PROFESSIONALLY MOTIVATED OPINION IN THE BANKING LAW
Abstract
The article is devoted to a comprehensive analysis of the concept of professionally motivated opinion applied by regulator (Bank of Russia) in respect of a credit institution. This concept (category) is seen in a variety of ways: as the approach used in international banking practice, as an institution of banking supervision, as assessment assigned by to the Bank of Russian to a credit organization, on the basis of analysis of numerous financial parameters of the latter, the ownership structure, the risks taken and the objective economic factors. The article discusses also the main directions of banking supervision, which includes elements of professionally motivated opinions as well as the goals of the latter.
About the Authors
E. E. Frolova
Russian Presidential Academy of National Economy and Public Administration, Moscow
Russian Federation
Frolova E. E. – Honorary Lecturer of the Russian Federation Higher Education, Honorific Lawyer of the Russian Federation, Doctor of Law, Chair of Banking and Financial Law
Russian Federation
Frolova E. E. – Honorary Lecturer of the Russian Federation Higher Education, Honorific Lawyer of the Russian Federation, Doctor of Law, Chair of Banking and Financial Law
E. V. Karmadonova
Lomonosov Moscow State University
Russian Federation
Postgraduate
Russian Federation
Postgraduate
References
1. Solodkov V. Inspectors of the new generation // Banking. 2008. № 4
2. Federal Law of 07.02.2002 № 86-ФЗ "On the Central Bank of the Russian Federation (Bank of Russia)"
3. Bank of Russia Instruction of 12.01.2003 № 108-I "On the organization of the inspection activities of the Central Bank of the Russian Federation (Bank of Russia)" (as well as "The procedure for agreeing of proposals for interregional, inspections of structural divisions of credit institutions and inspections of Sberbank of Russia", "Dispute Resolution Procedure in planning of inspections of credit institutions (or their affiliates)", "Procedure of amendments to the consolidated plan of integrated and thematic of inspections of credit institutions (or their affiliates)")
4. Bank of Russia Instruction of 08.25.2003 № 105-I "On the procedure of inspections of credit institutions (their branches) authorized representatives of the Central Bank of the Russian Federation"
5. Bank of Russia Directive of 10.29.2008 № 2107U " On assessing the financial situation of the bank to decide on the usefulness of the participation of the State Corporation "Deposit Insurance Agency" in the implementation of measures to prevent its bankruptcy"
6. Radjabova M. Current state and perspectives of the development banking regulation and supervision in Russia / / Actual problems of the humanities and natural sciences. – 2011. – № 4. – P. 107–113.
7. Frolova E., Ermakov S., Yudenkov U. Organizational and legal bases of functioning of of the Central Bank / / Texbook, Irkutsk, BSUEL publisher. – 2010/
Review
For citations:
Frolova E.E., Karmadonova E.V. PROFESSIONALLY MOTIVATED OPINION IN THE BANKING LAW. MIR (Modernization. Innovation. Research). 2014;5(2(18)):29-35.
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