The Bank is an essential element of the financial system in any state. In the Russian Federation, banking relations are regulated by many regulatory acts. How exactly banks function in our state will be described in this article.
general characteristics
The functions of the system of banking legal relations include the regulation of the Central Bank and commercial financial institutions. According to the conclusion of lawyers, banking law consists of civil and financial law. Civil norms establish the procedure for creating banks and their activities. The rules of financial law form the principles of lending, determine the status of the Russian Central Bank and regulate its relations with commercial banks.
The entire banking system has a huge impact on the state economy. Science has developed a special classification to divide banking law into three levels. Here it is worth highlighting sub-sectors (for example, foreign exchange law), legal institutions (institute of cash or bank transfer), as well as legal norms. The set of individual rules forms a specific institution of banking law. Compliance is ensured by the right to apply sanctions.
Bank Relationship System
What legal sources are the basis for the system in question? This is the Constitution, the Federal Law "On the Central Bank of the Russian Federation", the Federal Law "On Banking", as well as the Law "On Bankruptcy". It contains some provisions on banks and the Civil Code.
The system of banking law in Russia has a two-tier character. The first place is occupied by the Russian Central Bank. At the second stage are all the remaining subjects of banking legal relations. These are various credit organizations - such as commercial banks and private non-banking institutions. The state is erecting a management system from bodies competent in competence. Clear requirements are established for the implementation of banking activities.
Control
How exactly is the banking system managed in Russia? According to the basic law of the country, the head of state plays an important role in governance. It is he who directs issues of a financial, credit and economic nature. The President ensures the coordinated work of state bodies, presenting candidates to various posts to the State Duma and the Federation Council. In particular, it is worth highlighting the positions of the chairman and board of directors of the Central Bank, as well as the head of the Accounts Chamber.
The Central Bank itself is subordinate to the State Duma. The lower house of Parliament has the following powers with respect to the banking system:
- appointment to the post of head of the Bank of Russia;
- sending and recalling their representatives from the National Banking Council;
- consideration of the annual report of the Bank of Russia;
- holding parliamentary hearings on the activities of the Central Bank and more.
The Federation Council, in turn, is obliged to send two of its representatives to the National Banking Council.
Banking and civil law
What is regulated by civil law? It is worth highlighting the definition of the legal status of participants in the civil system, the grounds for the formation of property and non-property rights, the regulation of contractual obligations and much more. All of these elements are present in banking law. In fact, the banking system is closely linked to civil law.In this case, it would be erroneous to consider the species in question completely dependent on civil law. 
What are the differences between the two legal systems? First, banking relations do not imply broad autonomy of the will of the parties. Most of the norms in the system of credit organizations are mandatory. Secondly, for violation of the law, credit organizations are attracted according to the norms of banking, and not civil law. A simple example: article 836 of the Civil Code of the Russian Federation refers to the conclusion of a banking agreement in writing. At the same time, the Code does not specify whether an offer or an acceptance will be sufficient grounds. At the same time, Article 36 of the Law "On Banking Activities" says about the mandatory conclusion of an agreement in case of attracting funds to deposits.
Banking and financial law
The formation, distribution and use of funds is regulated by financial law. The subject of this legal sphere is relations that may arise in the process of financial activity of the federation and regional entities.
What norms between financial and banking law are related? Here it is worth mentioning the relationship between the Central Bank and credit institutions on the formation and use of mandatory cash reserves. It is necessary to clearly distinguish when the Bank of Russia interacts with credit organizations, and when it takes part in financial relations. In the first case, we are talking about the related application of banking and financial law, and in the second, a specific rule of financial law.
Bank holding
In banking relations two types of associations play an important role: this is a group and a holding. According to Article 4 of the Federal Law "On Banks", a group of credit organizations recognizes an association of legal entities, which is not a credit person. One credit organization manages such an association.
In the case of the holding, everything is somewhat different. We are talking about the same association as in the case of the group, only the manager here is an organization that does not have the status of a bank. The share of banking activities in the holding should not be less than 40 percent. Control over both the banking group and the holding is established by the International Financial Reporting Standards.
There are other forms of banking relationships. So, you need to highlight alliances and associations. They are created not for profit, but for the purpose of joint support - legal and financial.
Bank operations
The main types of banking relations are enshrined in article 5 of the Federal Law "On Banks". It is in this part of the law that banking transactions and transactions are described. The main operation is to attract finance to deposits. Involved in this can be both individuals and legal entities. Next, it is necessary to highlight the formation and maintenance of bank accounts, as well as the implementation of transfers (including electronic ones - without opening bank accounts). The collector activity is closely connected with these operations.
The very concept of banking legal relations might not exist if there were no possibility of issuing bank guarantees. The provision of such guarantees is the most important duty of representatives of the banking system.
What kind of deals can a credit institution implement? Here are some things to watch out for:
- issuance of guarantees for third parties;
- acquisition of the right to demand finance from third parties;
- trust management;
- implementation of leasing operations;
- the provision of advisory services to all participants in banking relations.
Ensuring stability
Financial reliability is the main principle on which any credit organization is based.To ensure reliability, the parent organizations of banking groups are obliged to form special reserves for the storage of securities and finances. The formation procedure and minimum reserves are established by the Central Bank.
To ensure stability, a credit institution must create a risk and capital management system - one of the most important guarantees of reliability. A competently designed system will allow the bank to function optimally over time.
Bank deposits
The main feature of banking legal relations is the ability to make deposits. What it is? According to article 36 of the Federal Law "On Banks", a deposit is a monetary funds in Russian or foreign currency placed by an individual in order to store and receive further financial benefits. Income is generated in the form of interest, and paid in cash. Finances can be returned to the depositor at his first request.
The ability to accept deposits is not provided to everyone. Firstly, the size of the authorized capital should be at least 3.6 billion rubles. Secondly, information on the instances controlling the bank should be disclosed to an unlimited circle of persons. The presence of the two conditions presented will allow any bank to implement not only lending activities, but also deposit taking functions.