DOI: 10.7256/2454-0765.2016.1.18366

Abstract: The article is devoted to the concept of the national payment system. Based on the system-activity approach, Surdeev offers his own definition of national payment system. In addition, he studies the national payment system in terms of applicable methods of cashless payment during fund transfers. The researcher notes that technological processes and global trends in the development of payment systems lead to the complication of the payment infrastructure. As a result, NPS subjects process remittance information and perform clearing and settlements between final payers and recipient of funds faster. For the first time in the academic literature the contents of payment services have been clearly described. One of such services is the fund transfer directly related to cashless transactions. In the course of preparing for and conducting the research, Surodeev has used general research methods (generalization, deduction, abstraction and experiment) and special research methods (legal modeling). The main results and scientific novelty of the research are: 1) the author's definition of the Russian Federation national payment system based on the system-activity approach; 2) the research of the contents of the Russian Federation national payment system in conjunction with applicable methods of cashless payment during fund transfers. 

Keywords: system-activity approach, national payment system (NPS), NPS subjects, money transfer, cashless transaction, payment service, payment instruments, payment infrastructure, fund transfer, payment system

DOI: 10.7256/2454-0765.2018.4.30392

Abstract: The object of the research is the activity of Islamic banks within the territory of Eurasian Economic Union. The subject of the research is the provisions of the banking law that fix the basis for financial activity taking into account the Islamic principles. The informational background of the research includes provisions of the banking law of the EEU states and statistical data of the International Monetary Fund. The researcher focuses on the experience of the Republic of Kazakhstan which legal basis creates suffician conditions for Islamic banking activity. The author of the article also provides the results of his analysis of the legal peculiarities of investment deposit and Islamic mortgage contracts. In the course of the research the author has applied general research methods of analysis and synthesis as well as special methods of law science such as formal law and comparative law methods. Based on the results of the research, the author concludes that the demand for Islamic banking service depends on the size of Islamic population. The Republic of Kazakhstan holds the leading position with regard to the level of the legal base development. Concerning the Russian Federation, the researcher proves the need in carrying out a legal experiment and creating Islamic banks in the RF constituents with a high degree of Muslim population. 

Keywords: Islamic, experiment, Eurasian Economic Union, Russian Federation, Shariah, mortgage, deposit, Islam, legislation, bank

DOI: 10.7256/2454-0765.2016.1.67543

Abstract: The article is devoted to the concept of the national payment system. Based on the system-activity approach, Surdeev offers his own definition of national payment system. In addition, he studies the national payment system in terms of applicable methods of cashless payment during fund transfers. The researcher notes that technological processes and global trends in the development of payment systems lead to the complication of the payment infrastructure. As a result, NPS subjects process remittance information and perform clearing and settlements between final payers and recipient of funds faster. For the first time in the academic literature the contents of payment services have been clearly described. One of such services is the fund transfer directly related to cashless transactions. In the course of preparing for and conducting the research, Surodeev has used general research methods (generalization, deduction, abstraction and experiment) and special research methods (legal modeling). The main results and scientific novelty of the research are: 1) the author's definition of the Russian Federation national payment system based on the system-activity approach; 2) the research of the contents of the Russian Federation national payment system in conjunction with applicable methods of cashless payment during fund transfers. 

Keywords: payment infrastructure, payment instruments, payment service, cashless transaction, money transfer, NPS subjects, national payment system (NPS), system-activity approach, fund transfer, payment system

DOI: 10.7256/2454-0765.2018.4.30460

Abstract: The subject of the research is insurance contracts concluded in the process of bank crediting which has been evident through court decisions. Considering that the growth of Russian insurance market has been caused mostly by banking services, there is a question about what causes this phenomenon which is so much disliked by borrowers (who, in fact, act as insurers). The methodological basis of the research includes general research methods (dialectical method, analysis and synthesis) and specific research methods (formal law analysis). As a result of court practice analysis, the author defines a tendency towards development of special legal mechanisms of financial loss reduction which may be caused by termination of insurance contract by borrower both during the cooling period and after expiration of the contract. The author also demonstrates that there is unfair practice in insurance for bank crediting resulting from determination of a wrong status of borrower in the insurance contract, unreasonably high commission payment for bank and administrative expenses as well as refusal to return part of the insurance premium in case of early coverage of credit. At the same time, the researcher also shows that there are certain legal positions that defend interests of borrower as a 'weaker' party which becomes possible as a result of unfair contract conditions. 

Keywords: intermediation, termination of the insurance contract, ñommission payment, insurance premium, cooling period, collective insurance, credit contract, borrower, policyholder, insured person

DOI: 10.7256/2454-0765.2017.4.25542

Abstract: The subject of the research is the Banking Union of the EU as a new legal phenomenon , in particular, how it has been developing in co-operation with European and national specialized financial institutions as well as international banking laws. The authors place a special emphasis on the description and analysis of historical and legal facts allowing to better understand the nature and main goals of the Banking Union as well as its place in the overall system of financial relations of the EU. The authors demonstrate a close connection between new competent authorities of the Banking Union and European Banking Authority that was created for many purposes including regulation and supervision over the banking sector. The methodological basis of the research implies general and special research methods including historical, dialectical methods, systems approach and formal law method. In the course of their research the authors have made a list of the main legal acts that regulate the development of the Banking Union of the EU and have performed their system analysis. The authors conclude that in the EU financial regulatino has a systemic and complex nature and the Banking Union is just an another topical direction of the EU financial integration that has been quite a success so far. 

Keywords: Joint Supervisory Teams, Memorandum of Understanding, Single Rulebook, European Banking Authority, Single Supervisory Mechanism, European Central Bank, banking supervision, Banking Union, Basel Accord, Basel Committe

DOI: 10.7256/2454-0765.2018.1.21526

Abstract: Top management characteristics of local and international banks in Russia are considered in the article. Requirements for managers in different sectors of the economy differ, therefore, their characteristics, including education, work experience, age, gender and others, also differ. To analyze the portrait of a top manager in the Russian banking sector, extensive empirical research was conducted. Based on empirical data, the article compares the characteristics of board members in local and international banks on the Russian market. The sample of research consists of 178 banks. Information collected on the websites of banks about their organizational characteristics and information about board members, in particular, data on gender, age, citizenship, position and date of appointment, education and previous work experience. Analysis of frequency distribution as well as calculation of average and standard deviation of the research indicators found out little differences in characteristics of top management team in local and international banks. Percentage of foreigners among chairman of executive boards is higher in international banks, and as a result higher the percentage of those who have abroad education and international experience. The research has also demonstrated that in local banks percentage of female representation is higher than in international banks.

Keywords: economics, senior management, top management characteristics, management, top management, international banks, local banks, Russia, banking sector, leadership

DOI: 10.7256/2454-0765.2015.1.14859

Abstract: The article reviews the currently existing approaches towards banking law. The author gives proof of the reasonability of demarcating between two spheres of public control in banking law –public banking law and private banking law. The subject analyzed in the article is social relations that have to do with public banking law. The author determines the subject of public banking law and the methods of legal regulations specific for public banking law. He also demarcates the sphere of social relations that are regulated by the norms of public banking law and determines the system of public banking law. The author uses the method of comparing laws, as well as methods of analysis and synthesis, which allows him to come to the following conclusions: the specifics of banking activity, the role of credit institutions in modern economy and several peculiarities of their relations with creditors – first of all, with depositors – bring to life the necessity of considerable public interference in the activity of credit institutions. He also notes that public legal norms form the basis of up-to-date regulations of banking activities.

Keywords: private banking law, legal regulation, banking, system of banking law, method, subject, public banking law, banking law, social relations, legal norms

DOI: 10.7256/2454-0765.2015.1.66394

Abstract: The article reviews the currently existing approaches towards banking law. The author gives proof of the reasonability of demarcating between two spheres of public control in banking law –public banking law and private banking law. The subject analyzed in the article is social relations that have to do with public banking law. The author determines the subject of public banking law and the methods of legal regulations specific for public banking law. He also demarcates the sphere of social relations that are regulated by the norms of public banking law and determines the system of public banking law. The author uses the method of comparing laws, as well as methods of analysis and synthesis, which allows him to come to the following conclusions: the specifics of banking activity, the role of credit institutions in modern economy and several peculiarities of their relations with creditors – first of all, with depositors – bring to life the necessity of considerable public interference in the activity of credit institutions. He also notes that public legal norms form the basis of up-to-date regulations of banking activities.

Keywords: private banking law, legal regulation, banking, system of banking law, method, subject, public banking law, banking law, social relations, legal norms

DOI: 10.7256/2454-0765.2014.4.14203

Abstract: Abstract. The subject of the study is constitutional and legal status of the Bank Russia which is investigated as to its potential of the government's anti-crisis policy implementation towards overcoming (minimizing) the crisis in the Russian economy in 2015. The main element in monetary relations in Russia is the banking system which main link is the central bank, but its constitutional and legal status is a topic for ongoing debate. The subject of research is analyzed from the perspective of the development of modern Russian constitutionalism and interrelation of economic and legal phenomena. To examine the status of the Bank of Russia, the study uses a set of research methods: dialectical method, particular social and legal studies, comparative law, systemic methods, etc. The study confirms the conclusion that the central bank is a public authority; this judgment is based on the analysis of the RF Constitution, federal laws, and acts of the Constitutional Court of the Russian Federation. A key feature of the constitutional and legal status of the Central Bank is the fact that the CB is a body dedicated to ensure the sustainability of national currency, especially when Russia faces serious economic trouble.

Keywords: act, law, economics, crisis, bank, Central Bank, Constitution, state, authority, status

DOI: 10.7256/2454-0765.2014.4.66164

Abstract: The subject of the study is constitutional and legal status of the Bank Russia which is investigated as to its potential of the government's anti-crisis policy implementation towards overcoming (minimizing) the crisis in the Russian economy in 2015. The main element in monetary relations in Russia is the banking system which main link is the central bank, but its constitutional and legal status is a topic for ongoing debate. The subject of research is analyzed from the perspective of the development of modern Russian constitutionalism and interrelation of economic and legal phenomena. To examine the status of the Bank of Russia, the study uses a set of research methods: dialectical method, particular social and legal studies, comparative law, systemic methods, etc. The study confirms the conclusion that the central bank is a public authority; this judgment is based on the analysis of the RF Constitution, federal laws, and acts of the Constitutional Court of the Russian Federation. A key feature of the constitutional and legal status of the Central Bank is the fact that the CB is a body dedicated to ensure the sustainability of national currency, especially when Russia faces serious economic trouble.

Keywords: act, law, economics, crisis, bank, Central Bank, Constitution, state, authority, status