scholarly journals Artificial Bankruptcy of Credit Institutions and Illegal Withdrawal of Bank Assets Abroad

2017 ◽  
Vol 4 (4) ◽  
pp. 61-67
Author(s):  
S V Bazhanov
Keyword(s):  
Russian Federation ◽  
Banking Sector ◽  
Preventive Measures ◽  
Legal Regulation ◽  
Economic Activities ◽  
Current State ◽  
Bank Secrecy ◽  
Money Flows ◽  
The Russian Federation ◽  
Credit Institutions

Since the early 1990 in the Russian Federation there is a continuous outflow of capital abroad, as a result of which the assets earned by Russian businessmen, instead of investing in the domestic economy, go to support the civilized existence of «developed» bourgeois countries. For these purposes, the developed organizational and regulatory legal infrastructure is used. The bulk of fictitious operations and non- return of funds is carried out through a network of «laundering» banks, offshore companies and «one-day firms». Stable, highly professional organized transnational groups have been formed, including notaries, consulting companies, credit organizations, trust funds specializing in the withdrawal of capital and its placement in offshore zones or in countries with which the Russian Federation has concluded treaties in order to avoid double taxation. Methods of capital withdrawal are diverse, demand for them is provided by a developed infrastructure, legal and illegal mechanisms are closely intertwined, which complicates their timely detection and suppression.The Bank of Russia is doing a great job of neutralizing the shadow money flows of brokers and microfinance organizations (MFI), as well as transit operations used to withdraw assets abroad, in the context of which about 300 banks operating on the domestic market lost their licenses, although they are involved in the transactions described not only credit organizations, but also other subjects of financial legal relations, related, including with the circulation of securities.In the light of the above, the problem of improving the regulatory legal regulation and departmental (bank), as well as prosecutorial supervision over the execution of laws by the subjects of the credit and banking sector of the economy, including credit and non-credit financial organizations (NFO), taking into account the nature, scope and specificity of their activities, is actualized. An analysis of the current situation shows that the majority of used, constantly modifiable schemes for the withdrawal of bank assets abroad, the transfer of cashless cash into cash is preceded by multi-way payment chains for accounts of all kinds of Russian organizations. In this case, the transit companies involved in them do not, as a rule, carry out real financial and economic activities. Taxes and other mandatory payments are paid by them on a minimal scale or are not paid at all, and the operations conducted do not have a visible economic meaning.The management of the Bank of Russia regularly monitors the banking sector of the economy in order to track them in time and take appropriate preventive measures. Attention of credit institutions is drawn to transit operations with the isolation of inherent characteristics, for which purpose the regulator prepared, in particular, Letter No. 236-T of December 31, 2014 «On increasing the attention of credit institutions to individual customer transactions».This article examines the factors associated with the illegal withdrawal of bank assets abroad, including the artificial bankruptcy of credit institutions, complicated by the current state of the institution of bank secrecy.

scholarly journals MODERN ASPECT OF INTERNAL CONTROL AND AUDIT IN RUSSIAN FEDERATION

2021 ◽  
pp. 31-41
Author(s):  
Irina Semenovna Toropova
Keyword(s):  
Control System ◽  
Russian Federation ◽  
Internal Control ◽  
Banking Sector ◽  
Internal Audit ◽  
Legal Regulation ◽  
Economic Activities ◽  
Internal Control System ◽  
The Russian Federation ◽  
Commercial Organizations

The conduct of financial and economic activities of organizations, both budgetary and commercial, is associated with possible risks of non-compliance with the current legislation, making unreasonable management decisions by the top and middle management, which leads to reputational and financial losses. In order to forestall financial and reputational losses, organizations form an internal control system. In the Russian Federation, the formation of normative and legislative regulation of the organization and conduct of internal financial control and audit is taking place, both in relation to commercial organizations and organizations of the budgetary sphere. The article examines the order of organization, types, tasks of internal control and audit in various organizations. The organization of internal control and audit is considered in the article through the prism of legal regulation of this area in the Russian Federation and international regulations. The internal audit system, as an obligatory element of the management system, has been introduced in the banking sector and for public sector organizations. For commercial organizations, this issue is left to the management of the organization and the creation of an internal audit service is optional. The regulatory and legislative framework of the organization and methods of conducting internal control for organizations have been studied. The approaches to the organization and conduct of internal control have been investigated from the point of view of orientation towards possible risks. Based on the results of the study, the article concludes that the presence of an effectively functioning internal control system, which is based on an assessment of possible risks, contributes to an increase in the efficiency of the organization, the prevention of cases of fraud by the organization’s personnel, and an increase in the reliability of accounting, tax and other types of reporting

scholarly journals Sociocultural and Legal Aspects of Social Activity of Subjects in the Banking Sector

2019 ◽  
Vol 3 (2) ◽  
pp. 159-164
Author(s):  
Марина Козырева ◽  
Marina Kozyreva ◽  
Александр Криони ◽  
Alexander Krioni ◽  
Николай Морозов ◽  
...  
Keyword(s):  
Russian Federation ◽  
Banking Sector ◽  
Social Activity ◽  
Legal Aspects ◽  
Microfinance Institutions ◽  
Legal Standards ◽  
The Social ◽  
The Russian Federation ◽  
High Level ◽  
Credit Institutions

The paper features some sociocultural and legal aspects of social activity executed by various subjects of the credit relations in the Russian Federation. The focus is made on the banking sector. The authors use culturological and activity approaches to legal and illegal actions of credit institutions and demonstrate some specific traits of administrative offenses in this sector. The paper also describes the culture of credit loans, in particular, that of microfinance institutions. The authors believe that this kind of activity is aimed at gaining and can be characterized as immoral. They studied behavioral stereotypes of borrowers and credit institutions to classify the social activities of the credit relations subjects. A high level of social activity of borrowers is directed to satisfaction of physiological requirements and security needs. The social activity of credit institutions is mostly limited by its respect for legal standards and improving the level of culture of loan granting. Hence, if the social activity of credit relations subjects that meets cultural and legal standards, it contributes to the development of national economy.

scholarly journals FEATURES OF THE CURRENT STATE OF THE BANKING SECTOR OF THE RUSSIAN FEDERATION AND THE MAIN TRENDS OF ITS DEVELOPMENT

2019 ◽  
pp. 149-156 ◽  
Author(s):  
M. R. Efimova ◽  
N. V. Kuznetsov ◽  
E. A. Dolgikh
Keyword(s):  
Interest Rates ◽  
Russian Federation ◽  
Banking Sector ◽  
External Financing ◽  
State Budget ◽  
Modest Contribution ◽  
Current State ◽  
The Russian Federation ◽  
The Difference

Reduction of the number of credit organizations in the banking sector of the Russian Federation has been considered. The paper has been based on the data of Statistical Bulletin of the Bank of Russia for 2015-2017 years. Attention has been paid to some problems of creating banks resources potential especially because of declining external financing. The problems of small and medium-sized banks, including the availability of state budget funds have been designated. The main characteristics of the dynamics of lending to non-financial organizations and individuals have been considered. A discrepancy between the high financial results of the banking sector and a very modest contribution to the investment activities of non-financial organizations has been noted. Particular attention has been paid to the difference in interest rates on loans and deposits for different categories of borrowers and depositors.

scholarly journals Some legal mechanism problems for economic dispute resolution in Russian Federation

2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich
Keyword(s):  
Dispute Resolution ◽  
Russian Federation ◽  
Ad Hoc ◽  
Legal Regulation ◽  
Current State ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    

scholarly journals Legal regulation of telemedicine in the health care system of the Russian Federation: state and prospects for improvement.

2019 ◽  
Vol 21 (3) ◽  
pp. 15-22
Author(s):  
N V Allamyarova ◽  
E G Sanakoeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Health Care System ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Documents ◽  
Current State ◽  
The Russian Federation ◽  
Care System

The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

On the criteria for defining the concept and the state of legal regulation for the civil service of other types in the Russian Federation

2021 ◽  
Vol 23 (3) ◽  
pp. 6-12
Author(s):  
ALEXANDER GURINOVICH ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Service ◽  
Special Functions ◽  
Legal Regulation ◽  
Fire Service ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
Current State ◽  
The Russian Federation

This article analyzes the relevant legislation, identifies the basic criteria for defining the concept of the civil service of other types in the Russian Federation, and describes the current state of its legal regulation. The service of other types is carried out in the federal-state bodies and organizations subordinate to them; such organizations perform special functions to ensure security, law and order, combat crime and protect citizens’ rights and freedoms. The author identifies the reasons for the abolition of such a concept as “law enforcement service” in the civil service systems and considers the process of its transformation into a new segment within this system. Based on the conducted comparative analysis of legislative and subordinate legal acts containing relevant regulatory provisions, the analysis shows that today the civil service of other types is carried out in state bodies defined as law enforcement agencies. To reflect the current state of legal regulation for the civil service of other types, the author notes an increase in the corresponding legislative framework in recent years. The issues of legal regulation of work in the field of civil service of other types are worked out in special laws regarding employees of customs authorities, internal affairs bodies, the federal fire service, the criminal justice system, and enforcement bodies. In addition, the article outlines the key priorities for further improvement of legal regulation.

scholarly journals Challenging Aspects of the Legal Regulation of International Economic Activities of Gas Exporters as Parties to Exchange Trade in Gas Abroad

2021 ◽  
Vol 4 ◽  
pp. 111-115
Author(s):  
Sergey S. Koshman ◽  
Keyword(s):  
Natural Gas ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Activities ◽  
Sales Channels ◽  
Flexible Response ◽  
The Russian Federation ◽  
Gas Market ◽  
Liquid Natural Gas ◽  
Foreign Exchanges

According to the Energy Strategy of the Russian Federation until 2035, the indicator of solution of the task of a flexible response to the world gas market dynamics is retaining by the Russian Federation of the dominant position of top three world gas exporters. Russian exporting companies are interested in trading in natural gas in European exchanges, as exchange trade in natural gas gives an opportunity to diversify the existing natural gas export mechanisms, gain access to highly liquid natural gas sales channels. At present, there is little legal research dedicated to challenging aspects of the legal regulation of exchange trade in energy resources, access of exporting companies to foreign exchanges. There are gaps and discrepancies in the existing legal regulation of this sector. The author reviews peculiarities of the legal regulation of relationships arising in trade in natural gas in European exchanges, the requirements set for exchange participants, the existing restrictions of these operations for Russian exporting companies, brings forward legal regulation development proposals.

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