Banking is a separate set of rules of law.Its functions include regulation of public relations related to the activities of the Central Bank (CB) and commercial banks.
Banking includes both the law of civil and fiscal.To include civil norms regulating the formation and activity of banks as commercial organizations, as well as the relationship between customers and credit institutions.The legal form the principles of the financial rules of lending, determine the status of the Central Bank (CB) of the Russian Federation regulating the relations between the Central Bank and commercial banks.
any legal industry can be seen as a structure on a national law, jurisprudence, and as an academic discipline.
Legal value of regulation in this area due to political and economic influence of the activities of banks in the economy of the country in a given period of time.Regulation relationship also has specific control methods.
Banking Law as an academic discipline is represented by a complex of knowledge.It developed the complex science and taught it in accordance with the plan and method defined in the institution.
banking law system consists of three basic levels:
- industries (for example, foreign exchange law).
- legal institutions as a set of legal rules designed to regulate a specific type of interlocking relationships (for example, the Institute for cashless payments).
- Standards banking law.This kind of rule of law has all its features.Along with this, there are also distinctive features.So, not only for its banking law rules may regulate banking relationships.There are other industries, the rules which apply in the regulation of banks.In particular, these include financial, civil, tax, administrative and other sectors.
rules of the law (banking) have a formal definition of character, set the duties and rights of the subjects of banking relationships, reinforce their position (legal).Compliance also provide an opportunity to apply sanctions (enforcement).
sources of banking law is a set of external forms.They are defined formally and include regulatory standards in public relations.
To Russian banking system, sources of law include the Constitution of the Russian Federation, international treaties of the Russian Federation, the norms of international law, decisions of the Russian Constitutional Court, the banking legislation.
latter includes laws on the Central Bank, banking, bankruptcy (bankruptcy) of credit institutions and other regulations.
Sources should also include the internal regulations and banking organizations.Thus, the Central Bank - a position, notes and instructions that are binding on federal agencies as part of the government, all individuals, legal entities, local self-government bodies.
The Russian banking system is represented by the structure based on specific principles, to regularize the legal norms in social relations.Relationships are being formed in the process of supervision and control of banks of the bank's activities, as well as attracting (for violation of the relevant legislation) to justice.
In operation of the above relationships between its members can develop in two ways.In the former case it is called vertical relationship.The relationship thus established between the Central Bank of Russia and the other members of the banking system.In the second case the relationship is called horizontal.They involve interaction between customers and credit institutions, as well as between several credit institutions.
