scholarly journals ANALYSIS OF EFFECTIVENESS OF MEASURES FOR PREVENTING INSOLVENCY (BANKRUPTCY) OF CREDIT ORGANIZATIONS

2017 ◽  
pp. 34-39 ◽  
Author(s):  
D. A. Artemenko ◽  
S. A. Shishkov
Keyword(s):  
Deposit Insurance ◽  
Banking Sector ◽  
Separate Analysis ◽  
Federal Law ◽  
International Regulation ◽  
State Corporation ◽  
The Russian Federation ◽  
Key Participants ◽  
Financial Recovery ◽  
Credit Institutions

The article examines the effectiveness of existing measures to prevent insolvency (bankruptcy) of credit institutions, which are provided by the Federal Law “On Insolvency (Bankruptcy)", the directions of their development and problematic aspects. Separate analysis of the effectiveness of the State Corporation “Deposit Insurance Agency" as one of the key participants in the process of preventing bankruptcy of banks and their financial recovery. A statistical analysis has been performed on the number of bankruptcy cases initiated, the procedures performed, and the results of these procedures in recent years. A comparative analysis of the applied methods and procedures is also carried out depending on the goals of the legislator. This discloses the issue of maintaining a balance of interests among participants in the insolvency (bankruptcy) process of credit institutions. The issue of expediency of creation of the Fund of consolidation of the banking sector is raised. Partly examined are its tasks, resources, powers. Features of the prevention of bankruptcy of financial organizations are noted. The current practice of sanation is described, as well as proposals of the Central Bank of the Russian Federation to change it. The issue of the need to improve international regulation and cooperation between the countries in the issues of insolvency (bankruptcy) of banks as a consequence of their enlargement and increasing the importance for the stable functioning of both national and global economies is touched upon.

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 On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

scholarly journals Barriers of the Russian legislation to the functioning of Islamic banking in the territory of the Russian Federation

nauka.me ◽  
2021 ◽  
pp. 1
Author(s):  
Maria Yakunina
Keyword(s):  
Russian Federation ◽  
Deposit Insurance ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Federal Law ◽  
Banking Activity ◽  
Trading Activities ◽  
The Subject ◽  
The Russian Federation ◽  
Conventional Banks

The subject of the article are the norms of the Russian legislation, in particular, the Federal Law of the Russian Federation «About banks and banking activities», the Federal Law of the Russian Federation «On Deposit Insurance in Banks of the Russian Federation», Civil Code of the Russian Federation, Internal Revenue Code of the Russian Federation in order to identify barriers of the Russian legislation that hinder Islamic banking activity in the territory of the Russian Federation. Analysis of the provisions of legislation allows to reveal the essential differences between the principles of conventional banks and principles of Islamic banks. The article detects the perspective of development of Islamic banking in the Russian Federation. Conducted research represents that the majority of the barriers excepting the prohibition of traditional banks to carry out trading activities, are related to the terminological aspect and to the question of perception and interpretation of sharia’s principles by the Russian legal system.

The Processes of Financial Recovery of Banks Will Become More Transparent

Auditor ◽  
2017 ◽  
Vol 3 (7) ◽  
pp. 3-10
Author(s):  
Смирнов ◽  
E. Smirnov
Keyword(s):  
Law Enforcement ◽  
Federal Law ◽  
The Creation ◽  
Financial Recovery ◽  
Credit Institutions

Taking into account the needs of the fi nancial market of the country and law enforcement practice, the Parliament of Russia adopted a law on the creation of additional mechanisms for fi nancial recovery of credit institutions (Federal Law No. 84-FZ of 01.05.2017).

TRENDS AND WAYS OF DEVELOPING TAX CONTROL OF COMMERCIAL BANKS IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 4 (11) ◽  
pp. 16-19
Author(s):  
A. M. ABDURAGIMOVA ◽  
◽  
G. A. GUL’MAGOMEDOVA ◽  
Keyword(s):  
Russian Federation ◽  
Commercial Banks ◽  
Banking Sector ◽  
Tax Administration ◽  
Present Stage ◽  
The Russian Federation ◽  
Credit Institutions

The study examines modern aspects of tax control and tax administration of credit institutions in the Russian Federation. In addition, the article provides recommendations for improving the tax control of the banking sector at the present stage.

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 opportunities and threats of the banking sector of the Russian Federation

2020 ◽  
pp. 103-108
Author(s):  
В.Ю. Диденко
Keyword(s):  
Eastern Europe ◽  
Russian Federation ◽  
Financial Services ◽  
Central And Eastern Europe ◽  
Banking Sector ◽  
Operational Risk ◽  
Banking Services ◽  
Customer Identification ◽  
The Russian Federation ◽  
Credit Institutions

В статье приводятся возможности, позволяющие отечественному банковскому сектору предлагать клиентам конкурентные услуги на уровне кредитных институтов Центральной и Восточной Европы. Развитие филиальных сетей дает возможность максимизировать охват населения банковскими услугами с перекрестными продажами других финансовых и нефинансовых услуг. Сформулированы основные проблемы, составляющие угрозу банковскому сектору, среди которых – мошеннические операции. В связи с этим предлагается сосредоточить внимание банков на системах идентификации клиентов для локализации операционного риска. The article describes the opportunities that allow the domestic banking sector to offer customers competitive services at the level of credit institutions in Central and Eastern Europe. The development of branch networks makes it possible to maximize the coverage of the population with banking services with cross-selling of other financial and non-financial services. The main problems constituting a threat to the banking sector are formulated, including fraudulent transactions. In this regard, it is proposed to focus the attention of banks on customer identification systems to localize operational risk.

On some Issues of the Practice of Dispute Resolution in the Field of Insurance Bank Deposits

2021 ◽  
pp. 17-24
Author(s):  
Svetlana S. Tropskaya ◽  
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Deposit Insurance ◽  
Federal Law ◽  
Bank Deposits ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes the practice of applying the federal law «On Deposit Insurance in Banks of the Russian Federation», defines the categories of cases in the field of deposit insurance, highlights the circumstances and facts that the court pays special attention to when considering certain categories of cases. As a result, it is concluded that the Supreme Court of the Russian Federation should issue an act summarizing the practice of considering disputes in the field of mandatory deposit insurance.

Banking law

2021 ◽  
Author(s):  
Elena Homenko
Keyword(s):  
Deposit Insurance ◽  
Academic Discipline ◽  
Banking System ◽  
Legal Regulation ◽  
Bank Loans ◽  
Securities Market ◽  
Electronic Money ◽  
Deposit Insurance System ◽  
The Russian Federation ◽  
Credit Institutions

The textbook contains a systematic presentation of the main institutions of banking law in accordance with the academic discipline "Banking Law", taught at the Department of Banking Law of the Moscow State Law University named after O. E. Kutafin (MSLA). It examines the banking system of the Russian Federation and its structure; the features of credit institutions as subjects of banking law; the legal basis of the national payment system, its relationship with the banking system of Russia; the legal regulation of the deposit insurance system; legislation on bank accounts; the main types of bank loans; currency transactions carried out with the participation of authorized banks, and operations of credit institutions in the securities market. Attention is paid to the ratio of electronic money with electronic means of payment, the mechanism of non-cash payments and the procedure for implementing the institute of payment clearing. The proposed diagrams and tables facilitate the assimilation of the most difficult questions.

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