In the present article the author brings to attention the reader the scientific and practical comment to recently adopted Federal law of December 31, 2017 No. 486-FZ «About a syndicated loan (loan) and about introduction of amendments to separate acts of the Russian Federation». Besides, the author expresses opinion on the legal nature of the contract of a syndicated loan. According to the author, it is admissible to draw several conclusions on the legal nature of the contract of a syndicated loan. The situation when the document having the name «Contract of a Syndicated Loan» or a loan includes contents of all contracts named in Federal the law of December 31, 2017 No. 486-FZ is possible. Then the considered contract should be considered not mixed, and conglomerated. All contracts included in its structure could be signed without prejudice to their contents in the form of separate documents in which, however, references to other contracts mediating the syndicated crediting are expedient. Signing of the contract of a syndicated loan (loan) as frame contract (Art. 429.1 of the Civil Code of the Russian Federation) in which only the general conditions of future contracts which are supposed to be concluded in the future have to be coordinated is admissible. Unlike the previous case in such contract not all essential conditions of future contracts but only some of them will be coordinated. Signing of the contract on the organization of the credit is admissible as there is nobody the agency contract according to which the organizer of the credit undertakes to prepare the project and in the subsequent to sign the contract of a syndicated loan (loan). The last, in turn, can be qualified as frame or conglomerated depending on his contents. In the case under consideration the contract on the organization of the credit can’t be included in number of contracts which have to be signed within the contract of a syndicated loan (loan), and has to precede him. The contract of a syndicated loan (loan) can be formulated partially as the frame contract which assumes the conclusion of some contracts in the future, and partially - as conglomerated as he will include a part from the contracts stated above in full. And, at last, contracts of a syndicated loan (loan) which unite the signs of contracts described above are possible.

In article the institute of consumer protection of financial services, new to Russian law, is considered. The general characteristic of the Federal law «About the Representative for the Rights of Consumers Financial Services» is given. The analysis of legal status of the representative for the rights of consumers “financial services and Service of the financial representative is carried out. Authors defend opinion that the financial representative isn’t public authority and keeps the status of institute of the civil society recognized by the state at the level of the federal law and the public authority possessing separate functions, first of all - function of settlement of dispute between conflicting parties. The specifics of the financial representative consist that this body isn’t the body which is neutrally relating to the parties of a dispute between the consumer of financial services and the financial organization. The financial ombudsman is a body for consumer protection of financial services.

The article is devoted to the analysis of the legal nature of the escrow contract in the Russian law. It is concluded that the escrow agreement is neither an accessory nor an independent secured obligation. The escrow agreement was analysed in a comparative legal aspect. It is concluded that, unlike common law, there is no need to allocate fiduciary duties of an escrow agent in Russian law, as they are covered by the principles of good faith and cooperation in contractual relations. Trust is not a fundamental feature of an escrow agreement. Therefore, the escrow agreement does not have the features of fiduciary, it is an ordinary compensation agreement.

The civil law establishes the obligation of credit institutions to open a Bank account for the customer and to carry out operations on it on the customer's order or without his order on the grounds and in the manner prescribed by law. Recently, the statutory powers of banks to refuse the client to open an account or conduct transactions on it, as well as additional grounds for termination of the Bank account agreement, are greatly expanded. The imperfection of the current legislation leads to problems in the law enforcement and, accordingly, the growth of litigation. To a greater extent they relate to compliance with the Federal law of 07.08.2001 № 115-FZ. The article deals with the problems of implementation of «refusal» authority by banks in relation to customers and the way of resolution.

In article provisions of the civil legislation on restriction of usurious percent are analysed when granting consumer loans (loans). The author has considered jurisprudence concerning assessment of conscientiousness of the behavior of creditors establishing an interest rate for the contract of a consumer loan (loan) and the main ways of protection of the rights of the borrower. In particular, the author has drawn a conclusion that estimating actions of the parties as conscientious or unfair, courts proceed from the behavior expected from any participant of the civil circulation considering the rights and legitimate interests of other party, promoting it including in obtaining necessary information. At conscientious implementation of the right for protection the authorized subject can count on realization of the right by means of one or several ways of protection provided zakonom14. Thus, ways of protection of the rights of the borrower concerning whom the interest rate different from market value is established depend on a concrete situation. The borrower can demand to nullify a condition about an interest rate, to claim damages from the creditor, to send to court the requirement about refusal to the creditor in collecting in that part in which the size of an interest rate differs from market value.

The proliferation of powerful computers and communications has had a particular impact on financial markets. There appeared so-called cryptocurrencies formed with the help of various information technologies, the main feature of which is their inseparable connection with electronic systems and the impossibility of existence in material form. On the possible use of crypto-currencies by credit institutions and the legal position on this issue will be discussed in this article. At the end of work the author has come to a conclusion that use of cryptocurrency in bank activity is impossible now neither in any quality - nor as means of payment, nor as subject of the contract of the bank account (contribution), the credit agreement. There is a wish to emphasize that as the address of cryptocurrencies isn’t controlled by the state and isn’t provided, responsibility for their acquisition entirely lies on associates who have made the conscious decision on this question.

In article historical development of a syndicated loan, prerequisite of his emergence abroad and in Russia is considered by the author. Also work over recently adopted Federal law of December 31, 2017 No. 486-FZ «About a syndicated loan (loan) and about introduction of amendments to separate acts of the Russian Federation» is described. The author proves the idea that prerequisites of emergence of a syndicated loan existed in Ancient Rome. The contemporary history of the international syndicated loan has begun in the 70th of the last century. The market of eurodollars which had partially economic, and partially legal basis became a prerequisite of his emergence. First, the essential growth of trade deficit of the USA has led to the fact that the considerable volume of the dollars serving international trade and the market of the capitals in the 1960th has begun to accumulate abroad. Secondly, in the American legislation worked the ban to charge percent on deposits poste restante, restriction of a rate on term deposits and also increased requirements to reservation on such transactions. As a result of them it became more favorable to conclude in the European market. The Russian corporate borrowers have begun to master the international market of syndicated loans in the mid-nineties.

In article the institute of insolvency (bankruptcy) of banks is considered as the anti-recessionary instrument of regulation of the market of banking services. The institute of bankruptcy of banks corresponds to bank regulation, features recovery and liquidating mechanisms of institute of bankruptcy of banks come to light. In article features of institute of bankruptcy of banks as anti-recessionary instrument of regulation of the market of banking services come to light and analyzed. The author has come to the following conclusions. Institute of insolvency (bankruptcy) of credit institutions, being the instrument of anti-recessionary regulation of the market of banking services, at the same time acts in separate parts and the instrument of bank regulation. The institute of bankruptcy of banks (in a liquidating part) as the anti-recessionary tool is characterized, and it is rather, it has to be characterized, two main lines: 1) the reduced terms of the procedure of bankruptcy of credit institutions; 2) the raised guarantees of protection of the rights of creditors and investors of credit institutions. Among features of institute there are bankruptcies of credit institutions as it is possible to allocate funds of anti-recessionary regulation several features: lack of recovery procedures in the course of insolvency (bankruptcy) of credit institutions; special signs and criteria of insolvency (bankruptcy) of credit institution; a special role of the Bank of Russia at initiation of case of recognition of credit institution by the bankrupt; participation in the procedure of bankruptcy of bank of the special receiver - DIA; features of judicial proceedings on cases of bankruptcy of credit institutions; specific legal means of formation of competitive weight; features of contest of transactions credit the organizations - on the substance of transactions and on the contest bases; specifics of involvement of heads of credit institution to subsidiary responsibility on her debts; the special rights of investors of credit institution - natural persons and individual entrepreneurs, including on establishment of their requirements and their reference first of all creditors; features of sequence of creditors and satisfaction of their requirements.

In 2017 changes have been made to the Russian banking legislation. These changes create conditions for implementation of conceptual transformations of organizational bases of a banking system of the Russian Federation. The author the attempt to reveal tendencies of development of a banking system of the Russian Federation and their consequence becomes. The author believes that expansion of a specific variety of credit institutions is caused by severe conditions of functioning of a banking system of the Russian Federation at the present stage of her development (formation of an adverse general financial situation, falling of profitability of bank activity of most credit institutions, reduction of number of credit institutions, etc.). In these conditions proportional regulation of activity of credit institutions became one of the priority directions of development of state policy in the bank sphere. The author has come to a conclusion that when obtaining the status of credit institutions by microfinance companies in practice the problems having system character that won’t allow (or extremely will complicate) implementation of provisions of article 23.6 of the Federal law «About Banks and Bank Activity» will be revealed. Owing to this fact it is possible to assume that the legislator will develop the considered tendency on change of organizational and legal bases of a banking system by means of setting standards on direct integration of microfinance companies into a banking system of the Russian Federation.

In focus of the present article there are interesting both with theoretical, and from the practical point of view questions of interpretation of the concept «overdraft» and legitimacy of granting an overdraft by credit institution to the client for repayment of obligations under executive documents The specified problem has arisen because the current legislation doesn’t contain the direct ban on execution of the requirement for the court order, including at the expense of proceeds of credit of the debtor. Authors recommend to provide in the agreement on granting an overdraft those payments which can be made at the expense of the provided overdraft and also the bans on overdrafts according to settlement documents of the third parties, etc. On this way there is, in particular, the European legislator when in item 5. Art. 10 of the Directive No. 2008/48/EU of the European Parliament and the Council of the European Union «About contracts of consumer crediting and cancellation of the Directive of the EU Council 87/102/EEC» (it is accepted in Strasbourg on April 23, 2008) fixes that in a case in case of the conclusion of the credit agreement in the form of an overdraft in him (among other conditions) information on the payments made from the moment of the conclusion of the credit agreement has to be established «and if it is applicable, conditions under which these payments can be made».

The article deals with P2P lending as one of the fastest growing forms of investment without the participation of credit institutions, which is currently in the legal vacuum due to the lack of special legal acts establishing the legal status, rights, obligations, responsibilities and guarantees of the participants of mutual financing. Along with such obvious advantages of P2P lending as the forming of an alternative investment market, accessibility, easy registration, and the use of modern technologies, there are shortcomings in the absence of the professional standards of P2P websites, control and supervision by the state, the risk of forming the «financial pyramids». The increased risks of the lenders are due to the lack of the objective criteria for the evaluation and comparison of the platforms for mutual lending and the impossibility of proper scoring of the borrowers using the credit reference bureau and the potential of cybercrime, because all the technology is concentrated on the Internet, and the minimum requirements for security do not exist. The need to adopt the special law that takes into account the current specifics of the P2P lending market is obvious.

In this article the author proves the questions on payments settlement on the transferable credits. It sets against provisions of the article 870.1 of the Civil Code and article 38 of the Uniform Customs and Practice for Documentary Credits 2007. This article discusses the question of the procedure of application of the Uniform Customs and Practice for Documentary Credits 2007 in internal payments on the territory of Russia. Special attention is paid to points of view on the legal effects of the transfer the documentary credit.

The article is devoted to the analysis of the nature of the Bank Tariff, charging the Tariff for maintaining and servicing the Bank (current) account, as well as the possibility of unilateral changes in the size of the Tariff for banking operations on the account.

In article the bases for refusal in granting the credit and also his consequence are analyzed. Actions of bank for refusal of granting the credit in general should be classified as unilateral cancellation of the credit agreement while failure to provide a part of the credit within the credit agreement - as unilateral change of his conditions. Other conclusion can be drawn in case of refusal bank in granting a tranche within the contract on opening of a credit line. The general agreement on opening of a credit line can be constructed on two models. The first assumes fixing at bank of a duty to issue the credits according to the first requirement of the borrower. In this case the borrower has sekundarny rights to demand granting money in a size necessary for him (in the limits set in the frame contract). The second model is characterized by the fact that credit lines, in fact, are «soft» frame contracts in which the credit limit is fixed, but allocation of concrete trenches is made according to the application of the borrower provided that the bank expresses the consent (that is, in fact, the agreement on allocation of the next credit is formed). In such contracts neither the borrower is obliged to take the credit, nor the bank is obliged to give him, consent on allocation of the credit won’t be reached yet. However even in the presence in the contract of the formal bases for refusal in granting the credit (the next tranche), the court will estimate behavior of credit institution in essence in each case. Thus, it is possible to claim that freedom in realization of the right of bank for refusal of the credit agreement or on unilateral change of his conditions, is limited to requirements of rationality and conscientiousness. As a result of the conducted research the author has come to a conclusion that credit institutions within already signed credit agreement can refuse issuance of credit (tranche) only in the presence of the circumstances provided by the law, and with borrowers legal entities - also the contract. At realization of the right for unilateral refusal they have to be guided by requirements of rationality and conscientiousness. If the right of the borrower for receiving the credit has been violated, he can demand from bank of compensation of losses. The satisfaction of other requirements directed to protection of the violated rights is represented to less perspective.

The article deals with the development of approaches to studying the legal regime of special bank accounts, identifying its key features and elements. It was considered that the development of legal regime of special bank accounts aims at protecting citizens and entities which are not account holders but have a subjective right or legitimate interest in security of funds in the accounts and their targeted spending, as well as monitoring by mentioned persons, credit organizations and the state of spending of money from such accounts. The key elements of the legal regime of special bank accounts have been identified. The notion of the legal regime of special bank accounts has been proposed.

In article the newest practice of the Supreme Court of the Russian Federation concerning subordination (decrease in sequence) loans of participants (shareholders) of the debtor in the case of bankruptcy of this debtor is considered. One of the principles in procedures of bankruptcy is the principle of equality of creditors. However this principle isn’t absolute, and the Federal law from 10/26/2002 No. 127-FZ «About insolvency (bankruptcy)» contains a number of rules for determination of sequence of creditors within case of bankruptcy. For example, the law has set sequence of repayment of requirements of creditors (Art. 134 of the Law on bankruptcy). Also privileged position at repayment of requirements is allocated for mortgage creditors (Art. 138 of the Law on bankruptcy). The certain place is taken by the requirements of participants (shareholders) of the legal entity following not from civil transactions, and connected with the fact of participation in the legal entity that is corporate requirements. According to paragraph 8 of Art. 2 of the Law on bankruptcy competitive creditors of the debtor founders (participants) of the debtor according to the obligations following from such participation don’t admit. In this case just there is also a qualification problem court of requirements about inclusion in the register of requirements of the creditors who are arriving from participants of the debtor and their affiliates and externally looking as the usual civil transaction as corporate and following only from the fact of participation in the bankrupt organization. So, the Supreme Court of the Russian Federation in a number of judicial acts which are analysed in the present article has drawn a conclusion that on sense of this norm don’t join in the register as the requirement of participants for corporate obligations (payment of dividends and so forth), and the requirements which only formally have the civil nature, but in fact by those not being. The author comes to a conclusion that the legal approaches developed by the Supreme Court of the Russian Federation need to be extended also to the loans issued by affiliates of the debtor in anticipation of his bankruptcy