Bandurina N.V.

In accordance with Art. 56 of this Federal Law, the Bank of Russia is a banking regulation and banking supervision body that constantly supervises compliance by credit institutions and banking groups with banking legislation, Bank of Russia regulations and the mandatory ratios established by them.

The above-mentioned Federal Law No. 86-FZ establishes the goals and directions of the Bank of Russia activities, as well as its functions, including: pursuing a unified state monetary policy; monopoly implementation of the issue of cash and the organization of cash circulation; lending in the last. instance for credit institutions, organization of their refinancing system; establishing the rules for making settlements in the Russian Federation and the rules for conducting banking operations, etc.

With regard to credit relations, the Bank of Russia may establish standards that are binding on credit institutions, including with respect to credit relations and the risks of a credit institution for loans, as well as impose other requirements on the activities of credit institutions.

One of the main laws governing credit relations is the Federal Law "On Banks and Banking Activities".

First of all, this law, among other banking operations in Art. 5 defines a banking transaction as placement Money on its own behalf and at its own expense, which is actually expressed in the provision of loans to legal entities and individuals.

In addition, this law determines general provisions and requirements for the implementation of activities by credit institutions, types, procedure for carrying out banking operations and transactions, requirements for the authorized capital, constituent documents, management in a credit institution, the procedure for registering credit institutions and licensing banking operations, requirements for credit institutions in relation to mandatory reserves, protection interests of customers of credit institutions, customer service, as well as the relationship between credit institutions and general provisions on accounting in credit institutions.

Other federal laws also regulate the relationship arising in the process of implementation of the credit institution and the borrower, however, these federal laws can be attributed to the regulation of credit relations only indirectly. These federal laws include:

In addition to the above federal laws, relations arising in the process of interaction between the parties regarding the implementation of lending are governed by other federal laws.

Central Bank regulations

The system of executive bodies is established in the Presidential Decree "Questions of the structure of federal executive bodies". The Central Bank of the Russian Federation is not included in the composition of such bodies, which means that it is not formally an executive authority. Thus, the Central Bank is a special independent body that performs its functions depending on the directly stipulated requirements of the legislation.

Thus, the acts of the Central Bank of the Russian Federation also cannot be attributed to acts of executive authorities, since they occupy a separate place in the hierarchy of regulatory legal acts.

In accordance with Art. 7 of the Federal Law "On the Central Bank of the Russian Federation": the Bank of Russia, on issues within its competence, issues in the form of instructions, regulations and instructions regulations mandatory for federal government bodies, government bodies of the constituent entities of the Russian Federation and local government bodies, all legal entities and individuals. In the field of regulation of credit relations, the following acts of the Central Bank of the Russian Federation can be cited:

Regulations on the procedure for the provision (placement) of monetary funds by credit institutions and their return (repayment), which determines the procedure for the implementation of operations for the provision (placement) of funds by banks to clients - legal entities and individuals, including others, and the return (repayment) by clients of banks of funds received funds, as well as the procedure for maintaining accounting specified operations.

Regulations on the procedure for the provision of loans by the Bank of Russia to banks secured by pledges and guarantees, regulating the procedure for the provision of loans by the Bank of Russia to banks secured by the pledge of promissory notes of the bank's client organizations and the rights of claims under the loan agreements of the bank's client organizations, and guarantees of banks, which are jointly and severally with each other and with the borrowing bank undertakes to fulfill the obligations of the borrowing bank to the Bank of Russia.

Regulations on the rules of accounting in credit institutions located on the territory of the Russian Federation, establishing a unified legal and methodological basis for organizing and maintaining accounting, mandatory for all credit institutions in the territory Russian Federation.

Instructions on the procedure for the Bank of Russia to make a decision on the state registration of credit institutions and the issuance of licenses to carry out banking operations, establishing the procedure for registering a credit institution upon its creation, as well as upon its reorganization, the creation of branches and other divisions of a credit institution, and obtaining licenses to carry out banking operations, amendments to the constituent and other documents of the credit institution, approval of the heads of the credit institution.

Until the formal cancellation, some acts of the State Bank of the USSR continue to operate, for example, the Instructional Instructions "On the introduction of the rules for crediting inventories and production costs", and according to the Directive of the Central Bank of the Russian Federation, the Rules themselves have become invalid.

In addition, the Instruction "On settlement, weaving and budget accounts opened in the institutions of the USSR State Bank" is currently in force, which establishes the procedure and requirements for opening accounts for various legal entities in credit institutions, as well as the procedure for reissuing and closing accounts. The specified Instruction is applied in the part that does not contradict the Directive of the Central Bank of the Russian Federation "On the procedure for issuing a card with samples of signatures and seal imprints".

Presidential decrees

Decrees of the President are of a subordinate nature and are applied subject to consistency with the federal laws of the Russian Federation.

Among the acts of the President regulating credit relations, one can single out the Decree "On the provision of guarantees or sureties for loans and credits." This Decree establishes the procedure and conditions for the provision of guarantees or sureties of the Government of the Russian Federation, federal executive bodies for loans and credits, various legal entities.

Also, you can cite the Decree "Questions of the Administration of the President of the Russian Federation", which among the functions of the Administration of Affairs distinguishes the conclusion in the manner prescribed by the legislation of the Russian Federation, loan agreements (credit agreements), as well as the organization of their conclusion by organizations subordinate to it.

The decree "On improving the work of the banking system of the Russian Federation" establishes some general provisions in order to curb inflation and increase the efficiency of the banking system, protect the interests of bank depositors, including the principles of interaction between the Central Bank of the Russian Federation and the Government of the Russian Federation for the purpose of implementing agreed measures to implement monetary policy ...

Government Acts

Government decrees are most often targeted in nature and are applied in relation to the executive authorities and the Government of the Russian Federation itself. In the field of regulation of credit relations, the following acts of the Government of the Russian Federation can be cited:

Resolution "On the procedure for organizing work related to the attraction and use of foreign loans", which establishes the procedure for determining and obtaining loans in foreign currency for state needs, as well as the purposes and directions of using these loans.

With regard to obtaining loans for specific purposes and the payment of interest on loans received by organizations of various industries and activities in Russian credit institutions, there are rules for reimbursing part of the cost of paying interest on loans from the federal budget, which are determined by the Government of the Russian Federation in resolutions. Such reimbursement is carried out by providing subsidies on a monthly basis or in another order within the required amounts, subject to the use of the loan for purposes determined by the Government of the Russian Federation, timely payment of accrued interest and timely repayment of the loan in accordance with loan agreements.

In particular, such rules are established in relation to organizations of the light and textile industries, agricultural producers, organizations of the agro-industrial complex, farms and consumer cooperation organizations and other organizations.

In addition, the Central Bank of the Russian Federation together with the Government of the Russian Federation at the end of 1998 adopted a unique generalizing document on the main directions of the unified state monetary policy for 1999, thereby performing the functions of determining the monetary policy of the state. This document reviewed the situation in the banking sector in 1998, determined the use of such instruments as the establishment of mandatory reserve requirements, refinancing of banks, the implementation of deposit operations, and the establishment of an interest rate policy on Bank of Russia operations, as well as the conditions and objectives of monetary policy for 1999

Acts of ministries and departments

Normative acts of federal ministries and departments traditionally have the least legal force, so they must comply and be applied to the extent that does not contradict other acts mentioned above.

As an example of acts adopted in the field of regulation of credit relations, one can cite:

International Agreements

Among the international acts regulating credit relations, one can single out:

Agreement of the CIS countries "On a unified monetary system and coordinated monetary and exchange rate policies of the states that have retained the ruble as legal tender." This Agreement determines the implementation of settlements in accordance with international trade and banking practice, and the procedure for regulating monetary policy in the states of the ruble zone, as well as in states that are not part of the ruble zone.

One of the main international documents is the Agreement of the Central Bank of the Russian Federation and the Interstate Bank "On the Procedure and Rules for Conducting Banking Activities by an Interstate Bank on the Territory of the Russian Federation". This Agreement defines the type and principles of various banking operations and other transactions carried out by the Interstate Bank on the territory of the Russian Federation, the procedure for carrying out investment activities, financial procedures, settlements and interaction with the Central Bank of the Russian Federation, the creation and organization of the work of branches and representative offices of the Interstate Bank, as well as supervision and regulation of the activities of the said bank.

Agreements on the organization of settlements were signed between the Central Bank of the Russian Federation and national banks of various states, in which one of the powers of the banks participating in the agreements is mutual lending in national currencies and in freely convertible currencies in accordance with accepted international banking practice and laws in force in the territories of banks. parties to agreements. This allows individual credit institutions from different countries to organize correspondent relations to ensure the interests of their clients. An example is the Agreement between the Central Bank of the Russian Federation and the National Bank of the Republic of Belarus, between the Central Bank of the Russian Federation and the National Bank of Tajikistan, the Central Bank of the Russian Federation and the Bank of Latvia, as well as other agreements.

In addition to agreements on settlements with a number of states, various agreements were signed regulating relations in general in the banking sector and in particular in the credit sphere. Thus, on July 17, 1997, the Central Bank of the Russian Federation and the National Bank of Kazakhstan signed an agreement on cooperation in the field of supervision over the activities of credit institutions, an agreement on the organization of correspondent relations, as well as an agreement on cooperation in the field of information and statistics research in the banking and financial spheres.

Business customs

In accordance with Art. 5 of the Civil Code of the Russian Federation, the custom of business turnover is recognized as one of the sources of civil law regulation. At present, customs have an insignificant share in the array of sources. The reason for this is the detailed regulation of banking relations by peremptory norms of laws and by-laws. In addition, the banking system in Russia is too young, and therefore truly meaningful customs have not yet developed. A few examples of customs include the customs for carrying out certain models of lending (current account, overdraft). It should be noted that some of them contradict the legislation, primarily the acts of the Bank of Russia (for example, concerning the opening of loan accounts, methods of repayment of loans, bypassing the current account). The use of such customs is unacceptable until the appropriate changes are made to the regulations.

Local regulations

Local acts are not normative legal, since they do not have a general binding character. These acts are not made public, but only brought to the attention of authorized and interested persons, if necessary.

It is advisable to include the mention of such acts in the loan agreement; the credit institution may also be obliged to inform clients about the adoption of local acts related to lending, with the exception of local acts that determine the general policy, lending limits (including those constituting a commercial secret) that are not affect the rights and interests of the credit institution's clients.

Local acts of a credit institution affecting credit relations include: customer service rules, regulations, instructions, rules on divisions of a credit institution (for example, regulations on the credit committee, regulations on credit management, credit policy, instructions on the procedure for granting loans to legal entities and individuals , instructions on the procedure for supporting credit projects, etc.); regulations on branches of a credit institution; orders, instructions, decisions of the authorized bodies of the credit institution.

Thus, having examined the system of regulatory legal acts regulating credit relations, we can conclude about the variety of legislative acts, as well as the need to bring various acts in line with the current legislation, as well as pose the problem of codifying banking legislation and highlighting the sector of credit legislation for detailed and clear regulation of credit relations.

Links

1. The Constitution of the Russian Federation, adopted by popular vote on 12.12.1993, "Rossiyskaya Gazeta", No. 237 of 25.12.1993
2. Civil Code Of the Russian Federation (part one) of 30.11.1994, No. 51-FZ, SZ RF of 05.12.1994, No. 32, art. 3301.
3. The Civil Code of the Russian Federation (part two) of November 26, 1996, No. 14-FZ, SZ RF of January 29, 1996, No. 5, art. 410.
4. The Civil Code of the Russian Federation (part three) of November 26, 2001, No. 146-FZ, "Rossiyskaya Gazeta", No. 233, of November 28, 2001
5. Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", SZ RF of July 15, 2002, No. 28, Art. 2790.
6. Federal Law of 02.12.1990, No. 395-1 "On Banks and Banking Activities", SZ RF of 05.02.1996, No. 6, Art. 492.
7. Federal Law of the Russian Federation of December 26, 1995 No. 208-FZ "On joint stock companies", SZ RF dated 01.01.1996, No. 1, Art. 1.
8. Federal Law of the Russian Federation of July 16, 1998, No. 102-FZ "On Mortgage (Pledge of Real Estate)", SZ RF of July 20, 1998, No. 29, Art. 3400.
9. Federal Law of the Russian Federation of 10.12.2003, No. 173-FZ "On Currency Regulation and Currency Control", SZ RF of 15.12.2003, No. 50, Art. 4859.
10. Federal Law of the Russian Federation of July 21, 1997 No. 119-FZ "On Enforcement Proceedings", SZ RF of July 28, 1997, No. 30, Art. 3591.
11. Federal Law of the Russian Federation of 26.03.1998, No. 41-FZ "On Precious Metals and precious stones", SZ RF from 30.03.1998, No. 13, Art. 1463.
12. Decree of the President of the Russian Federation of 20.05.2004, No. 649 "Questions of the structure of federal executive bodies", SZ RF of 24.05.2004, No. 21, art. 2023.
13. Regulation of the Central Bank of the Russian Federation of August 31, 1998 No. 54-P "On the procedure for the provision (placement) of funds by credit institutions and their return (repayment)", "Bulletin of the Bank of Russia", No. 70-71 of October 8, 1998.
14. Regulation of the Central Bank of the Russian Federation dated 03.10.2000 No. 122-P "On the procedure for the provision of loans by the Bank of Russia to banks secured by a pledge and surety", "Bulletin of the Bank of Russia", No. 54 dated 09.10.2000.
15. Regulation of the Central Bank of the Russian Federation of 05.12.2002 No. 205-P "On the rules of accounting in credit institutions located on the territory of the Russian Federation", "Bulletin of the Bank of Russia", No. 70-71 of 25.12.2002.
16. Instruction of the Central Bank of the Russian Federation of January 14, 2004, No. 109-I "On the procedure for the Bank of Russia to make a decision on state registration of credit institutions and the issuance of licenses for banking operations", "Bank of Russia Bulletin", No. 15 of February 20, 2004.
17. Instructive instructions of the State Bank of the USSR dated 10.30.1987, No. 174-87 "On the introduction of the rules for crediting inventories and production costs", "Bulletin of normative acts of ministries and departments of the USSR", 1988, No. 6.
18. Ordinance of the Central Bank of the Russian Federation dated 05.04.2002 No. 1131-U "On non-application in the territory of the Russian Federation of certain normative acts of the State Bank of the USSR", "Bulletin of the Bank of Russia", No. 21 dated 17.04.2002.
19. Instruction of the State Bank of the USSR dated 30.10.1986, No. 28 "On settlement, current and budget accounts opened in the institutions of the State Bank of the USSR", "Law", No. 1, 1997
20. Ordinance of the Central Bank of the Russian Federation of June 21, 2003 No. 1297-U "On the procedure for issuing a card with samples of signatures and seal imprints", "Bank of Russia Bulletin", No. 36 of June 27, 2003.
21. Decree of the President of the Russian Federation of 23.07.1997, No. 773 "On the provision of guarantees or sureties for loans and credits", SZ RF of 28.07.1997, No. 30, art. 3606.
22. Decree of the President of the Russian Federation of 08/07/2000, No. 1444 "Questions of the Administration of the President of the Russian Federation", SZ RF of 08/14/2000, No. 33, Art. 3350.
23. Decree of the President of the Russian Federation of 10.06.1994, No. 1184 "On improving the work of the banking system of the Russian Federation", SZ RF of 13.06.1994, No. 7, art. 696.
24. Decree of the Government of the Russian Federation of 19.03.1992, No. 173 "On the procedure for organizing work related to the attraction and use of foreign loans", "Rossiyskaya Gazeta", No. 77 of 03.04.1992.
25. Decree of the Government of the Russian Federation of August 22, 2001 No. 616 "On approval of the rules for reimbursing from the federal budget part of the cost of paying interest on loans received by organizations of the light and textile industry in Russian credit institutions", SZ RF dated August 27, 2001, No. 35 , Art. 3523.
26. Decree of the Government of the Russian Federation of 03/07/2001 No. 192 "On approval of the procedure for reimbursing from the federal budget part of the cost of paying interest on loans received from Russian credit institutions by agricultural producers, organizations of the agro-industrial complex, farms and consumer cooperation organizations", SZ RF from March 26, 2001, No. 13, Art. 1244.
27. "The main directions of the unified state monetary policy for 1999", approved by the Central Bank of the Russian Federation (together with the "Measures for restructuring the banking system of the Russian Federation", approved by the Board of Directors of the Bank of Russia on November 17, 1998, by the Presidium of the Government of the Russian Federation on November 21, 1998), "Bulletin of the Bank of Russia", No. 84 dated December 4, 1998
28. Order of the Ministry of Agriculture and Food of the Russian Federation No. 325, the Ministry of Finance of the Russian Federation No. 47 n dated 20.04.2000 "On approval of a loan agreement on the provision of funds from a special budgetary fund for concessional lending to an organization of the agro-industrial complex in 2000", "Bulletin of normative acts of federal executive bodies", No. 29 from 17.07.2000
29. Agreement of the CIS countries of 09.10.1992 "On a single monetary system and coordinated monetary and exchange rate policy of the states that have retained the ruble as legal tender", Information Bulletin of the Council of Heads of State and the Council of Heads of Government of the CIS "Commonwealth", No. 7, 1992 year
30. Agreement of the Central Bank of the Russian Federation and the Interstate Bank dated 02.12.1996 "On the Procedure and Rules for Conducting Banking Activities by the Interstate Bank on the Territory of the Russian Federation", "Bulletin of the Bank of Russia" No. 64 dated 26.10.1999.
31. Agreement between the Central Bank of the Russian Federation and the National Bank of the Republic of Belarus dated 20.02.1997 "On the organization of settlements between business entities of the Russian Federation and the Republic of Belarus", "Bulletin of the Bank of Russia", No. 28 dated 14.05.1997.
32. Agreement between the Central Bank of the Russian Federation and the National Bank of Tajikistan dated 13.02.1997 "On the organization of settlements", "Bulletin of the Bank of Russia", No. 28 dated 14.05.1997.
33. Agreement between the Central Bank of the Russian Federation and the Bank of Latvia of 12.02.1997 "On the organization of settlements between economic entities of the Russian Federation and the Republic of Latvia", "Bulletin of the Bank of Russia" No. 10 of 20.02.1997.

which banking professionals often use in their speech

date of publication: 04/26/2013

update date: 02.01.

Bankers are very well aware of the regulations that govern their activities. These documents are re-read in the bank many times, depending on the complexity of the operations being carried out and the appearance of new ones. Moreover, in Russia laws, instructions and regulations are constantly undergoing changes, often very significant, and you have to re-read the documents. And the numbers of these documents are quickly remembered. Behind these numbers is a whole era of development of banking in Russia and a huge amount of knowledge that regulates the entire range of banking operations.

In this regard, in order to reduce in his speech the mention of any normative act bank employees name only the document number, without using either its name or anything about it... It is absolutely clear to dedicated specialists about what it is, and what it is, and why it was mentioned.

In order to introduce the uninitiated into banking, ProfBanking publishes a list of the main documents regulating banking activities, and gives a brief annotation to each regulatory act.

If you want to see all banking documents and their texts, go to the banking library.

The main regulations governing banking:

395-1 - the main federal law on banks and banking activities, gives the concepts of "credit organization", "bank", "non-bank credit organization", "banking group", "bank holding", "banking operations", "deposit", "depositor", sets the value of the minimum authorized capital bank, qualification requirements for bank managers, contains the rules on the registration of credit institutions and their licensing, as well as the grounds for revoking the bank's license, especially the reorganization and liquidation of banks. This law, of course, should be known to every bank employee.

Federal Law No. 395-1 dated 02.12.1990 "On Banks and Banking Activities"

86-FZ- the law on the Central Bank of the Russian Federation, establishes the functions of the Central Bank of the Russian Federation, describes the governing bodies of the Bank of Russia, the reporting requirements of the Bank of Russia, determines the monetary unit of Russia, the main instruments and methods of monetary policy, the rights of the Central Bank of the Russian Federation to carry out certain operations, and also concerns banking regulation and banking supervision. Every bank employee should know this law.

Official details of the regulation:

Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)"

579-P- Chart of accounts for accounting in the bank and the rules for reflecting transactions in the bank's accounting (until April 03, 2017, Regulation No. 385-P was applied, but it was canceled).

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 579-P dated February 27, 2017 "On Chart of accounts of accounting for credit institutions and the procedure for its application »

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153-I- the most important document on the rules for opening and closing all types of bank accounts opened for individuals, legal entities, entrepreneurs: current, settlement, correspondent and other accounts. The instruction also applies to accounts for accounting of deposits (deposits) and deposit accounts of courts, divisions of the bailiff service, law enforcement agencies and notaries. The instruction contains a list of documents required for opening each account, requirements for conducting a client's legal case, drawing up a card with sample signatures and a seal imprint.

Official details of the regulation:

Instruction of the Central Bank of the Russian Federation No. 153-I dated May 30, 2014 "On opening and closing bank accounts, deposit accounts, deposit accounts"

161-FZ- the law on the national payment system. This law is a new round in the development of the settlement system in the Russian Federation. It establishes the legal and organizational foundations of the national payment system, regulates the procedure for the provision of payment services, including the implementation of the transfer of funds, the use of electronic means of payment, the activities of the subjects of the national payment system, and also determines the requirements for the organization and operation of payment systems, the procedure for exercising supervision and observations in the national payment system.

Official details of the regulation:

Federal Law No. 161-FZ of June 27, 2011 "On the National Payment System"

383-P- Regulation of the Central Bank of the Russian Federation, establishing the rules for the transfer of funds by credit institutions in Russian rubles through bank accounts and without opening bank accounts. Regulation No. 383-P was developed on the basis of Law 161-FZ "On the National Payment System" and establishes the following forms of non-cash payments: settlements by payment orders; by letter of credit; collection orders; by checks; direct debit; in the form of an electronic money transfer.

Money transfers can be executed by orders in the form of: payment order, collection order, payment request, payment order. The forms of these documents are given in the annexes to Regulation 383-P.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 383-P dated June 19, 2012 "On the rules for transferring funds"

199-I- one of the most important Instructions of the Central Bank of the Russian Federation, establishing the methodology for calculating the mandatory ratios of banks. The instruction sets 12 mandatory standards, each of which must be observed by the bank on a daily basis (before January 1, 2020, Instruction No. 180-I was applied, but it was canceled).

Official details of the regulation:

Instruction of the Central Bank of the Russian Federation No. 199-I of June 28, 2017 "On mandatory ratios and surcharges to capital adequacy ratios for banks with a universal license"

595-P- Regulation that regulates the rules for participants in the payment system of the Bank of Russia (PS BR). In addition, Regulation 595-P introduced a new structure of the BIK and the procedure for its assignment, but for existing banks the BIK remains the same.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 595-P dated 06.07.2017 "On the payment system of the Bank of Russia"

507-P- regulations on the FOR (FOR - required reserves fund): how to calculate the amount of required reserves, the procedure for regulating the FOR, the procedure for compiling and submitting to the Bank of Russia the calculation of the required reserves.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 507-P dated 01.12.2015 "On mandatory reserves of credit institutions"

590-P- one of the most important and complex regulations of the Bank of Russia; establishes the procedure for classifying loans by quality categories, taking into account the financial position of the borrower and the quality of debt service to them, determines the boundaries of the amount of the estimated reserve as a percentage of the principal amount, the specifics of the formation of the reserve for loans on portfolios of homogeneous loans, the procedure for writing off bad debts by the bank on loans. Required document for working with loans, discounted bills, securities for transactions with deferred payment or delivery, factoring requirements (until July 14, 2017, Regulation No. 254-P was applied, but it was canceled)

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 590-P of June 28, 2017 "Regulation on the procedure for the formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debts"

611-P- a document on the classification of other (not related to loans under 590-P) elements of the calculation base in order to form a reserve for possible losses.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 611-P dated October 23, 2017 "On the procedure for the formation of reserves for possible losses by credit institutions"

4927-U- Do you know that each commercial bank provides the Bank of Russia with several dozen different reports on its activities on a quarterly, monthly, ten-day, daily basis? This document establishes reporting forms for credit institutions. A very voluminous regulation. Contains not only the forms of reports, but also the procedure for the preparation and presentation of each report.

Official details of the regulation:

Bank of Russia Ordinance No. 4927-U dated 08.10.2018 "On the List, Forms and Procedure for Compiling and Submitting Reporting Forms for Credit Institutions to the Central Bank of the Russian Federation"

646-P- establishes a methodology for determining the amount of a bank's capital, taking into account international approaches to increasing the stability of the banking sector (Basel III). The amount of equity (capital), determined in accordance with Regulation 646-P, is used to determine the values ​​of mandatory ratios, as well as in other cases when in order to determine the value of prudential standards of activity, the indicator of the credit institution's equity is used.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 646-P dated 04.07.2018 "On the Methodology for Determining Equity (Capital) of Credit Institutions (" BASEL III ")"

178-I- sets the size (limits) of open currency positions, the methodology for calculating them, and the specifics of supervising their observance.

Official details of the regulation:

Bank of Russia Instruction No. 178-I of December 28, 2016 "On setting the size (limits) of open foreign exchange positions, the methodology for calculating them and the specifics of supervising their observance by credit institutions"

148-I- a normative act concerning the issues of issuing shares and bonds by commercial banks, preparing a securities prospectus, registering a securities issue by banks.

Official details of the regulation:

Instruction of the Central Bank of the Russian Federation No. 148-I of December 27, 2013 "On the Procedure for Issuing Securities of Credit Institutions in the Territory of the Russian Federation"

135-I- a large and complex regulatory act concerning the issues of state registration of banks and the issuance of licenses to them. This document is well known to the bank's legal service and the bank's management. Describes all types of banking licenses, general requirements for the founders of the bank, for the list of documents submitted to the Central Bank of the Russian Federation for obtaining licenses, for the opening and closing of branches by banks, for the reorganization of the bank.

Official details of the regulation:

Instruction of the Central Bank of the Russian Federation No. 135-I of 02.04.2010 "On the procedure for the Bank of Russia to make a decision on the state registration of credit institutions and the issuance of licenses for banking operations"

242-P- a document on internal control in the bank, what is the need for an internal control system in the bank, how to organize it.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 242-P dated 16.12.2003 "Regulation on the organization of internal control in credit institutions and banking groups"

115-FZ- federal law aimed at creating a mechanism for combating money laundering and terrorist financing. To the unusual functions that banks have, this law added one more - the function of mandatory control over suspicious transactions with the obligation to submit information about them to Rosfinmonitoring. Since the adoption of the law in 2001, a lot has changed in the work of banks: full-fledged internal services have appeared, dealing only with issues of countering legalization, voluminous internal documents of the bank on countering legalization have been written, questionnaires have been developed for clients, for beneficiaries, special software systems and communication channels have been introduced ...

Official details of the regulation:

Federal Law No. 115-FZ of 08/07/2001 "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism"

499-P- this is the procedure for identifying customers in order to comply with the norms of Law 115-FZ.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 499-P 15.10.2015 "On the identification by credit institutions of customers, customer representatives, beneficiaries and beneficial owners in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism"

39-FZ- the main normative act on the securities market and the activities of professional participants in the securities market; the law establishes the concepts of "equity security", "share", "bond", "issuer option", "issuer", "registration number of the issue", "public offering of securities", "listing of securities", "brokerage activities", "Dealer activities", "securities management activities", "depository activities" and others.

Official details of the regulation:

Federal Law No. 39-FZ of 22.04.1996 "On the Securities Market"

Geneva Convention or (Bill of Exchange)- an international normative act, concluded in Geneva in 1930, which entered into force for the USSR in 1937 and extends to Russia by succession. Refers to special bill of exchange legislation and establishes uniform norms and requirements for the registration of bills and circulation of bills for states that have acceded to the Convention. Despite the fact that promissory notes in Russia are regulated not so much by the Geneva Conventions as by the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR dated August 7, 1937 No. 104/1341 "On the enactment of the provision on a bill of exchange and promissory note", practically repeating norms of the Geneva Convention, to work with bills you must know both documents very well.

Official details of the regulation:

645-P- the rules for the issuance and execution by banks of certificates of deposit and savings certificates, also includes the requirement for the mandatory registration of the conditions for issuing savings and deposit certificates of credit institutions with the Bank of Russia.

Official details of the regulation:

Regulation of the Bank of Russia dated 03.07.2018 No. 645-P "On savings and deposit certificates of credit institutions"

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173-FZ- the law on the foreign exchange policy of Russia, introduces the concepts of "domestic securities", "foreign securities", "residents", "non-residents", "foreign exchange transactions" and enshrines the basic principle of foreign exchange legislation: "everything is prohibited, except for what is expressly permitted ". This is a very important law for banks, since banks are entrusted with the function of agents of foreign exchange control.

Official details of the regulation:

Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control"

177-FZ- the law on insurance of deposits in banks, defines the basic principles of insurance of deposits, participants in the insurance system, which deposits are insured, an insured event, the amount of compensation for deposits in a bank, the competence of the Deposit Insurance Agency, requirements for banks participating in the deposit insurance system, the procedure for calculating and payment by banks of insurance premiums to the Agency's account with the Bank of Russia.

Official details of the regulation:

Federal Law No. 177-FZ of 23.12.2003 "On Insurance of Deposits in Banks of the Russian Federation"

630-P- determines the procedure for conducting cash transactions by banks with cash rubles when carrying out banking operations and other transactions, the procedure for working with banknotes of the Bank of Russia that are in doubt as to their solvency, insolvent banknotes of the Bank of Russia, the presence of signs of counterfeiting which does not raise doubts among the cashier of a credit institution, and also establishes the rules for storage, transportation and collection of cash in credit institutions on the territory of the Russian Federation.

Official details of the regulation:

Bank of Russia Regulation No. 630-P dated January 29, 2018 "On the procedure for conducting cash transactions and the rules for storing, transporting and collecting banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation"

See the texts of the current regulations

on banking in our

2054-U- establishes the procedure for conducting cash transactions in authorized banks with banknotes of foreign states.

Official details of the regulation:

Ordinance of the Central Bank of the Russian Federation No. 2054-U dated August 14, 2008 "On the procedure for conducting cash transactions with foreign currency in cash in authorized banks on the territory of the Russian Federation"

266-P- establishes the procedure for issuing bank cards on the territory of the Russian Federation by credit institutions and the specifics of carrying out transactions with payment cards, the issuer of which may be a credit institution, a foreign bank or a foreign organization.

Official details of the regulation:

Regulation of the Central Bank of the Russian Federation No. 266-P dated 24.12.2004 "On the issue of payment cards and on transactions performed with their use"

In an accessible language about the work of a modern commercial bank:

main distance course ProfBanking

A REAL PEARL IN THE SEA OF BANKING COURSES

The main legislative and regulatory documents governing banking activities include: Civil Code of the Russian Federation; Tax Code of the Russian Federation;

Federal Law "On Banks and Banking Activities" dated 02.12.90 No. 3951 (as amended on 21.03.02);

Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" dated 10.07.02 No. 86-FZ;

Federal Law “On Auditing” dated 07.08.01 No. 119-FZ (as amended on 30.12.01);

Federal Law "On Joint Stock Companies" dated 26.12.95 No. 208-FZ (as amended on 21.03.02);

Federal Law "On Limited Liability Companies" dated 08.02.98 No. 14-FZ (as amended on 21.03.02);

Federal Law "On Accounting" dated 21.11.96 No. 129-FZ (as amended on 28.03.02);

Federal Law "On the Securities Market" dated 04.22.96 No. 39-FZ (harm, dated 07.03.01);

Federal Law "On a bill of exchange and promissory note" dated 11.03.97 No. 48-FZ;

Law of the Russian Federation "On Currency Regulation and Currency Control" dated 09.10.92 No. 3615-1 (as amended on 30.12.01);

Regulation of the Bank of Russia "On the rules of accounting in credit institutions located on the territory of the Russian Federation" dated 05.12.02 No. 205-P.

7.2. Features of the organization of control and audit in the banking system of the Russian Federation

In the Russian Federation, control over the activities of commercial banks is carried out by state bodies, independent audit and internal control services of banks.

Banking regulation and supervision is the most stringent among financial institutions. Credit institutions in their work must comply with the strict rules of the banking regulation system, which are a set of laws and rules established by authorized state bodies. These rules relate to the procedure for opening and licensing the activities of credit institutions, conducting banking operations and the nature of the services offered, the quality and size of loans provided, the adequacy of equity capital, the transparency of financial reporting and many other issues.

The body of banking regulation and banking supervision in accordance with Art. 56 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" is the Bank of Russia. The main goals of banking regulation and supervision are to maintain the stability of the Russian banking system and to protect the interests of depositors and creditors.

The subject of banking supervision is banking activities carried out by credit institutions, in the course of which banking legislation and other regulations containing the norms of banking law in Russia must be observed.

In cases of violation by a credit institution of federal laws, regulations and instructions of the Bank of Russia, failure to submit or submission of incomplete and inaccurate information, the Bank of Russia has the right to apply sanctions to credit institutions up to the revocation of a license to conduct banking operations.

The obligation of an annual audit for credit institutions is enshrined in the Federal Law “On Banks and Banking Activities” (Article 42) and the Federal Law “On Auditing Activities” (Article 7).

The annual audit of banks is carried out by an audit organization licensed in accordance with Russian legislation to carry out such audits. The audit organization is obliged to draw up an opinion on the results of the audit, containing information on the reliability of the financial statements of the credit organization, its compliance with the mandatory standards established by the Bank of Russia, the quality of management of the credit organization, the state of internal control and the compliance of the accounting procedure with the legislation of Russia.

The subject of a mandatory audit is the annual report of the credit institution, as well as reports subject to publication in the open press ("published reports").

The auditor's report on the reliability of the reporting is a necessary appendix to the annual report of the credit institution to be submitted to the Bank of Russia. In accordance with Art. 8 of the Federal Law “On Banks and Banking Activities”, a credit institution is obliged to publish an annual report annually certified by an auditing organization.

The regulations of the Bank of Russia contain requirements according to which prospectuses are subject to certification by an independent auditing firm when issuing shares associated with an increase in the authorized capital of a credit institution and prospectuses when issuing bonds.

Thus, audit organizations are a necessary element of the banking market infrastructure. Along with state supervisory authorities, they contribute to the sustainable functioning of the banking system of the Russian Federation, its constant improvement and integration into the global banking community.

To express an opinion on the reliability of the audited accounts, auditors usually consider the following aspects:

7. Compliance with the current legislation and regulations of the Bank of Russia on transactions performed by the credit institution.

8. The state of accounting and reporting on transactions performed by the credit institution.

9. Fulfillment of mandatory economic standards established by the Bank of Russia.

10. The quality of management of the credit institution, including the state of the internal control system:

the adequacy of the management structure to the types and volumes of operations performed;

assessment of credit policy and the quality of credit risk management;

the state of internal accounting and reporting by types of professional activities in the securities market;

risk management when performing operations on the securities market;

organization of control over the activities of branches.

1. Instruction of the Central Bank of the Russian Federation of January 14, 2004 No. 109-I “On the procedure for the Bank of Russia to make a decision on state registration of credit institutions and issuance of licenses for banking operations”;
2. Instruction of the Central Bank of the Russian Federation of January 16, 2004 No. 110-I "On mandatory bank ratios";
3. Regulation of the Central Bank of the Russian Federation dated 05.12.2002 No. 205-P "On the rules of accounting in credit institutions located on the territory of the Russian Federation";
4. Regulation of the Central Bank of the Russian Federation of March 28, 2004 No. 255-P "On mandatory ratios for credit institutions";
5. Regulation of the Central Bank of the Russian Federation dated 09.10.2002 No. 199-P “On the procedure for conducting cash transactions in credit institutions in the territory of the Russian Federation”;
6. Ordinance of the Central Bank of the Russian Federation of January 16, 2004 No. 1379-U "On assessing the financial stability of a bank in order to recognize it as sufficient for participation in the deposit insurance system";
7. Regulation of the Central Bank of the Russian Federation of January 16, 2004 No. 248-P "On the procedure for consideration by the Bank of Russia of a bank's petition for the Bank of Russia to issue an opinion on the bank's compliance with the requirements for participation in the deposit insurance system";
8. Regulation of the Central Bank of the Russian Federation of February 10, 2003 No. 215-P "On the methodology for determining the equity (capital) of credit institutions";
9. Regulation of the Central Bank of the Russian Federation dated 03.10.2002 No. 2-P "On cashless payments in the Russian Federation";
10. Instruction of the Central Bank of the Russian Federation of April 28, 2004 No. 113-I "On the procedure for opening, closing, organizing the work of exchange offices and the procedure for authorized banks to carry out certain types of banking operations and other transactions with foreign currency and the currency of the Russian Federation, checks (including traveller's checks ), the nominal value of which is indicated in foreign currency, with the participation of individuals ";
11. Instruction of the Central Bank of the Russian Federation of 01.06.2004 No. 114-I "On the procedure for reserving and returning the amount of the reservation when carrying out foreign exchange transactions";
12. Regulation of the Central Bank of the Russian Federation of 01.06.2004 No. 258-P "On the procedure for the submission by residents of authorized banks of supporting documents and information related to the conduct of foreign exchange transactions with non-residents in foreign trade transactions, and the exercise by authorized banks of control over the conduct of foreign exchange transactions";
13. Instruction of the Central Bank of the Russian Federation of June 15, 2004 No. 117-I "On the procedure for the submission of documents and information by residents and non-residents to authorized banks when carrying out currency transactions, the procedure for accounting by authorized banks of currency transactions and the issuance of transaction passports";
14. Instruction of the Central Bank of the Russian Federation of March 30, 2004 No. 111-I "On the obligatory sale of a part of foreign exchange earnings in the domestic foreign exchange market of the Russian Federation";
15. Instruction of the Central Bank of the Russian Federation of 07.06.2004 No. 115-I "On special accounts for accounting for non-residents' funds";
16. Regulation of the Central Bank of the Russian Federation of April 28, 2004 No. 256-P "On the temporary procedure for issuing by the Bank of Russia to legal entities - residents that are not credit institutions and currency exchanges, permits to open and use accounts in banks outside the territory of the Russian Federation";
17. Ordinance of the Central Bank of the Russian Federation of 24.04.2003 No. 1274-U "On the peculiarities of using the formats of settlement documents when making electronic settlements through the settlement network of the Bank of Russia";
18. Instruction of the Central Bank of the Russian Federation of March 31, 1997 No. 59 “On the Application of Measures to Credit Institutions”;
19. Ordinance of the Central Bank of the Russian Federation of November 28, 2001 No. 137-T “On Recommendations for the Development of Internal Control Rules by Credit Institutions in Order to Counteract the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism”;
20. Information letter of the Central Bank of the Russian Federation of August 21, 2002 No. 1 "On the application of the Federal Law" On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes ";
21. Letter of the Central Bank of the Russian Federation of 15.05.2003 No. 12-1-4 / 1997 “On the procedure for making settlements by residents in the currency of the Russian Federation”;
22. Ordinance of the Central Bank of the Russian Federation of April 28, 2004 No. 1425-U "On the Procedure for Carrying Out Currency Transactions in Transactions Between Authorized Banks";
23. Instruction of the Central Bank of the Russian Federation of 07.06.2004 No. 116-I "On the types of special accounts of residents and non-residents";
24. Regulation of the Central Bank of the Russian Federation of 24.09.1999 No. 89-P “On the procedure for calculating the size of market risks by credit institutions”;
25. Regulation of the Central Bank of the Russian Federation of May 14, 2003 No. 227-P “On the procedure for keeping records and submitting information on affiliated persons of credit institutions”;
26. Ordinance of the Central Bank of the Russian Federation of March 31, 2000 No. 766-U "On the Criteria for Determining the Financial Condition of Credit Institutions";
27. Regulation of the Central Bank of the Russian Federation of 09.07.2003 No. 232-P "On the procedure for the formation of reserves for possible losses by credit institutions";
28. Regulation of the Central Bank of the Russian Federation of 26.03.2004 No. 254-P "On the procedure for the formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debts";
29. Letter of the Central Bank of the Russian Federation dated July 27, 2000 No. 139-T “On Recommendations for Analysis of the Liquidity of Credit Institutions”;
30. Regulation of the Central Bank of the Russian Federation of December 16, 2003 No. 242-P "On the organization of internal control in credit institutions and banking groups";
31. Regulation of the Central Bank of the Russian Federation on June 26, 1998 No. 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks, and the reflection of these operations in accounting accounts";
32. Regulation of the Central Bank of the Russian Federation of 30.12.1999 No. 103-P "On the procedure for maintaining accounting records of transactions related to the issuance and redemption of savings and deposit certificates by credit institutions";
33. Instruction of the Central Bank of the Russian Federation of August 25, 2003 No. 105-I "On the procedure for conducting inspections of credit institutions (their branches) by authorized representatives of the Central Bank of the Russian Federation".

Educational literature, monographs, articles

1. Avramenko S. New forms of investment in a transitional economy. // The Economist. - 1999. - No. 3. - S. 92-96.
2. S.V. Afonina Electronic money. - SPb .: Publishing house PETER, 2001.118 p.
3. Alpimov U.A. The market of interbank loans as a regulator of the banking system's liquidity. - SPb .: Publishing house of SPbGUEF, 1998.
4. Analysis of the economic activity of the bank's clients: Tutorial/ Ed. O.I. Lavrushina. - M .: Infra-M, 1996.
5. Antipova O.N. International banking supervision standards. / Ed. I.K. Kokoshkina. - M .: Personnel Training Center of the Central Bank of the Russian Federation, 1997.
6. Antonov N.G., Pessel M.A. Money circulation, credit and banks: Textbook - M .: Finstatinform, 1995.
7. Arustamov E.A. Levakov V.A. Mitrofanova T.P. Banking, customs and office equipment. - M .: 1999.
8. Bank Audit: Textbook / Ed. prof. G.N.Beloglazova, prof. L.P. Krolivetskoy, prof. E.A. Lebedeva. - M .: Finance and Statistics, 2001.
9. Anti-crisis management: preventive management methods: Textbook - SPb .: Publishing house Peter, 2001.
10. The banking sector of Russia: from stabilization to efficiency. - Collection scientific papers ed. doct. econom. Sciences, prof. N.A. Savinskaya, Dr. econom. Sciences, prof. G.N.Beloglazova .. - St. Petersburg: Publishing house of St. Petersburg State University of Economics, 2003.
11. Balabanov I.T. etc. Money and financial institutions. - SPb .: Publishing house PETER, 2000.
12. Banking system of Russia. Banker's handbook. In 3 volumes / Ed. A.G. Gryaznova, O.I. Lavrushin, G.S. Panova and others - M .: DeKa, 1995.
13. Banking: Textbook / Ed. prof. V.I. Kolesnikov, prof. L.P. Krolivetskaya. - M .: Finance and statistics, 1998. - 464p.
14. Banking: Textbook / Ed. O.I. Lavrushina. - M .: Finance and statistics, 1999 .-- 576p.
15. Banks and banking operations: Textbook / Ed. E.F. Zhukova. - M .: Banks and stock exchanges, UNITI, 1996.
16. Bard V.S. Financial and investment complex: theory and practice in the context of reforming the Russian economy. - M .: Finance and statistics, 1998. - 304s.
17. Belykh L.P. Stability of commercial banks: how to avoid bankruptcy. - M .: Banks. UNITY, 1996.
18. Bobrakov Yu.I. USA: Central Bank and Economy. - M .: Nauka, 1988 .-- 157s.
19. Bor M.Z., Pyatenko V.V. Bank management: organization, strategy, planning. - M .: ICC "DIS", 1997.
20. Foreign exchange market and foreign exchange regulation: Textbook / Ed. I.N. Platonova. - M .: BEK, 1996.
21. Vishnyakov I.V. Economic and mathematical models for evaluating the activities of commercial banks. - St. Petersburg: Publishing house of St. Petersburg University, 1999.
22. Gvozdev B.Z. Factoring. - M .: Association of Authors and Publishers "TANDEM", 2000, 159s.
23. Dealing for Beginners: Textbook / Ed. Yu Zhvakolyuk. - SPb .: Publishing house Peter, 2001.
24. Long-term investments of banks: analysis, structure, practice: Textbook / Ed. K. Sadvakasova, A. Sagdieva. - M .: Os-89, 1998.
25. Monetary Circulation and Banks: Textbook / Ed. prof. G.N.Beloglazova, prof. G.V. Tolokontseva. - M .: Finance and Statistics, 2000.
26. Money, credit, banks: Textbook / Ed. O.I. Lavrushina. - M .: Finance and statistics, 1998.448s.
27. Dichenko M.B. Commercial bank liquidity. St. Petersburg: Publishing house of St. Petersburg State University of Economics, 1996, 1996 .-- 177 p.
28. Dolan E.J. and other Money, banking and monetary policy: Per. with anggl. / Under total. Ed. V. Lukashevich, M. Yartseva. - SPb, 1994 .-- 496s.
29. Liselot Suren. Currency operations: fundamentals of theory and practice: Per. with him. / Ed. S.S. Lyubinina. - Academy of National Economy under the Government of the Russian Federation. - M .: Delo, 2001.
30. Erpyleva N.Yu. International banking law: Textbook. Benefit. - M .: "FORUM" INFRA-M, 1998. - 264p.
31. Information Technology in economics and management: Textbook / Ed. A.A. Kozyreva. - SPb: Mikhailov Publishing House, 2001.
32. Investments and innovations: dictionary-reference book / Ed. prof. M.Z.Bora, A.Yu.Denisova. - M .: DIS, 1998.
33. Karlik A.E., Beregovoy V.A. The financial component of innovative management. // Collection of scientific papers / Ed. doct. econom. Sciences, prof. A.I. Mikhailushkina, Cand. econom. Sciences, Assoc. Savinskaya N.A. - SPb .: Publishing house of SPbGIEU. - 1999, p. 237-239.
34. Kopeikina E.N., Baidukova N.V. Differences in the accounting of fixed assets of a credit institution based on the requirements of accounting, tax legislation and IFRS // Collection of scientific works / Ed. doct. econom. sciences prof. A.I. Mikhailushkina, Dr. econom. Sciences, prof. N.A. Savinskaya. - SPb .: Publishing house of SPbGIEU. 2004, pp. 80 - 83.
35. Kravtsov M.V., Rodionova L.N. Assessment of the investment attractiveness of industries in the credit policy of a commercial bank. // Collection of scientific papers / Ed. doct. econom. Sciences, prof. A.E. Karlik. - SPb .: Publishing house of SPbUEF. - 1996 .-- 128 p.
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40. Fundamentals of international monetary and financial relations: Textbook / Ed. prof. V.V. Kruglova. - M .: INFRA-M, 2000, 431s.
41. Piskulov D.Yu. Theory and practice of currency dealing. - M .: INFRA-M, 1996, 214s.
42. Reed E., Cotter R., Gill E., Smith R. Commercial banks, trans. from English - M .: Progress, 1993.
43. Savinskaya N.A. Selected areas of development of the banking sector in the region. // Collection of scientific papers / Ed. doct. econom. sciences prof. A.I. Mikhailushkina, Dr. econom. Sciences, prof. N.A. Savinskaya. - SPb .: Publishing house of SPbGIEU. 2004, pp. 3 - 8.
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48. Fetisov G.G. The stability of a commercial bank and rating systems for its assessment. - M .: Finance and statistics, 1999, 168p.
49. Cherkasov V.E. Currency calculations: tasks and solutions. - M .: Finance and Statistics, 1998.
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51. Sheremet A.D. Financial analysis in a commercial bank. - M .: Finance and Statistics, 2000.

The sphere of financial activity is inextricably linked with other economic processes, and requires careful and precise regulation by the state. Banking organizations occupy an important place in the general direction of economic development, and their activities play an important role in this.

Lending is one of the main areas of work of financial institutions. Competent and professional regulation of this area ensures stability and development prospects in general. Unfortunately, in Russia, the regulatory documents that relate to the work of banks and establish the basis for their activities are still incomplete and imperfect.

The role of regulatory documents in the work of banking organizations

Compliance with laws and regulations is vital in any area and direction of activity. With regard to lending and its aspects, the development of this area in our country took place in the opposite way. First, the internal rules and fundamentals of work were established, using the example of successfully developing Western financial institutions, and then laws were developed for this activity.

This approach was risky enough, but in the end it worked well. Now in Russia there are various regulatory legal acts and documents regulating the activities of financial organizations, and new ones are constantly being developed and created, since the financial services market is constantly expanding and changing.

List of major laws and regulations that govern the activities of financial institutions

The country's legislative acts have a certain level. The main document that regulates legal relations between citizens is Constitution... Its art is directly related to the sphere of finance and lending. 71, which establishes the basic rules of Russia's financial policy.

At the next level in importance are the Federal Laws of the country. The main document among them is Civil Code... Definition general principles the work of financial institutions, the establishment of relations between them and their clients, the specification and list of types of contractual obligations (such as loan agreements, borrowings for the purchase of securities or bonds, loan agreements, etc.) are spelled out in the second part of the Civil Code, chapter 42 , Art. 819, Art. 820, Art. 821.

Other Federal laws regulate certain aspects of the activities of credit institutions. The main ones today are the Federal Law “On Banks and Banking Activities”, as well as “On the Central Bank of the Russian Federation”. The second law is of particular importance, since it is the Central Bank that is the main regulator of the country's financial market, and its position and powers have a very significant impact on the development of commercial banking in general.

Other Federal laws also partially regulate credit relations, some of their clauses include the following rules and regulations:

• Accounting Law;
• The Law on Enforcement Proceedings;
• Law "On Currency Regulation and Currency Control".

Important regulatory documents in the field of lending also include the Regulations of the Central Bank of Russia. They regulate in more detail all areas of activity of financial institutions: the procedure for granting loans to clients financial institutions and their registration, the procedure for the very registration and licensing of banking institutions, the procedure for maintaining accounting, etc.

The documents that establish the rules and norms of lending activities also include Decrees of the President and the government, ministries and departments, as well as international acts and agreements in the field of financial services.

Disadvantages of the Russian legal system in the field of banking

The real development and improvement of the Laws of Russia on financial activities began relatively recently. Changes and amendments were made to the Federal Law, as well as drafts of new Laws are being created. The Main Law "On Banks and Banking Activities" received mostly positive assessments from experts. However, some areas of work do not yet have any clear regulations. For example, work with electronic money, as well as the basics of credit bureaus, protection of personal data of clients and others.