Legal encyclopedia. Letter B

BANKING LAW

- this discipline, which is actually in the making, still only reclaiming its place under the sun. A dynamically developing banking system requires a large number of highly professional staff. The imperfection of modern domestic banking legislation hinders the country's economic development, fraught with a threat to national security.

It is advisable to start studying banking law from its general theoretical aspects, from the basic concepts and definitions, most of which have already been formulated in the relevant educational and scientific literature. Since the theoretical aspects of banking law began to be developed and studied relatively recently, the methodological apparatus did not have time to settle down, to acquire stability. Approaches even to the basic concepts in different sources and for different authors differ, and this makes it difficult to study

Students of the basics of banking legislation. The first thing to begin with is to determine what is the subject of the study, what exactly is banking law itself. Banking law is a system of legal norms governing legal relations that arise in the process and as a result of banking activities.

The process of allocating banking law to a separate branch of law occurs in our time. In general, the allocation of any new branch of law depends on the importance of its role for the economic and socio-political development of the country, on the degree of its theoretical and practical development, as well as on the availability of a special subject and method of regulation. The subject of regulation on the part of banking law is banking law, the object of which is banking.

In accordance with modern ideas, banking law should include legal norms regulating the following main issues:

1) the composition and elements of the banking system, its levels, structure, principles of internal interaction and distribution of functions;

2) control over banks by the executive and judicial authorities;

3) the legal status of banks, the procedure and procedure for their formation;

4) internal management of banks;

5) property of banks, their rights to acquire and dispose of them;

6) banking operations;

7) the rights of customers and other interested persons;

8) responsibility of subjects of bank legal relations.

Bank legal relations are relations arising between subjects of these legal relationships as a result of banking activities.

The subjects of banking legal relationships can be both legal entities and individuals.

The object of banking relations is banking,

Carried out in the course of various banking operations.