Читать диплом по мировой экономике, международным экономическим отношениям: "Foreign banks in the Russian financial market" Страница 5

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related to the implementation of banking operations, at least one year, and in the absence of special education - management experience so division of at least two years;presence (absence) of a criminal record.view of the above in the case of a branch of a foreign credit institution would have received the right to exercise on the territory of the Russian Federation, some or all of the following banking operations and transactions referred to in Art. 5 of the Law on Banks and Banking:

• Raising funds from individuals and legal entities to deposits (demand deposits and time deposits) and placement of funds on its own behalf and at his own expense;

• open and maintain bank accounts of individuals and legal entities;

• settlements on behalf of individuals and legal entities;

• collection of cash, bills, payment and settlement documents and cash services to natural and legal persons;

• purchase and sale of foreign currency in cash and cashless forms;

• attract deposits and placement of precious metals;

• issuance of bank guarantees;

• make money transfers on behalf of individuals without opening bank accounts (except for postal orders);

• issue of guarantees for third parties providing the fulfillment of obligations in cash;

• acquisition of the right to claim from a third party fulfillment of obligations in cash;

• trust funds and other property under contract with individuals and legal entities;

• operations with precious metals and precious stones in accordance with the legislation of the Russian Federation;

• lease of natural and legal persons of special facilities or are they safe for storing documents and valuables;

• leasing operations;

• consulting and information services.the implementation of some of these banking operations and transactions require special licenses. In addition, attracting funds of individuals and legal entities to deposits is possible only in case if the requirements stipulated by the Federal Law of 23 December 2003 "On Insurance of Household Deposits in Banks of the Russian Federation." These requirements include the presence of a foreign credit institution license from the Bank of Russia and the formulation of foreign credit institutions registered in the deposit insurance system in accordance with Art. 28 of the Law on Deposit Insurance. addition to the general requirements for the establishment of credit institutions in the Law on Banks and Banking establishes additional regulatory requirements for the establishment and operation of branches of foreign banks. Therefore, domestic legal scholars rightly pointed out that state as a rule do not have the right to refuse a foreign bank in the creation of the Russian branch, citing his refusal as unreasonableness.

For example, the Bank of Russia stopped issue of licenses to carry out banking transactions with foreign investment banks, branches of foreign banks when the quota of foreign capital in the banking system of the Russian Federation. Should be mentioned that quota is calculated as the ratio of the total capital held by non-residents in the authorized capital of credit institutions registered in the Russian Federation. Consequently, one of the necessary conditions for the establishment of quotas is the presence of branches of foreign banks. However, the quota of foreign capital in the Russian banking system is not defined, and is also a result of the Bank's Russia policy on an unofficial ban on the establishment of branches of foreign banks in the Russian Federation.

Thus, the above statutory provisions do not prescribe nor prohibit the creation of the territory of the Russian Federation, branches of foreign banks. This leads to uncertainty in the legal regulation of credit institutions, by virtue of which is one of the shortcomings of the existing system of banking legislation. 1.3 Features of the Russian financial market

any country, the financial market is a mechanism for allocation and reallocation of capital (long-term returns) between lenders and borrowers through intermediaries, including banks. The method by which it is possible to influence the distribution and redistribution of capital between the agents of the economy based on supply and demand, are financial instruments. Thus, the financial instruments have a variety of market product having a financial nature, that is, securities, bonds, foreign currency.financial market is divided into the money market and the capital market. The money market operations are carried out and to provide borrowing available funds of enterprises and population in the short term. On the capital market to borrow funds for long periods. Differences are determined purpose borrowings. The money market serves the sphere of circulation, capital works on it as a means of circulation and payment, which determines the types of financial instruments on the market. Capital market serves the process of expanded reproduction: the capital functions as a self-expanding value.process of accumulation of money capital preceded by a stage of its production. When money capital created and is still in production, it is a pure money-capital. His transfer to other areas of the economy means the acceptance of the form of loan capital. Loan market (as part of the capital market) is able to unite the disparate petty cash, which in itself can not act as money-capital. Combining them in large amounts allows the market to play a greater role in the process of concentration and centralization of production and capital.role of the loan market in the economy manifests itself in three main areas:

) before leaving the loan capital to the private sector, government and the public, as well as foreign borrowers;

) accumulation of free cash capital and cash savings of the population;

) the accumulation and


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