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Regular version of the site

Article

Юридические факты в правовом механизме межбанковских расчетов

Вопросы правоведения. 2014. № 3. С. 251-273.
Сиземова О. Б.

based on the analysis of the approaches to the concept and features of legal facts the author defines their specificity and importance in the mechanism of legal regulation of banking and interbank settlements. In particular, the author proves the conclusion that there are signs of systematic nature in the aggregate of factual circumstances that have legal value. The system is organized in a strict hierarchy, has a specific sequence of accumulation and special ties among the circumstances that gives legal facts the ability to influence achieving goals, which have economic and legal significance. Moreover, the author shows that the so-called estimated legal facts are inevitably present in the system, which indicates entrepreneurial, financial and economic character of the regulated relations, defining the nature, construction and movement of the legal mechanism at all stages. Further, based on the classification of legal facts on the grounds of volition, the significance of actions and events in the mechanism of legal regulation of interbank settlement is shown. For this purpose there is an analysis of the facts of reduced liquidity of credit institutions, revocation of their license (permission) of the Bank of Russia for banking operations, financial and banking crises and other factual circumstances, which have legal consequences in the banking sector. In general, the author observed that at each stage of the mechanism of legal regulation legal facts have their own features. And finally, the author investigated the value of the legal facts at the first stage of the legal mechanism of interbank settlement – the stage of formation of the means of a normative character. In this connection, the value of the ‘Soft Law’ in the mechanism of legal regulation of interbank settle-ments is shown, the norms of which are included in the Principles of the Basel Committee on the Banking Supervise, documents of the Committee on Payment and Settlement Systems of the Bank for International Settlements, model laws, standards, recommendations of associations and unions of credit institutions and payment systems. The author shows the importance and feasibility of this approach at the modern stage of the world social development, characterized by intensifica-tion of globalization processes and permanent financial crises.