PROFESSIONAL MOTIVATED OPINION: FUTURE TRENDS AND PLACE IN THE BANKING SYSTEM OF LAW AND LEGISLATION (Part 3)
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 opinion as well as the goals of the latter.
About the Authors
E. E. Frolova
Far Eastern Federal University, Russian Federation 8 Sukhanova St., Vladivostok, Russia, 690950
Russian Federation
Russian Federation
Doctor of Law, Honorific Lawyer of the Russian Federation, Honorary Lecturer of the Russian Federation Higher Education, Head of Department of antimonopoly and entrepreneurial law of the Far Eastern University
E. V. Karmadonova
Lomonosov Moscow State University, Russian Federation 1, Leninskie Gory, 119991
Russian Federation
Postgraduate, Lomonosov Moscow State University
Russian Federation
Postgraduate, Lomonosov Moscow State University
References
1. Bank of Russia instruction of 12.01.2003 № 108 "On the organization of the inspection activities of the Central Bank of the Russian Federation (Bank of Russia)".
2. 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".
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10. Bank of Russia letter of 12.16.1998 № 363 "On the methodological recommendations on inspection of the credit institution's loan portfolio".
11. Bank of Russia regulation of 03.31.2000 № 766 "On the criteria for determining the financial condition of credit institutions".
12. Bank of Russia regulation of 02.10.2003 № 215 "On the method of determination of own funds (capital) of credit institutions".
13. Bank of Russia regulation of 03.19.2003 № 218 "On the procedure and criteria to assess the financial position of legal entities and the founders (participants) of credit institutions".
14. Bank of Russia regulation of 04.12.2001 № 137 "On the formation of credit institutions reserves for possible losses".
15. Bank of Russia regulation of 07.09.2003 № 232 "On the formation of credit institutions reserves for possible losses".
16. Bank of Russia regulation of 03.20.2006 № 283 "On the formation of credit institutions reserves for possible losses".
17. Bank of Russia regulation of 26.03.2004 № 254 "On the formation of credit institutions reserves for possible loan losses on loans and similar debts".
18. Bank of Russia regulation of 06.19.2009 № 337 "On the procedure and criteria to assess the financial position of legal entities and the founders (participants) of credit institutions".
19. Bank of Russia regulation of 12.16.2003 № 242 "On the organization of internal control in credit institutions and banking groups".
20. Bank of Russia operational regulation of 23.06.2004 № 70 "On a typical banking risks".
Review
For citations:
Frolova E.E., Karmadonova E.V. PROFESSIONAL MOTIVATED OPINION: FUTURE TRENDS AND PLACE IN THE BANKING SYSTEM OF LAW AND LEGISLATION (Part 3). MIR (Modernization. Innovation. Research). 2015;6(3-2):18-25.
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