DOI: 10.25136/2409-7136.2018.7.26233

Abstract: Despite a common use of special bank accounts in the Russian Federation legislation, they are rarely studied by experts in civil law and banking law. The science lacks in-depth researches of special bank accounts, in particular, there is still a need to clarify their kinds, features and peculiarities of the legal regime. There are some researches on the matter but, as a rule, they are devoted to particular kinds of special bank accounts. However, the quality of the legal regulation of the bank account institution in many ways depend on the theoretical concept of special bank accounts in general. The author of the article analyzes current approaches to classification of bank accounts and special bank accounts and describes the grounds for these classifications as well as defines essential features of particular kinds of special bank accounts. The author suggests his own approach to the grounds of classification of special bank accounts depending on intended use of a corresponding group of accounts. Based on these grounds, the author suggests to define three kinds of special bank accounts: special accounts containing monetary funds that do not belong to the owner, special accounts that perform transactions taking into account interests of the third parties, and special accounts that are used for public control over expenditure of monetary funds. The use of the author's classification will allow to differentiate between homogeneous kinds of special bank accounts and to establish a complex approach to developing their legal regime. 

DOI: 10.25136/2409-7136.2018.4.26026

Abstract: The article is devoted to the ways of improving the institution of bank account pledge of rights and legal regime of pledge account. In particular, the author analyzes opportunities of overcoming the collisions of civil and financial laws arising as a result of pledge accounts, procedures of openning and closing pledge accounts, and reduction of depositing burden on possible loan losses that may be incurred by banks when enabling credit organisation clients to pledge their rights based on a bank account contract. The methodological basis of the research includes general research method (analysis, synthesis, analogy) and special research methods (formal law method and systems approach). The novelty of the research is caused by the fact that that there are certain problems of the legal regulation and lack of the integral approach to solving them. The following conclusions have been made by the author on the basis of the research results: 1. At the present time there is no clear system of recording bank account pledge of rights which disturbs the right of non-pledge pledgor creditors to judicial defence. 2. Prior to the moment when the bank account pledge of rights occur, the bank must have all necessary information about the pledgee and grounds of his or her participation in the pledge relations. 3. To provide banks with an opportunity to execute rights set forth by the AML/CFT laws, there should be a balance between private pledge account laws and public laws being achieved. 4. In order to reduce the depositing burden on banks, the author suggests to view the bank account pledge of rights as the first type of collateral.