Banking law is a separate set of rules of law. Its functions include the regulation of public relations related to the activities of the Central Bank (CB) and commercial banks.
Banking law includes both the rules of lawcivil, and financial. Civil regulations include the regulation of the formation and activities of banks as commercial organizations, as well as relations between the clientele and credit organizations. Legal financial norms form the principles of the credit system, determine the status of the Central Bank (CB) of the Russian Federation, regulate relations between the Central Bank and commercial banks.
Any legal branch can be considered as a structure in the all-Russian law, legal science, and also as an academic discipline.
The legal significance of regulation of relations inThis area is determined by the political and economic influence of banks on the economy of the country in a certain period of time. Regulation of relationships, in addition, has specific methods of regulation.
Banking law as a discipline is represented by a complex of knowledge. This complex is developed by science and it is taught in accordance with the plan and by a certain method in the educational institution.
The banking law system consists of three main levels:
- Subsectors (for example, currency law).
- Legal institutions as a set of legal rules designed to regulate interrelated relations of a particular type (for example, the institute for non-cash settlements).
- Norms of banking law.This kind of legal norm has all its features. Along with this, there are also distinctive features. So, not only banking law can regulate banking relations with its norms. There are other industries, the norms of which are used in regulating the activities of banks. In particular, they include financial, civil, tax, administrative and other industries.
The rules of law (banking) haveformally-defined character, establish the duties and rights of subjects in banking relations, fix their position (legal). Compliance with the norms is also ensured by the possibility of applying sanctions (enforcement of enforcement).
Sources of banking law are a combination of external forms. They are officially defined and contain regulatory norms in public relations.
To the system of sources of the Russian bankingrights include the Constitution of the Russian Federation, international treaties of the Russian Federation, norms of interethnic law, decisions of the Russian Constitutional Court, and banking legislation.
The latter includes laws on the Central Bank, the activities of banks, bankruptcy (insolvency) of credit institutions and other regulatory acts.
The sources should also include internalnormative acts in banking organizations. So, in the Central Bank - these are the provisions, instructions and instructions that are mandatory for federal bodies in the state power, all physical, legal persons, bodies in local self-government.
In the Russian Federation, the banking system is represented by a structure,based on specific principles, with regulated legal norms in public relations. Mutual relations in this case are formed in the process of supervision and control of banks, the implementation of activities by banks, as well as in bringing (for violation of the norms of the relevant legislation) to accountability.
In the process of functioning of the above systembetween its participants, relations can develop in two ways. In the first case, legal relations are called vertical. Relationships are established between the Central Bank of Russia and other participants in the banking system. In the second case, the relationship is called horizontal. They involve interaction between clients and credit organizations, as well as between several credit institutions.
