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Regular version of the site

Article

Банковская тайна: смена парадигмы или дисбаланс интересов?

Олейник О. М., Максимова С. А.

Writing this article is concerned with the fact that the court decided that a public prosecutor’s office has a right to claim information which is regarded as a banking secrecy. The authors pay attention to the change in balance of interests concerning banking secrecy in Russia and all over the world. The authors stipulate that public interests are dominating nowadays, as a result of which the regime of banking secrecy has become more vulnerable. In authors’ opinion, such a regime should protect both public and private interests equally, and the list of persons having right to pierce banking secrecy cannot be unlimited. Basing on the highest courts’ jurisprudence analysis, the authors came to the conclusion that a public prosecutor’s office should have no right on disclosure of banking secrecy. The authors also suggest that owners of banking secrecy should have a right on compensation of harm related to illegal distribution of banking secrecy; however, the authors’ forecasts are quite pessimistic.