order of fulfilment and registration of proceedings, including registrations of results of checks, an order of the appeal of certificates of Bank of Russia, actions (inactivity) of its officials.
16. The item about passive character pravosubektnosti the credit organisations in sphere of bank regulation and bank supervision and about its is passive-active character in sphere of insurance of contributions is given reason. For the introduction in pravootnoshenija on bank regulation and bank supervision the credit organisations are allocated by subjective legal responsibilities. For the introduction in pravootnoshenija on insurance of contributions the credit organisations (banks) also are allocated by subjective legal responsibilities or the right of failure of the licence for realisation of banking operations on attraction in contributions of money resources of physical persons and on opening of bank accounts of physical persons.
17. The conclusion about absence of clearness and sequence in questions of legal regulation of attraction of the credit organisations for service of accounts of budgets, for realisation of separate operations with budgetary funds and the means received by budgetary establishments from income activity is done. Financial pravosubektnost the credit organisations in the first case has active character, in the second case – can carry both active, and passive, in the third case – active character.
18. It is revealed, that in pravootnoshenijah on tax administration (to which the author carries all process of maintenance by the state both voluntary, and compulsory performance of the tax responsibility) pravosubektnost the credit organisations has basically passive character.
In case of sharing of the credit organisations in maintenance of discharge of duty of tax bearers (payers of taxes, fiscal agents) on tax payment (taxes, fines, fines) by means of issue of the guarantee or their bank guarantee pravosubektnost is active.
19. Fulfilment by the credit organisations of the banking operations connected with fiscal interests of the state is established, that, should be accompanied by indemnification of corresponding expenses from the concrete budget of a budget system, thus the size of indemnification (an order of its definition) can be indicated in standard legal certificates and (or) the agreement concluded with the credit organisation on fulfilment of services for the state or municipal needs.
20. Offers on change and current legislation addition are reasonable: the Budgetary code of the Russian Federation, the Tax code of the Russian Federation, the Federal law «About the Central bank of the Russian Federation (Bank of Russia)», the Federal law «About banks and banking». Respective alterations and additions are directed or on obremenenie the credit organisations by the additional financially-legal responsibilities supplying more effective realisation of interests of wide sections of persons (public interests), or on an establishment of additional securities of protection of the rights and legitimate interests of the credit organisations as subjects of managing at their sharing in vlasteotnoshenijah.
21. The concept of the head «Relations between the credit organisation and the state (municipal union)» the Monetary and credit code of the Russian Federation which as the author considers, will allow to improve legal regulation of banking is developed.
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A source: RYBAKOVA Svetlana Viktorovna. THEORETICAL BASES of REGULATION of ACTIVITY of the CREDIT ORGANIZATIONS AS SUBJECTS of the MODERN FINANCIAL LAW. And In T About R E F E R And T dissertations on competition of a scientific degree of the doctor of jurisprudence. Saratov. 2010

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