Author: Abramov Vitaly Sergeevich
The article discusses the work carried out by the Bank of Russia on the development of prudential supervision in the context of digitalization of the financial market, explores the problems of creating a national Russian blockchain platform.
About the author:Article title: THE PROBLEM OF LEGAL UNCERTAINTY OF CRYPTOCURRENCY CIRCULATION IN THE RUSSIAN FEDERATIO
Author: Ageeva Galina Evgenievna
The paper deals with the problems of uncertainty of the legal status of cryptocurrency and its circulation in the territory of the Russian Federation. In the conditions of digitalization and the modern level of information and communication methods of interaction of legal entities, the use of digital currency is necessary. The author emphasizes the lack of legal regulation of virtual money, which is why they are outside the legal field, respectively, their circulation is not defined. At the legislative level, cryptocurrency is not perceived as a legal means of payment due to its illegality. In addition, for a long time domestic courts have ignored the virtual currency, refused to regard it as a financial instrument, and sometimes even perceived as evidence of the Commission of certain types of crimes. However, due to the fact that virtual money is actually still used by legal entities, in the process of law enforcement practice, they were given a place in the list of other objects of civil rights. However, the order of circulation of such an object is also very uncertain. All transactions related to the circulation of such a financial instrument as cryptocurrency are anonymous. Moreover, they are not controlled by anyone. Even if the virtual currency is used for legitimate purposes, neither an erroneous transaction nor a bona fide loss of the crypto wallet is refundable. It is impossible to guarantee any security and ensure normal functioning in the legal space in these conditions. In view of this, we believe that for the effective circulation of cryptocurrency in our country and its full use as a means of payment, it is also necessary to ensure the possibility of foreclosure on it. According to the author, in modern conditions, the concept of cryptocurrency, giving it a specific legal status are priorities for domestic legislators. Law enforcement practice is not just ready for this, but is actively being formed without legal regulation. The course to build a digital society in the Russian Federation has been firmly outlined in recent years, which is why the formation and development of digital currency turnover in our country is very relevant, significant and in demand by the subjects of legal relations.
About the author:Article title: INFORMATION SECURITY PROBLEMS IN BANKING
Author: Ageeva Galina Evgenievna, Novikova Tatyana Borisovn
The life of a modern person is closely related to the use of funds, the accumulation and storage of which is directly carried out by credit organizations. In addition, cash transactions and settlements, cash flow control, loans and the issuance of money and securities are the most important functions of commercial banks. But credit organizations, mediating between economic entities, must not only ensure the movement of capital, but also take care of the safety, integrity and reliability of the incoming information. A wide range of services provided by banks and their particular vulnerability predetermine special requirements for ensuring information security. The article mainly discusses the concept of “information security” and its introduction into the legislation of the Russian Federation, as well as ways to increase the level of security of information resources of credit organizations. The author also analyzed statistical data on crimes and offenses, the object of which is information security
Email: firstname.lastname@example.org, PravoBank@sberbank.ru
About the author:Article title: THEFT COMMITTED FROM A BANK ACCOUNT: PROBLEMS OF QUALIFICATION
Author: Adoevskaya Olga Alexandrovna
This article discusses the theoretical and practical problems of criminal liability for theft committed from a bank account. The changes made to the Criminal Code of the Russian Federation, Federal Law of April 23, 2018 № 111-ФЗ on Strengthening Responsibility for theft of non-cash funds from a bank account are analyzed. The conclusion is drawn on the need to improve criminal law and the practice of its application on liability for these crimes.
About the author:Article title: FOREIGN ELEMENT IN CREDIT AND SECURITARY TRANSACTIONS: ISSUES OF APPLICABLE LAW AND PLACE OF CONSIDERATION OF DISPUTES ARISING FROM AGREEMENTS WITH BANK
Author: Altukhov Dmitry Vladimirovich
For practice of contractual work, preferably specifying the applicable law in the contract in favor of the law of the Russian Federation, as well as the inclusion in the Treaty of provisions about the place of dispute resolution in the court. At the same time, the parties should take into account those exceptions that will apply to them regardless of the above agreements (provisions on public order, rules of direct application, mandatory rules)
About the author:Article title: CRIMINAL LEGAL CHARACTERISTIC OF LOAN FRAU
Author: Elekina Svetlana Vyacheslavovna, Bezverkhov Arthur Gennadevich
The article gives a legal description of the composition of fraud in the field of lending (article 159 of the Criminal code of the Russian Federation). At the same time, attention is focused on the content of the specific object - property in the field of credit relations - those property relations that arise in connection with the provision of money to the borrower by the Bank or other lender with the right to conclude a credit agreement. The article substantiates the provision that "another creditor" should be understood as a legal entity that for profit as the main purpose of its activities on the basis of a special permit (license) of the Central Bank of the Russian Federation has the right to carry out banking operations provided for by law, or has the right to carry out financial activities in accordance with the law on the provision of loans. It is noted that fraud in the field of lending is one of the two-object criminal attacks. When committing this crime, along with property relations, acting as the main direct object, harm is also caused or the threat of causing significant harm to other benefits, primarily, the established order in the field of lending is created. The subject of the crime is exclusively money, the size of which affects the qualification of the offense on the grounds provided for by part 3 of article 159 (fraud in the field of lending, committed on a large scale) and part 4 of article 159 (credit fraud committed on a large scale). This type of fraud includes only such a form of criminal behavior as theft of other people money. On the subjective side, the crime provided for in article 159 of the criminal code is characterized by direct intent arising before the receipt of the loan, and a selfish purpose. For the purposes of this article borrower shall be: 1) a person who has applied to the creditor with intention to receive, 2) the person receiving the loan in cash; 3) the person who obtained the loan in cash, and subject to, first, on its own behalf, on behalf of the represented legally a legal person, and secondly, enter into a credit relationship with a Bank or other lender within the scope of lending in terms of article 159 of the criminal code.
Email: PravoBank@sberbank.ru, email@example.com
About the author:Article title: COMPETITION OF CREDITORS IN BANKRUPTCY. PROBLEMS OF ESTABLISHING A BALANCE OF INTERESTS, QUALIFICATION APPROACHES, COUNTER-OPERATION TOOL
Author: Bezvikonnaya Alina Andreevna, Vopseva Julia Alexandrovna, Ovechkina Anastasia Valerievna, Ploshenko Konstantin Sergeevich
The article is devoted to competition of creditors in bankruptcy. The topic is relevant, first of all, for individuals who are directly faced with bankruptcy issues, however, in the light of the latest corporate law novelties, it acquires special significance not only in the judicial field, but also involves a highly qualified approach to internal management and control at the stage of the entity ongoing business activities.
Email: firstname.lastname@example.org , PravoBank@sberbank.ru
About the author:Article title: SETTLEMENT OR SPECIAL ACCOUNT OF A PAYING AGENT? PROBLEM ISSUES OF LEGISLATION
Author: Bogoroditsky Alexander Andreevich
The article analyzes the legality of banks using a current account or a special account of a paying agent for crediting funds received from individual payers in payment for suppliers services (the analysis based on the prevailing law enforcement practice). Recommendations on amendments to the current Russian legislation are given.
About the author:Article title: LEGAL REGULATION OF CROUDFUNDING AS FORMS OF CAPITAL MOBILIZATION
Author: Bortnikov Sergey Petrovich
The article considers the peculiarities of the legal regulation of crowdfunding in Russia, as well as in the United Kingdom and the United States. The Institute is investigated in the variety of contracting practices: for example, "equity" crowdfunders invest in shares, while "incentive" crowdfunders receive production products in advance. The author draws attention to the fact that crowdfunding takes a position between the existing regimes of securities legislation and consumer contracts legislation. It is noted that the Consumer Protection Act in the UK (but not in the US) imposes mandatory conditions that prevent risk sharing in crowdfunding rewards, while the US Securities Act prescribes costly disclosure. The article suggests that crowdfunding, with the relative ease of raising funds of an unlimited number of persons, creates real risks for investors, and classical methods of regulation of the market and issue of securities and approaches of consumer law in the investigated relations are ineffective.
About the author:Article title: ABOUT THE POSSIBILITY OF TRANSACTIONS ISSUED BY THE FINANCIAL MANAGER FOR THE DISPOSAL OF CASH MONEY
Author: Brykalova Marina Nikolaevna
The article deals with the problem of legal regulation of the question of the possibility/impossibility of disposing of funds in the accounts of citizens, in respect of which the bankruptcy procedure is introduced, by the trustees of the financial manager at the level of the current legislation and the question of the need to make appropriate amendments to the Federal Law dated 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy).
About the author:Article title: PROSPECTS AND PROBLEMS OF DIGITAL JUSTICE
Author: Wojciechowski Roman Vladimirovich
This article briefly discusses the main trends in the development of artificial intelligence in the field of justice. World-leading countries were selected as examples, and the topic of justice in Russia was also touched upon. The author analyzed a selection of relevant English language articles, including those published in specialized departments of the world leading higher educational institutions that carry out researches in the field of artificial intelligence use in various branches of jurisprudence. A nonalternative need for processing judicial practice and rule by means of modern analysis tools was revealed in order to optimize the judicial function of state and improve the quality of judicial acts. On the basis of this study, the author proposes to initiate a lead-up for the use of artificial intelligence by applying the big date method to
About the author:Article title: LEGAL PRACTICE OF DELIVERING LEGALLY SIGNIFICANT MESSAGES IN THE CONTEXT OF DISPUTES ON RETURN OF THE FEE FOR JOINING THE VOLUNTARY INSURANCE PROGRAM
Author: Alikova Elena Gennadyevna
The article analyzes the practice of applying the provisions of civil law on the delivery of legally significant messages. Using the example of current controversial issues of communication between a bank and its clients it is noted that the consumer status in relations with the bank has a significant impact on the distribution of rights and obligations of the parties to the contract when sending each other legally significant messages.
About the author:Article title: CRIMES IN THE BANKING SPHERE IN A SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Author: Golenko Diana Viktorovna
The article analyzes the possibility of combining crimes in the banking sector into an independent chapter of the Special Part of the Criminal Code of the Russian Federation. Investigated banking crimes in Russian law. The paper investigates the issue of legislative definition of the concept of banking. The essential characteristics of crimes in the field of banking are formulated, the key features of such acts are identified. Special attention is paid to the basic principles of the construction of the Special Part of the Criminal Code of the Russian Federation. The legislator structured the legislative material taking into account the hierarchy and classification of objects of criminal law protection. The author, on the basis of the distinguished features characteristic of banking crimes, searched for criminal acts in which these signs are present. The study showed that a variety of criminal acts can be attributed to crimes in the banking sector. Based on the data obtained, conclusions are drawn that specific features characteristic of crimes in the banking sector are present in acts located in various sections and chapters of the criminal law. Consequently, they have a different object of criminal law protection. It seems that there are no grounds for combining banking crimes in an independent chapter of the criminal law, since this contradicts the basic principles of constructing the Special Part of the Criminal Code of the Russian Federation. Crimes in banking should be studied from the point of view of criminology.
About the author:Article title: BANK OF RUSSIA AND CREDIT ORGANIZATIONS AS PARTICIPANTS OF THE SYSTEM OF COUNTERING LEGALIZATION (LAUNCHING) OF INCOME OBTAINED BY CRIMINAL WAYS AND FINANCING OF TERRORISM
Author: Danilova Olga Andreevna
The article is devoted to the role of credit institutions and the Central Bank of the Russian Federation in the organization and implementation of financial monitoring. The main directions of participation of the banking sector in the sphere of combating legalization (laundering) of proceeds from crime and financing of terrorism are reflected; the legislative and by-laws regulating this sphere of public relations are analyzed; the problems of insufficient legal regulation of financial monitoring measures are identified.
About the author:Article title: TOTAL SECURITY DEPOSIT: PROBLEMS OF APPLICATION OF ABZ. 2 A. 2 ST. 339 GK RF
Author: Dushin Vladimir Gennadievich
This report is dedicated to the problems, arising from the application of provisions, stated in the second paragraph of part 2 article 339 of the Civil code of the Russian Federation, which allow a person, carrying out business activities, to pledge all his property or its part ,or property of some kind or type to a single creditor. Such pledge in legal literature is called “total”, “universal” pledge or “global” security. However current judicial practice that could help understand the meaning and place of “total security” in Russian law is absent at the moment. “Total security” provisions stand separate from the basic part of civil law. There are no binding regulations. It is hard to comprehend how provisions of article 339 of CC of RF correspond with those of mortgage law, of pledge of goods in circulation, of bona fide purchaser of pledged property, of grounds for termination of pledge, of pledge of shares and undocumented securities, of priority of satisfaction of requirements, of legislation on notaries and so on. Also the question of the scope of property identification in case of certain part of property pledge or of some kind or type of property pledge is still open. Is it enough to state only the kind of property in case of means of transport pledge? For example, in this situation, is it enough to state that all means of transport in possession of the pledgor are pledged? Or is extra identification of this type of property necessary in case of pledge notifications registration? Uncertainty in the application of provisions, stated in article 339 of CC of RF, causes reluctance of creditors to use them in the process of registration of security. Author of the report attempts to grasp the aim of the legislator, which he pursued by fixing this novel in civil legislation, to value the practical meaning of “total pledge” and figure out its place in relation to the other types of pledges, to offer effective legal constructions of enforcement of obligations while using article 339 of CC of RF.
About the author:Article title: BANK WARRANTY IN A CONTRACT PROCUREMENT SYSTEM: TOPICAL LAW MATTERS
Author: Evdokimova Julia Konstantinovna
Procedural certainty for all stages of system procurement, maximum efficiency is achieved ensuring the state and municipal needs, in this context, this article analyzes the changes of the legislation in the field of procurement in 2019, namely, private unsettled aspect of the interaction of the beneficiaries, principals and guarantors, in connection with the amendment of the Federal law from 01.05.2019, No. 71-FZ "On amendments to the Federal law "On contract system in procurement of goods, works, services for state and municipal needs".
About the author:Article title: ABOUT SOME OBSERVATION ISSUES IN THE NATIONAL PAYMENT SYSTEM
Author: Larshina Ekaterina Mikhailovna
The article deals with the problem of determining the legal regime of observation in the national payment system. The author explores the rights and responsibilities of the Bank of Russia at carrying out observation of the national payment system, performs the analysis of the instruments of the Central Bank of the Russian Federation on monitoring of activities of participants of the national payment system. The author examines the nature of the legal regime of interaction between the Bank of Russia and the participants of the national payment system, the legal status of the recommendations of the Central Bank of the Russian Federation, published on the basis of the assessment of the activities of the observed organizations. The article analyzes the effectiveness of the observation Institute, the applicability of its results to the participants of the national payment system.
About the author:Article title: SUBJECT OF EVIDENCE IN CORPORATE DISPUTES ABOUT MAJOR TRANSACTIONS
Author: Zavyalova Ksenia Yuryevna
The institution of extraordinary transactions was reformed in Russia three years ago. This article is about discussion of the main directions of corporate reform, which changed the subject to prove in extraordinary transactions, as well as importance of ordinary business activities in the consideration of corporate disputes. The main invalidating transactions issues were analyzed in a side of corporate grounds. Recommendations to minimize risks, protect the rights and legitimate the Bank`s interests are given to save major transactions and transactions with the element of statutory extraordinary.
About the author:Article title: PROBLEMS OF APPLICATION OF THE MORTGED REAL ESTATE PROPERTY IN THE CASE OF ITS UNREGISTRATED CHANGE
Author: Lomovtsev Anton Andreevich
The article handles with the problem of discovering unregistered changes of mortgaged immovables, which are subject to foreclosing during trial proceeding. The author considers legal aspects of pledge rights extension in this situation. In the paper possible solutions of raised problem are described and evaluated, including potential application of the principle of unitary object. In the conclusion several amendments to current legal regulations are suggested.
About the author:Article title: CRIMINALISTIC CHARACTERISTIC OF CREDIT FRADS IN THEIR IDENTIFICATION AND COUNTERACTION
Author: Ibragimov Ilyas Maratovich
The problem of countering credit fraud is becoming more and more urgent every year, as fraudsters cause significant damage to the entire financial and credit system of the state. Knowledge of the mechanism of committing a crime, the identity of the perpetrator, will allow to develop a system of preventive measures to combat credit fraud.
About the author:Article title: THEORY OF COUNTERING ILLEGAL FINANCIAL OPERATIONS (ACCORDING TO MATERIALS OF PROSECUTION PRACTICE)
Author: Loshkarev Vadim Vadimovich
In this article, based on the practice of prosecutorial supervision, a methodological approach is proposed that is applicable not only in jurisprudence, but also in other sciences that take into account the legal aspects of the legislative regulation of financial transactions and legal forms of counteraction to illegal financial transactions, which allows introducing a systematic approach to the theory and practice of such counteraction using knowledge of not only legal sciences. Further development of this theory with the participation of prosecutors will help to improve the state mechanism to counter illegal financial transactions, and the theory itself may become the basis of prosecutorial supervision in this area.
About the author:Article title: LOAN MANAGEMENT IN A LOAN ORGANIZATION: PROBLEMS AND SEARCH FOR SOLUTION
Author: Ivanov Sergey Vasilievich, Ivanova Olga Andreevna
The authors of the article consider collateral management in the period of custom regulation of syndicated lending, after which they move on to the current state of the institution and on the basis of comparative observation try to reveal the essential features of management, prospects of its development and the possibility of its inclusion in the activities of credit institutions and banking groups.
Email: email@example.com, PravoBank@sberbank.ru
About the author:Article title: AGREEMENT AND ELECTRONIC DIGITAL SIGNATURE
Author: Lukyanova Oksana Nikolaevna
In this article it is shown that information technologies are widely and universally used by participants of civil-law transactions. The article gives a generalized description of the electronic document flow and electronic signature using the example of Sberbank. The author considers the current problems of concluding an electronic contract, including the establishment of the moment of conclusion of the contract, the uncertainty of the subject composition of the signatories, the formation, transfer and storage of the electronic contract and the risk of loss or unauthorized alteration of the contract stored on an electronic medium, the risk of violation of antimonopoly legislation and prosecution. The author of the article researched the issues of using electronic document flow, including "documents signed by an electronic signature are accepted as written proof"; "signing an agreement with an electronic signature is direct proof of its conclusion"; "the burden of proving the invalidity of an electronic signature lies with the party that denies it"; "a written agreement signed with an electronic signature by one of the parties is not recognized as an electronic document". Special attention is paid to the analysis of judicial practice related to the mentioned issues, noting a significant growth of judicial disputes about illegal writing off of funds by banks on the basis of documents signed by electronic signature without the knowledge of the owner of the electronic signature. The necessity of constant attention of the legislator to contracts concluded in electronic form is revealed and substantiated. The author gives proposals to solve the identified problems, including by amending the current legislation in terms of procedural aspects of drafting and signing an electronic contract; in terms of procedural aspects of obtaining an electronic signature key; in terms of developing the Procedure for accounting, storage and transfer of electronic documents to third parties. For participants of civil-law transactions proposals are given regarding the application of the Agreement on the Use of Electronic Document Flow and Electronic Signature. In the final conclusions of the article, the position on currently using an alternative method alongside electronic document flow - on paper - is maintained.
About the author:Article title: RELATED TRANSACTIONS IN BANKRUPTCY
Author: Ivashov Denis Valerevich
The article provides in-depth analysis of the cases of the Supreme Court of the Russian Federation with respect to related transactions in legal proceedings on the invalidation of the transactions in bankruptcy cases. The author comes to a conclusion that it is necessary for the Supreme Court of the Russian Federation to take steps to make the practice in this category of cases systematic by introducing a disputable presumption of the interrelation.
About the author:Article title: CURRENCY VIRTUALIZATION AS PROBLEM OF CRIMINALIZATION AND QUALIFICATIONS
Author: Idrisov Ildar Talgatovich
This article analyzes the negative consequences of technological and information development of modern society. The idea is supported that the future belongs to innovative areas of knowledge, while the development of new knowledge and technologies should take place with the timely adoption of state measures to respond to the side effects of the evolutionary process. On the example of the rapid development of financial technologies, which led to the emergence of cryptocurrency, the necessity of establishing timely criminal legal regulation of virtual currency is justified. The anonymity of the owners of wallets of money surrogates leads to the great popularity of the crypto currency in the shadow economic turnover. The problem is not only the criminalization of new acts using blockchain technology, but also the qualification of the relevant crimes using the already known norms of the Criminal code of the Russian Federation, primarily due to the uncertainty of the content and ambiguity of the essence of the cryptocurrency. Cryptocurrency itself is not a materialized form in the real world and can be used in circulation only on the basis of a special technology "blockchain". This technology is a sequence of digital records, on the basis of which there is encryption and consolidation of information into blocks, which are then connected in a chronological chain, connected by means of complex mathematical algorithms. Difficulties are caused by the issues of determining the subject, the means of committing crimes with cryptocurrency, as well as the establishment of the subject and the subjective side of such acts. The author comes to the conclusion about the need for legislative regulation of criminal liability for crimes, the subject or means of which is the virtual currency. It is necessary to develop a set of rules for the qualification of this group of crimes, which will explain the concept of cryptocurrency, its status, the technology of "blockchain", the subject and the subjective side are defined. It is also necessary to establish effective international cooperation in the field of combating dangerous forms of this technology.
About the author:Article title: PROBLEMS OF COURTS CONSIDERING CRIMINAL CASES ON THEFULNESSING OF CASHLESS AND ELECTRONIC MONEY
Author: Melnikova Ksenia Yuryevna
The article is devoted to the problems arising during the consideration by the courts of criminal cases of theft of non-cash money and electronic money. The author analyzes the changes made to the Criminal code of the Russian Federation by the Federal law of April 23, 2018 № 111-FZ related to the increase of criminal liability for theft of non-cash money. The conclusion is made about the need to improve the criminal legislation and practice of its application on responsibility for these crimes.
About the author:Article title: APPLICATION OF DISTRIBUTED REGISTERS (BLOCKCHAIN) AND SMART CONTRACTS IN LOAN CALCULATIONS
Author: Ilovaiskiy Igor Borisovich
Settlements under the letter of credit are one of the forms of non-cash payments, which is designed to balance the interests of the payer and the recipient of funds. Such obligations make it possible not only to make payment quickly, but also to obtain a certain guarantee of the transfer of goods, works or services. The advantages of this form of payments can be used in the implementation of blockchain technology and smart contracts, however, this requires adequate legal regulation. The purpose of this publication is to consider the prospects of regulatory improvement of domestic law in terms of regulation, as the letter of credit form of payments, and the use of its implementation of information and Internet technologies. As a result of the study, a comparative analysis of the subject composition and content of the "classical" letter of credit legal relationship in international settlements, the initial domestic experience of implementing a letter of credit on the blockchain platform and the use of so - called smart contracts-smart contracts-was carried out. This approach, including consideration of domestic and foreign legislation became the basis for the conclusion that the Russian legislator is at the initial stage of understanding this kind of public relations. The developments of legal science and positive foreign experience in this sphere are not used enough. Meanwhile, a more thoughtful approach in the study area would contribute to the creation of unified legal sources common to different States, and the prevention of abuses in law enforcement practice.
About the author:Article title: ASSIGNMENT OF RIGHTS FROM NOTARIAL SECURITY AGREEMENTS
Author: Mertvishchev Anton Vasilievich
The article discusses the issues of the form of the cession of the right. The author concludes that by transfer of the rights from notarial contracts of the pledge the cession demands the notarial form.
About the author:Article title: CRIMINAL LEGAL RESPONSE TO CREDIT CRIMES
Author: Inogamova-Khegay Lyudmila Valentinovna
The fraud in sphere of сreditation (art. 159 CC), its distinction from the fraud, provided p. 1-4 art. 159 CC and p. 5-7 art. 159 CC, and from the unlawful receipt of the credit, fixed art. 176 CC, are analyzed in the article. Particularly of the subject of the fraud in sphere of сreditation are considered. The person with a status information can be only by such one: a private individual, an individual entrepreneur or a manager of an organization to realize entrepreneurial or another economic activity. The problem of a competition of criminal legal norms is researched and the distinction between by competing norms and smegnyue. Norms on the fraud in sphere of сreditation and illegal receipt of a credit are smegnyue notions.
About the author:Article title: TO THE QUESTION ON IMPROVEMENT OF LEGAL REGULATION OF CONSTRUCTION AT LAND PLOTS INCLUDED IN BORDERS OF ZONES WITH SPECIAL CONDITIONS FOR USE
Author: Mikhailov Sergey Sergeevich
This article reviews current problems concerning the construction on land parcels within the boundaries of zones with special conditions of the territories usage, in the conditions of the current legal regulation, taking into account the recent changes.
About the author:Article title: THIRD PARTIES IN OBLIGATION: SOME PROBLEMS OF THEORY AND PRACTICE
Author: Mrich Alexander Sergeevich
The article deals with the issues of participation of third parties in an obligation. The author points out that an obligation is a multipurpose concept allowing to describe any legal bond. Participation of third parties in an obligation defies logic and bring fallacy in judgements.
About the author:Article title: ON THE CRIMINAL LEGAL GUARANTEE OF THE PRINCIPLE OF EQUALITY IN CONDITIONS OF CORPORATE BUSINESS
Author: Klenova Tatyana Vladimirovna
The article presents necessary penal guarantee of the principle of equality in the conditions of corporate business. In contemporary globalizing of economic and political processes, where property and social inequalities are rising, multiple guarantees of the principle of equality are needed. As the driving force of globalism is corporate business, its social and legal responsibility for peace, a healthy economy and ecology are increasing. In the article the principle of equality of citizens before the law in relation to the principle of differentiation of criminal responsibility is clarified. The authors approach to understanding the guarantee of the realization of the principle of equality is proposed. The legislative establishment of socially sound privileges and immunities for certain groups of entities is not considered a violation of the principle of equality if it is aimed at equalizing the status of persons with social vulnerability. The recommendation on additional criminalization of actions expressed in the creation of privileges not provided for by law and immunity in connection with a persons membership in a certain social group, for example, according to the criteria of official and property status, is justified. The purpose of this article is to propose and justify a relatively new orientation for both researchers and practitioners: in the context of the expansion of corporations to the scale of state corporations, attend to supporting the normal differentiation of criminal responsibility for economic, environmental and other crimes, taking into account the significant differences in the property situation of the subjects of crimes and victims.
About the author:Article title: SIGNS OF CORPORATE REQUIREMENTS IN BANKRUPTCY CASE
Author: Mansurova Julia Nasimovna
This article analyzes the current legal positions of The Superior Court of the Russian Federation on corporate attributes of creditors claims in bankruptcy proceedings resulting in the waiver of protection of such creditors being the shareholders or corporate members (in favor of independent creditors, involved in the distribution of the competitive mass/collation). In addition to the law defining the list of individuals taking the risk of company bankruptcy (shareholders or corporate members), the enforcement practices allow to extend the similar risks to the other groups of people, directly or indirectly associated with the debtor and who have claims to the latter opposing the claims of other (independent) creditors in the bankruptcy proceedings. The article lists the provisions inherent to interdependent (corporate) nature of a creditors claim in the view of the actual case circumstances (based on the cases examined in the supreme judicial court). The article also covers the situations when the arbitral tribunal has a wide discretion in determining the “markers” (of the creditors connection to the debtor), which, in the absence of the obvious corporate nature of the relationship between the creditor and the debtor, may imply the arising preferences given to the creditors claim. The article emphasizes the distribution of the burden of proof among the disputing parties (the arbitrary court applies the “asymmetries” of evidence) when validating the corporate creditors claim. Taking into account the relevant judicial practice and complying with the principle of civil transactions stability, the author suggests to define the main criteria of the corporate nature of a claim in bankruptcy proceedings at the legislative level or as clarifications given by the Plenum of the Supreme Court of the Russian Federation.
About the author:Article title: DEVELOPMENT TRENDS IN THE SPACE INDUSTRY
Author: Konygin Ruslan Anatolyevich
Until recently, the term "space activities" was used as a synonym for government spending. Huge costs and risks made the space sector inaccessible to private players. Presently, major technological advances and an entrepreneurial spirit are rapidly forming a new space economy. New private entities are emerging in this sector who see unsurpassed commercial opportunities in space exploration. Investments are fundamental to the growth opportunities of new companies. They provide invaluable support in the early stages of formation, which is difficult to obtain from the state. Government subsidies that are provided only for a short period of time are usually not enough to start developing a new business sector. However, obtaining funding is not easy. This article discusses the problems of initial financing of new companies involved in space activities. The interconnection between space law and the banking sector is shown. The most typical difficulties that companies encounter when searching for co-financing were identified. Among the obstacles to investments in companies involved in space activities are the following: high cost of space flight, high insurance costs, long development times, high financing risks, lack of experience in managing space companies, insufficiently developed legislative framework for independent functioning of space activities. The examples of foreign states (Luxembourg and Japan) are analyzed to find a solution to the problem of lack of finance for new companies as well as attracting investments to the territory of the state. On the example of successful development of companies launching commercial satellites, including Asiasat, Intelsat, Imarsat, the possibility of payback of risky investments is shown. They have come a long way before turning them into one of the most profitable enterprises of orbiting satellite networks of near space. The need for cooperation between the banking sector and the legislator was identified and justified in order to create an environment for the development of new space startups, expand favorable conditions for the gradual development of systematic financing, and increase investor interest in "space exploration".
About the author:Article title: EUROPEAN UNION POLICY AND LEGAL STATUS (MODERN PROBLEMS)
Author: Krasov Sergey Ivanovich, Tikhonov Yakov Sergeevich
This article is devoted to the analysis of the political and legal status of the European Union at the present time. The history of the formation and development of the EU is viewed. The author makes the assumption that the inclusion of the country in the European Union is a political decision. This fact is confirmed by the example of the fifth EU enlargement, and by attempt to include Turkey in the EU. A comparison of the integration processes occurring during the formation of the USSR and the EU is made, and it is concluded that they are similar. At the first stage of integration general authorities appear, and after that authorities unite and set free boundaries. Question of the political and legal form of the EU is considered. The author concludes that the development of European law and the European Communities, the expansion of their competencies, the emergence of supranational bodies, the opening of borders, the introduction of a single citizenship, the adoption of a single European currency and if the Constitution is adopted, would lead the European Union to the Confederation. However, the European Constitution was not adopted, thus the EU did not become a universal association, which differs from an international organization in its generally accepted sense.
About the author:Article title: CONFLICT OF RESPONSIBILITY IN BANKRUPTCY. SECURITY RESPONSIBILITY OF THE GUARANTOR VS SUBSIDIARY RESPONSIBILITY OF THE CONTROLLER
Author: Meshkov Alexander Sergeevich
The article raises the problem of simultaneously finding in the register of creditors claims the joint and subsidiary claims of the creditor. The problem is exposed in connection with the prosecution of persons who, in turn, are in solidarity with debtors controlled by their communities, in particular under a guarantee agreement. Judicial acts identified on this issue allow the author to reasonably argue about a violation of the balance of interests of creditors, as a result of which: some creditors receive unreasonable advantages, while others lose the ability to satisfy their requirements. The author gives arguments in favour of solving the current problem, provides arguments aimed at eliminating duplication of claims in the register of creditors claims of the person controlling the debtor and preventing potential imbalance in repaying the claims of creditors.
About the author:Article title: PROBLEMS OF LEGAL REGULATION OF OPERATIONS ON DEPOSITS IN PRECIOUS METALS
Author: Nedorezkov Vyacheslav Viktorovich
The article analyzes the legal regulation of public relations arising from bank deposit agreements in precious metals, as well as the problems that participants in civil turnover encounter when making transactions on this type of deposit.
About the author:Article title: SOME QUESTIONS ON THEFT FEATURES PERFORMED FROM THE BANK ACCOUNT
Author: Norvartyan Yuri Sergeevich
The article is devoted to the peculiarities of qualification of thefts committed from a Bank account, as well as with respect to electronic money (in the absence of signs of a crime under article 1593 of the Criminal code of the Russian Federation). The article notes that this novel expands the subject of theft of other peoples property - one of the varieties of "real" crimes. The latter unconventionally began to include, along with things, non-cash money and electronic money as property rights of a binding nature. On the basis of the materials of modern judicial practice, the author notes that law enforcers differently qualify the Commission of thefts "from a Bank account". In some cases, the courts do not take into account the method of access to the victims account. In others-take into account this method (hacking the protection of the banking system, a virus attack, gaining access to the account as a result of the use of special equipment, etc.). In our opinion, the position of those practitioners who do not take into account the method of access to the victims account is more justified. The author comes to the conclusion that the security of the banking system of Russia is an additional object of crimes against property, which violates the property rights and interests of specific legal entities or individuals; the sign of an additional object acts as a criterion for distinguishing between ordinary theft and theft committed from a Bank account. And it is also noted that the actions of the guilty person should be qualified as "Bank" theft in the event that other peoples money is secretly withdrawn by the guilty person.
About the author:Article title: ISSUES OF TECHNICAL AND LEGAL STANDARDS PUBLICATION BY THE BANK OF RUSSIA UNDER CONDITIONS OF DIGITAL ECONOMY
Author: Pastushenko Elena Nikolaevna
The article relevance of the given problems is explained by the increased role of technical and legal norms in the conditions of economy digitalization, which is connected with the activities of the Central Bank of the Russian Federation and the development of financial activities. The purpose of the article is to prove the necessity of certain legal acts of the Bank of Russia in addition to program legal acts, regulatory, law enforcement, interpretation, contractual acts, as well as legal acts containing technical and legal norms. It is concluded that there is a need to make amendments to the Federal law "On the Central Bank of the Russian Federation (Bank of Russia)" in terms of fixing the powers of the Bank of Russia to issue technical and legal norms. The questions of necessity/absence of it in legal acts registration by the Bank of Russia, containing technical and legal norms in the Ministry of justice of the Russian Federation, and also judicial appeal of these acts are submitted for the discussion. A proposal was made to prepare a regulatory act of the Bank of Russia on issuing technical and legal norms. The above proposals are related to the transformation of the legal status in the Central Bank of the Russian Federation, the present digital economy, the development of the rule-making function of the Bank of Russia, the identification of general and special grounds for the rule-making function in the Bank of Russia, which makes it possible to approve separate (independent) legal publication rules by the Bank of Russia, its technical and legal norms using positively recommended approaches in the normative function of the Bank of Russia with common laws ( "On the Central Bank of Russian Federation (Bank of Russia") and special detailed ones (in other federal laws. The presented issues will allow us to optimize the assessment of the regulatory impact in technical and legal standards issued by the Bank of Russia, in its interdependence with the analysis by the Bank of Russia, its feedback on the effectiveness of technical and legal standards published by the Bank of Russia, and the development of the interaction with banking associations on these issues. The development of financial technologies as a programmatic area in the activity of the Central Bank of the Russian Federation indicates the relevance of the transformation study of the Bank of Russia legal status in the modern digital economy from both theoretical and practical aspects, including legal regulation of technical and legal standards published by the Bank of Russia in compliance with material legal and procedural requirements of legal technology.
About the author:Article title: CRIMINAL LEGAL CONSEQUENCES OF CRIMES IN THE FIELD OF BANKING: MODERN FEATURES AND POSSIBLE PROSPECTS
Author: Pivovarova Anastasia Alexandrovna
The article is devoted to the study of the protective tasks of the criminal law in criminal cases of banking crimes. It also raises the question of improving the effectiveness of measures to counter banking crimes. The author singles out banking crimes into a special group and gives their definition. Special attention is paid to the description of the scientific classifications of banking crimes. The main part of the article is devoted to the theoretical and practical analysis of the criminal law consequences of banking crimes. The author substantiates the idea of preserving the specific consequences of criminal measures for the person who committed the crime, regardless of the type of criminal activity. The fundamental principles of criminal law should not be violated even for the sake of the economic viability of certain activities. Measures of criminal legal influence are considered by the author as a tool for fulfilling the protective task. The law enforcement practice data is examined in detail: reports on the state of crime in Russia of the Ministry of Internal Affairs of the Russian Federation, summary reports on the work of the courts of general jurisdiction of the Judicial Department under the Supreme Court of the Russian Federation. Criminal legal measures, which are most often applied to persons who have committed banking crimes, are examined. The features of exemption from criminal liability at the stage of preliminary investigation and in court are studied. Based on the analysis of the grounds for exemption from criminal liability, a forecast is given on possible changes to the Criminal Code of the Russian Federation regarding criminal liability for crimes in the banking sector. It is concluded that the rules of criminalization and decriminalization of acts are observed, as well as the need for a clear differentiation of the consequences of offenses not only by formal, but also by substantive criteria.
About the author:Article title: BANKING INNOVATION: FOR AND CONS
Author: Sviridov Vladimir Anatolyevich
This article is devoted to the problems of introduction of innovations in the banking activities of credit organizations of the Russian Federation and the identification of the positive and negative sides of this process. The historical aspects of the development of the Russian banking system, the introduction of new innovative banking products and the impact of banking innovations on the life situations of citizensare regarded in the article. The study allows us to affirm that the issues raised in the article are debatable and relevant.
About the author:Article title: SECURITIZATION IN RUSSIA: DEVELOPMENT, PROBLEMS AND PROSPECTS
Author: Sedykh Maxim Andreevich
In this article the author discloses the term and economic nature of securitization in a simple and accessible form. The history of the emergence of both the term itself and the path of securitization as an economic instrument is described. Securitization is the technique of attracting financing for certain assets through the issue of securities. The authors of the article highlighted the main types of securitization and described the peculiarities of each of them. Depending on who is the issuer of securities, securitization is conditionally divided into classical and synthetic. The classic (traditional) securitization of bank assets is characterized by the transfer of assets to Special Purpose Vehicle (SPV). Synthetic securitization is characterized by a lack of sale and actual transfer of assets. Debt is issued by the bank itself. All roles of participants of this process are described. As an example, the author considers the model of work of one of the leading banks in Russia. The main block of work was devoted to the study of the current stage of development of the securitization tool in Russia. The author also shows one of the unresolved problems - when transferring rights to a documentary mortgage, the transferring person makes a mark on such a mortgage about its new owner, but in fact it is impossible to do so due to the large number of simultaneously transferred mortgages. The author proposes to solve this problem by using the synthetic securitization tool. The final part of the article is devoted to development of synthetic securitization thru the changes in in legislation. Structural bonds are given as an example.
About the author:Article title: PARTICIPATION OF THE BANK IN TAX OBLIGATION OF THE TAXPAYER
Author: Starkov Sergey Vitalievich
This article analyzes the development of the approach to the execution of the tax obligation of the taxpayer, provided that they submit a payment order to the Bank. The work indicates that the position that the constitutional duty of a taxpayer - legal person on tax payment is considered executed on the day of debiting its current account in a credit institution funds in the presence of this account has sufficient cash balance, the legislation changed the existing at that time regulations in favor of the taxpayer and established a rule, which is now found in article 45 of the tax code. However, the position of the High Court of the Russian Federation on this issue is in conflict with the formal requirements of the law, and the highest court proposes to consider the issue from the standpoint of good faith of the taxpayer.
About the author:Article title: COVENANT IN FINANCIAL TRANSACTIONS: QUESTIONS OF PRACTICAL APPLICATION, TRENDS OF JUDICIAL PRACTICE
Author: Stepanova Alla Borisovna
The article explores the concept of covenant terms of the contract. Despite its importance to theory and practice, the term is not disclosed in a normative manner. The importance of the covenant for the bank is that these conditions allow you to set certain economic indicators, which should correspond to the activities of the borrower, in order to reduce the risks of non-repayment of the loan. The article also analyzes the expediency of using potestative conditions in contracts to reduce The banks risks associated with covenant conditions establishing obligations towards third parties. This issue is relevant because currently there is no unambiguously established judicial practice regarding the challenge of these conditions.
About the author:Article title: DEVELOPMENT OF THE INSTITUTE OF CONCILIATION PROCEDURES IN RUSSIA. MYTH OR REALITY?
Author: Surovyatkina Nadezhda Evgenievna
The article is devoted to the role of credit institutions and the Central Bank of the Russian Federation in the organization and implementation of financial monitoring. The main directions of participation of the banking sector in the sphere of combating legalization (laundering) of proceeds from crime and financing of terrorism are reflected; the legislative and by-laws regulating this sphere of public relations are analyzed; the problems of insufficient legal regulation of financial monitoring measures are identified.
About the author:Article title: CONVALIDATION OF DESTRUCTIVE TRANSACTIONS IN THE INTERESTS OF GOOD PARTICIPANTS OF CIVIL TURNOVER OF PROPERTY MANDATORY RIGHTS
Author: Ushakov Oleg Viktorovich
Given article is devoted to the issues that arise in case of recognition of a void transaction as a valid one. The author suggests to consider bona fide purchasers right to remedy in a broader context. An attempt is made in the article to reason the possibility of healing an invalid transaction as a result of which bona fide assignee takes property interest from the unentitled assignor. Based on the analysis of the content of the sec. 390 of Russian Civil Code the author concludes upon double assignment of the same right the concept of precedence of competing assignees is not always in effect. Under the law the assignee that does not have privilege of priority is exempted from liability providing that the debtor performs his obligation and therefore acknowledges the rights of an assignee under the assignment agreement. Under the sec. 166 of Russian Civil Code misrepresentation of assignee about the unentitled party not always results in nullity of the assignment agreement but rather allows to apply the concept of convalidation.
About the author:Article title: INTERMEDIARY MODELS AS ONE OF FACTORS INCREASING EFFICIENCY OF LITIGATION - THEORETICAL AND LEGAL ASPECTS
Author: Fastova Marina Andreevna
Today, more and more often, when resolving legal conflicts, the parties turn to an independent entity that would resolve the legal conflict from a position that would suit both sides. At the same time, there are not only significant savings in financial and time costs, but also the preservation of confidentiality. In this regard, from the point of view of the participation of a third independent party in the resolution of legal conflicts, we can detect the role of the mediator in family, labor, commercial, criminal relations, which will allow us to identify the appropriate theoretical models of mediation and conduct their research.
About the author:Article title: LEGAL AND ECONOMIC RISKS OF STORING VALUES IN BANK CELLS
Author: Fedorov Dmitry Stanislavovich
The article discusses the sources of risk of loss of values placed in a bank cell. An enhanced security system is proposed for monitoring the state of bank cells and the depository, based on modern technologies, the scheme of this security system is considered. The main reasons for the loss of values placed in the bank cell are highlighted. The article also proposes to consider an insurance tool as a way to solve the problem of compensating the cost of lost property of a bank cell.
About the author:Article title: ABOUT THE VALUE OF CONSCIENCE IN RESOLUTION OF DISPUTES WITH THE PARTICIPATION OF BANKS AS PROFESSIONAL PARTICIPANTS OF CIVIL TRAFFIC
Author: Khorosheptseva Natalya Igorevna
The article explores the trend of increasing the value of valuation categories in civil law, as well as strengthening the role of general principles of law, one of which is the principle of good faith. The author notes the use of increased standards for assessing the integrity of banks as professional participants in civil turnover. The article analyzes the judicial practice of using Art. 10 of the Civil Code of the Russian Federation when considering disputes involving banks. There was a lack of uniformity in the determination by the courts of the limits of the assessment of good faith, as well as a reasonable application of the principle of good faith when considering disputes involving banks at the level of the Supreme Court of the Russian Federation. At the same time, the author does not exclude the possibility that courts of lower instances attach too much importance to assessing the integrity of banks in comparison with other significant circumstances of the dispute.
About the author:Article title: OBTAINING AN EXECUTIVE DOCUMENT ON REGISTRATION REQUIREMENTS WHICH THE DEBTOR HAS NOT BEEN EXEMPTED AT THE COMPLETION OF THE BANKRUPTCY PROCEDURE
Author: Chuklin Alexey Vladimirovich
The article deals with a current procedural problem of compulsory execution by the debtor of obligations to third priority register creditors in case the debtor is not released from execution of obligations at the end of bankruptcy. Special attention is paid to the problem of obtaining an executive document on the claims of third priority creditors, the validity of which was established only in the bankruptcy case. Since the issue is not regulated by the legislation nor by the court practice of the Supreme Court of the Russian Federation, the article develops and describes the legal approach to solving the problem on the basis of analysis of the available isolated cases of court practice of the district and appeal arbitration courts.
About the author:Article title: FAITHFUL OPPOSITION TO COLLECT LOAN: PROCEDURAL MATTERS
Author: Yudin Andrey Vladimirovich
The article analyzes the issues of unfair counteraction to the collection of accounts payable, when the debtor, in order to prevent the collection, initiates a "parallel" process aimed at disavowing the contract that serves as the basis for the collection. Procedural consequences of initiation of such case are considered on the basis of the legal positions of the Supreme Arbitration Court of the Russian Federation remaining in force. The article reviewed and permitted such basic situations as the timeliness of filing a counterclaim challenging the agreement; no obligations of the court to suspend proceedings for the recovery in case of challenging a contract in a different case; the validity of the check the court of the facts of imprisonment and the validity of the contract without special request of the parties; the algorithm of action of ships verification of the chain of command in cases of satisfaction of requirements about challenging the agreement if you held the decision on collecting; the need to clarify the plaintiffs claims for recovery in the event of cancellation of the contract in another case. In general, the mechanisms of overcoming the contradiction consisting in the obligation of the court, on the one hand, to counteract possible abuses of procedural rights, and, on the other hand, to prevent the diminution of the rights of persons involved in the case, including under the pretext of combating possible abuses, are considered.
About the author:Article title: SOME ASPECTS OF LEGAL REGULATION OF AGRICULTURAL LOANING
Author: Yusupov Ramil Zyakyarievich
The article is devoted to the study of lending to the agricultural sector. The author notes the need to improve, optimize and adapt the modern legal framework for credit regulation to the new realities and needs of agricultural producers. Attention is focused on the shortcomings of the comprehensive legal regulation of concessional lending to the agricultural sector. The necessity of introducing a mechanism for improving the legal regulation of collateral relations in the field of lending to the agricultural sector is emphasized. According to the results of the study, the author proposes a number of directions for improving the legal regulation of lending to the agro-industrial complex, namely: timely allocation by the Ministry of Agriculture of the Russian Federation of the next tranches for subsidizing investment loans for the purchase of equipment; acceleration of the approval process for obtaining soft loans; reduction of too long time for decision making; reduction of high requirements for small business in the agricultural sector; reduction in the volume of documents required to obtain a loan; addressing the needs of agricultural producers in lending throughout the year, and not at the beginning, which contributes to the dependence on limits; the provision of not only short-term loans, but also mediumterm and long-term, taking into account the specifics of seasonality and profitmaking by agricultural enterprises; expanding the list of authorized banks for the implementation of the mechanism of soft loans; the introduction of credit vacations during production stagnation, based on seasonality in various areas of agricultural work; consolidation at the regulatory legal level of deferment of down payments and the possibility of payments in the fourth quarter.
About the author:Article title: CREDIT TRANSACTIONS SECURED BY GUARANTEE FUNDS
Author: Yakovleva Alla Alexandrovna
The article analyses the mechanism of interaction between warranty funds and banks. Despite the fact that increasing practice of providing loans to small and medium-sized businesses by guarantee warranty funds, there are situations when the courts recognize guarantee warranty funds ceased due to the occurrence or non-occurrence of a number of circumstances. The article analyzes these circumstances, the existing judicial practice on this category of issues, and suggests ways to minimize the risks of the Bank.
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