No 1 (2017)
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VECTOR OF LEGAL SCIENCE
22-41 556
Abstract
In this article the author proves the point of view on the legal nature of electronic forms of contracts as a new form of transactions, which is different from simple written and notarial transaction. The author compares the legal aspects of the simple written transaction and electronic forms to justify this legal position. The problem is considered on the examples from practices of credit institutions and judicial practice. Special attention is paid to the legal characteristics of the transactions in electronic form. The concept of «authenticated document» is given.
42-48 209
Abstract
In this article the author based on Russian legislation and judicial practice defines the moment of repayment of the loan. If the parties to the loan agreement will be determined upon return by the borrower of the loan amount, effect special rules of the civil code concerning the moment of the loan repayment. The dispute about the repayment of the loan in the case when funds are transferred by the borrower from the account opened in another credit institution, according to the author, is permitted by the provisions on finality of transfer is prescribed by the Federal law as of 27.06.2011 № 161-FZ «On national payment system», the date of which shall be recognised by the time of the execution of any of the obligations, including repayment of indebtedness under the credit agreement. The act delineates the moment of finality of transfers depending on whether you have the payer and the recipient in a single credit organization or different organizations.
49-61 317
Abstract
Identification of beneficial owners is carried out by credit organisations for the purposes of combating legalization (laundering) of incomes obtained in a criminal way and financing of terrorism. However, the procedure for classifying individuals to the category of beneficial owners and to identify them in the absence of a clear regulatory causes a lot of difficulties in enforcement. On the possibility of resolution is referred to in this article.
62-81 351
Abstract
The article analyses approaches to resolving insolvency (bankruptcy) of financial organisations contained in the “Key attributes of effective resolution regimes for financial institutions” adopted by the Financial Stability Board. The means of financial organisations insolvency (bankruptcy) prevention established by Federal insolvency (bankruptcy) Law are analysed. The approaches to preventing insolvency (bankruptcy) of credit institutions and non-credit financial organisations are compared. Special aspects of prevention of insolvency (bankruptcy) of financial organisation are defined.
82-97 404
Abstract
The focus of this article - the characterization of modern system of crediting small and medium enterprises. To study a range of lenders to small and medium enterprises, terms of the borrowed funds; the problems and prospects of development of this segment of the credit market.
98-104 235
Abstract
The article analyzes the planned method of proportionate regulation in the Russian banking sector, involving the actual formation of the specialized banks. Also considers some aspects of legal regulation of the German banking system.
105-113 229
Abstract
The constitutional court of the Russian Federation in the Resolution № 28-P formulated of 27.10.2015 criteria of rationality and conscientiousness of actions of the investor in case of the conclusion of a bank deposit agreement which availability demonstrates observance of requirements to a form of a bank deposit agreement even despite defects in the documents issued by bank to the investor. In article the court practice created after adoption of the called Resolution of the Constitutional Court of the Russian Federation is analyzed
114-121 345
Abstract
In article the author considers problems of further enhancement of the civil legislation. It puts a question of need of development of a new contractual design - the agreement of a syndicated loan.
122-134 2136
Abstract
Payment system as a structural element of the national payment system, have some common features that does not preclude the possibility of their classification on different grounds. The article considered most important to the national payment system of Russia kinds of payment systems. Attention is paid to the payment system of the Bank of Russia and the national payment card system and payment system «World».
135-143 210
Abstract
The present article is concerned with analysis of the legal status of non-credit financial organizations in relation to provision of consumer loans, as well as requirements imposed on these organizations as compared to the requirements imposed on credit institutions and responsibility for violation of legislation on consumer credit (loan).
TRIBUNE FOR YOUNG SCIENTIST
144-151 296
Abstract
Syndicated credit is one of the more effective ways to attract long-term funding in the international market. This article discusses the concept and key features of the syndicated loan as an economic and legal category.
152-157 229
Abstract
The question of particularities of the designation of the person intervening by a recourse debtor is exanimated in the article. It specifies an exemplary requisite list of the note of designation of the person intervening. Also It examines the question of obligations of the person intervening to intervene after his designation in the bill of exchange.
158-171 632
Abstract
The present article is concerned with the analysis of the features of the legal regime of escrow accounts, the identification of gaps in the exising legal and regulatory framework of the escrow accounts and the features of escrow agreements, as well as the identification of possible curses of changing the existing legislation with a view to eliminating the existing legal barriers for Russian banking institutions when using escrow accounts.
PEN TEST
172-176 206
Abstract
The article deals with the development of the law regulation in the Russian Federation of challenging transactions of credit institutions according to special grounds stipulated by the legislation on bankruptcy. The author gives the analysis of the legal regulation and case law on this issue as well as problems arising from the formation of the legal framework on this issue at different time periods.
177-182 293
Abstract
In this article the author considers the current practical problems of mortgage lending in Russia, proposes own solution some of them.
183-185 272
Abstract
The article contains information about concept of the letter of credit, which is formulated in the Unified rules and customs of MTP for documentary credits (the publication MTP No. 600, edition of 2007), subject structure and the purpose of the obligation of the issuing Bank on cross-border credit.
186-191 300
Abstract
In article the author makes the comparative analysis of separate regulations about the credit agreement in the legislation of the Russian Federation and the Republic Azerbaijan. In particular, the concept of the credit agreement, a form, essential conditions, a condition about percent, etc. considers.
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
ИЗ ПЕРИОДИКИ ПРОШЛОГО
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)