Article
Защита прав инвесторов на фондовом рынке: современные вызовы
The article comprehensively considered the protection of the rights of investors in the securities market.
The monograph examines the impact of the modern anti-corruption culture on the Russian constitutional legislation, which sets out the features of the status of persons holding state and municipal positions. The article traces the conceptual grounds for the approval and ordering of this system of ideals in Russian constitutional law. A consistent analysis of anti-corruption innovations in the relevant sources of constitutional legislation is carried out, and recommendations are made to address the most serious gaps. The publication will be useful for students, postgraduates, teachers, researchers, public officials and employees of government bodies, as well as for all those interested in the problems of systemic anti-corruption in society.
This paper presents results of an empirical study which explores Russian banks’ ratings by the econometric modeling method. The nexus was examined between ratings assigned by Moody’s, S&P and Fitch agencies in 2010-2013 years and banks’ financial indicators. Several hypotheses concerning the most promising ways to influence bank rating are tested. According to the research, (1) the most significant factors that reveal the tendency in assigning the rating by each agency during the whole tested period are total assets, liquidity and profitability. Besides, for different agencies’ ratings in some years significant factors are a sufficiency of the capital, activity of crediting of economy, quality of a credit portfolio; (2) The significance of the banks’ capital sufficiency, asset management policy (including liquidity) and profitability varies during the whole period. The impact of these indicators on ratings is higher during the periods following and (especially) previous to financial crises than in time of relative financial stability between crises when they have smaller impact on a rating; (3) financial policy pursued by the bank management can lead to the changes in its rating, at least for some agencies. However the same methods directed on the improvement of financial indicators will lead to the different results for different ratings’ changes. The specific efforts of management will appear more productive for increase of a rating of one agency, others will be less inclined to react to changes of financial performance of banks. The adequacy of obtained results is shown by means of juxtaposing with findings of other domestic and foreign authors.
The article deals with the legal institute of disclose of information on securities market from protection of investor’s rights point of view.
The article discusses a new Institute for Russian representative of bondholders (analogue of trustee). Analysis of legal relations arising between the representative of bondholders and the bondholders, as well as between the representative of bondholders and the issuer shows a serious conflict of interests.
The author analyzes new regulation of anti-corruption compliance under Russian law and application of these norms in Russian companies. He also gives general overview of main obligations of companies, requirements for the development of the Code of business ethics, Anti - corruption policy, main anti – corruption standards and procedures, the system of risk – assessment and identification of suspicious transactions. Obligations of companies under anti – money laundering law and under anti – corruption law are also analyzed in the article. Special attention is paid on administrative liability of companies.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.