Banking law

2021 ◽  
Author(s):  
Elena Homenko

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.

Author(s):  
Gokhan Karabulut ◽  
Mehmet Huseyin Bilgin

<p class="MsoNormal" style="text-align: justify; margin: 0in 0.5in 0pt;"><span style="font-family: Times New Roman; font-size: x-small;">The purpose of this paper is to examine the impact of the unlimited deposit insurance on non-performing loans and market discipline. Deposit insurance program play a crucial role in achieving financial stability. Governments in many advanced and developing economies established deposit insurance schemes for reducing the risk of systemic failure of banks. Deposit insurance has a beneficial effect of reducing the probability of a bank run.<span style="mso-spacerun: yes;">&nbsp; </span>However deposit insurance systems have its own set of problems. Deposit insurance systems create moral hazard incentives that encourage banks to take excessive risk. Turkey established an explicit deposit insurance system in 1960. Until 1994, the coverage determined by a flat rate but in that date, Turkey experienced a major economic crisis. In April 1994, Turkish government started to apply an unlimited deposit insurance scheme to restore banking system stability. Unlimited deposit insurance caused a remarkable increase at non-performing loans. This paper empirically estimates the impact of unlimited deposit insurance system on non-performing bank loans (NPLs) and analyses the other potential sources of NPLs. </span></p>


Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.


Author(s):  
D. A. Artemenko ◽  
S. A. Shishkov

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.


Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.


2019 ◽  
Vol 24 (47) ◽  
pp. 4-28 ◽  
Author(s):  
Ahmad Al-Harbi

Purpose The purpose of this study is to investigate the effect of internal and external variables on the profitability of conventional banks operating on developing and underdeveloped countries, the Organization of Islamic Cooperation (OIC) states. Design/methodology/approach In this paper, the author uses ordinary least squares fixed-effects model on an unbalanced panel data set of all conventional banks operating in OIC countries (52 countries included from 57) over the period 1989-2008, 686 banks. Findings The results suggest that equity, foreign ownership, off-balance sheet (OBS) activities, real gross domestic product growth, real interest rate and concentration foster banks’ profitability. In addition, the results showed that the banking sector development and loans will increase banks’ profitability in the long run in the countries of the studies. In contrast, the study reported that deposits lower profitability. The study also revealed that GDP per capita, market capitalization and banks size have no impact on profitability. Practical implications The findings of this study have considerable policy implications. First, policymakers need to regulate nontraditional activities to avoid any financial crisis because banks in OIC countries are heavily engaged in nontraditional activities to boost its profit. Second, policymakers are advised to improve the deposit insurance system to insure the stability of the financial system as well as improving banks’ profitability. Third, policymakers need to improve the efficiency of the stock market, maintain small banking system and encourage foreign investments in the banking system. Originality/value The paper adds to the literature on the commercial bank’s profitability determinants. In particular, such study has not been conducted on OIC countries, and the study included all mainstream banks and incorporated the effect of deposit insurance system so far. Also, pure sample of conventional banks used as many conventional banks in OIC countries have Islamic windows or offer Islamic products. In addition, this study investigated the effect of OBS activities on net interest margin (NIM) because the studies that explored this interrelationship are limited especially for developing and under developed countries. The results showed that OBS activities contributed significantly and positively to return on assets and NIM. Moreover, this paper used a pure sample of conventional banks to avoid any biasness; see data section. Moreover, this study gives an idea about the economic situation and financial conditions of OIC countries during the period of the study.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Imeda A. Tsindeliani ◽  
Maxim M. Proshunin ◽  
Tatyana D. Sadovskaya ◽  
Zhanna G. Popkova ◽  
Mariam A. Davydova ◽  
...  

Purpose The purpose of this paper is to study the current state of the Russian banking system in the context of digital economy development, to establish and identify the benchmarks and needs of legal regulation, to study the potential possibilities of digitalization of relations in the banking sector in the mechanism of implementing prudential rules. Design/methodology/approach Using the method of political and legal analysis used in this study, the legal guidelines for the digitalization of the banking sector and the financial services market have been determined, which in the Russian legal system are strategic planning documents. Findings International research in the field of banking indicates that digitalization and globalization of the economy stimulate the processes of international regulatory cooperation and harmonization of legislation, the use of new approaches in the development and adoption of regulations in the financial market. The growth of digitalization of relations in the banking sector will contribute to the effective implementation of prudential rules, including those related to the need to protect public interests. Originality/value The study revealed a number of issues related to the digitalization of the activities of credit institutions that are professional participants in the securities market and the central bank as a financial mega-regulator, requiring a legal solution. Measures aimed at improving the current legislation and procedures of state regulation and supervision are proposed.


Author(s):  
N. V. Gurin

The article says about the specific regulation of banking groups in Russia and applicability of the category in corporate structuring M&A practices. Relevancy and importance of the research are based on increasing attention of the regulatory authorities to the disclosure of grounds and means of establishing a control over groups of entities and, controlling of expenses of funding from the budget of the State Corporation "Deposit Insurance Agency", the Central Bank of the Russian Federation. The article discusses the definitions banking group", "banking holding", "group of entities", "group of entities connected to a credit institution", consolidated "banking group" and applicability of the definitions to filing of the group statements, the use of the banks' (banking group) indicators, the applicability of these data to the efficient allocation of resources and the rehabilitation of the Russian banking system. This paper analyzes the current regulations, the author refers to the indicator maximum risk associated with the credit institution a person (a group associated with the credit institution officials), as well as a new version of the indicator maximum amount of loans, bank guarantees and sureties issued by a credit institution (banking group) to its members (shareholders) and the procedure for calculating them, which come into force from January 1,2016. At the end of the article the author suggests possible options to improve current regulations. The urgency of the problems mentioned is confirmed by cases from practice, which point to the problems identified. The novelty of the work lies in the complex economic and legal approach to risk management to ensure information transparency of banks in the performance of the duty of notification (approval) of transactions with the Central Bank of the Russian Federation and the disclosure and reporting its performance. This approach acknowledges the practical importance of the conclusions. Based on the research the author suggests legal developments to the regulations of mergers and acquisitions of banks in Russia.


Author(s):  
V.M. Lohoyda

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).


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