Role of legal regulation in banking system

It is well known definition for civilization, given by Charles Darwin, in due time, that civilization is considered that the stage of human being community existing, where division of labour with introduction of its equivalent – money took place of natural barter in economy. The transfer from natural economic management to commodity-money relations is impossible without development of banks and banking management at any historical period of time.  

Banking system is a necessary element for economic system of any modern state. Therefore, banking law has become one of the central sectors of the law under market economy as it provides appropriate functioning of the state and economic cooperation of economic entities. The problem in relation to the place of banking law is a debating one in law system at the present time. The banking law has received rapid development in the result of state necessity for independent banking regulation and began gradually to come as independent branch of law. Banking law is a branch of law that regulates activity of the banks and other credit organizations. Method for legal regulation is usually understood to be a complex of methods and means for legal regulation that are subject to regularities of the subject of legal regulation and are applied in specified branch of law in the theory of law. The banking law uses such methods as imperative and facultative.      

Imperative or administrative-legal method regulates relations of the authority and subordination. This method suggests that one party of the legal relationships has the right to give binding authoritative orders to the other party.  

The second method is facultative or civil-legal suggests equality for participants of legal relations and possibility to select the variant for conduct, in accordance with their own discretion and in relation to particular circumstances.  

Banking law norms take an important place in the system of banking law. Foremost, it is connected with the fact, that the banking law norms regulate a wide range of social relations having essential value for effective performance of national economy.    

characteristic features that are peculiar to legal standard as a singular legal phenomenon:

- legal standard is an abstract method for conduct;  

- legal standard requirements are directed to personally indefinite persons (to any banker, creditor, depositor);

- legal standards is designed for repeated application;

- legal standard has representative – binding character (it is provided rights and obligations of parties to a legal relationship).

Banking relations are regulated not only by banking law norms, but also by norms that are system-connected with banking law – constitutional, civil, administrative, financial and tax law. Banking relations are regulated by banking supervision.  

Banking supervision is a supervision of the Bank of Russia (distant and contact) for performance and compliance with the banking legislation that regulates banking activity, established legislative instruments, including financial ratio and rules of accounting and statement by specific credit organizations. The general purpose of banking supervision is adaptation of banking system and banking activity of each taken separate credit organization, to conformation with requirements of legislation and normative acts of the bank of Russia.  

The principle source of any branch of law is its provisions regulating banking legal relations. A new banking system had been formed in Russia, it was built on the basis of denationalization and development of credit institutions of different forms of ownership within the period of marker reforms that is from the beginning of the 1990s. Operation period of modern banking system in Russia is not more than 20 years. Within this short period of time credit organizations of the modern Russia have survived more than one wave of financial crisis, that accompanying by devaluation of national currency and therefore bankruptcy of a great number of commercial banks. A number of credit organizations servicing needs of developing economy has wavily changed from 1990.

Performed analysis of the banking system of the Russian Federation and the Kyrgyz Republic has made it possible to detect problems of banking systems functioning and the central problems are the following:  

• Flat development of multi-branch banking, connected with complexity of procedure for its establishment and registration.

• Great number of small regional banks with small value of authorized capital, performing limited number of operations and working with small number of economic subjects (low universalization of banking system).

• One large, practically state bank at services market representation, concentrating 80% of all financial recourses of this sector.  

· High investment share of the state in banking system.

· High concentration of banking system in Central region of the country.

• Insufficiency of funds in banking sector for large infrastructural projects financing.

• Small scale of banking system of the country.

Significant step, on the part of the government in development of banking services market will be creation of more favorable conditions for consolidation, merger and joining of credit organizations.  

The major principle for improvement of regulation system for banking activity and banking supervision is implementation internationally recognized standards and international experience due to peculiarities of organization and functioning of Russian market for banking services. This suggests significant development of purposeful approaches in case of supervision by the Bank of Russia.       

It is necessary to complete process for normative base formation, consolidating application of internationally recognized norms in Russian supervisory practice.

Problems for improvement of legislative and law enforcement practice in banking sphere, together with the matters of corporate management, banking regulation and banking supervision are connected with such problems as compliance with tax and antitrust legislation, struggle with money laundering, that are derived by illegal means, financing of terrorism and control over foreign exchange transactions. Improvement of legislative and law enforcement practice, in accordance with the specified directions, must be performed due to international experience.