Формирование банковской стратегии с использованием методов имитационного моделирования в ситуации проблемной ссудной заложенности юридических лиц
In article the main attention is paid to presentation of the requirement about payment and the payment according to bank guarantees. Basic provisions of article are based on the analysis of the jurisprudence developing concerning providing obligations in Russia and the international practice. Thus it is emphasized that the appeal to payment happens very seldom, but possibility of receipt of payment has essential impact on security function.
Possibility of implementation of payment first of all is defined by actions of the beneficiary who has to process correctly the documents attached to payment. The payer in return analyzes their contents and considers a ratio of the contents of the provided and main obligation. It is one of key questions, implementation of payment according to the bank guarantee depends on the answer on which. The author as a result of research of the Russian jurisprudence established that now there are two opposite tendencies. In public obligations bank guarantees become more and more independent of the provided obligation up to that some courts consider that bank guarantees in principle provide a certain type of the obligation of the principal, for example, customs payments for a certain period without binding to the concrete contract. In private-law obligations jurisprudence develops exactly the opposite: judge very rigidly demand a binding of guarantee certificates to the provided legal relationship. But anyway possibility of payment is defined by the correct link to the provided obligation.
Further such elements, significant for payment, as a form of presentation of the requirement, a place and terms of presentation of the requirement about payment, the refusal bases in payment, etc. are analyzed. Among the circumstances influencing payment according to the bank guarantee such parameters as legal status of the subject which imposed requirement and registration of powers of the corresponding person. In article cases when during guarantee period such status changed are analyzed, and powers of the person are defined incorrectly. Besides implementation of payment depends on the volume of the documents confirming violation of the obligation by the debtor. The circle of the analyzed problems included also payment ban questions, etc.
The author deals with the issues of the variety, systematization and evolution of definitions concerning different forms of taxation and obligations (census, tribute, corvée etc.) in early medieval Europe. Author pays his special interest to late ancient and early medieval legal sources (known as leges barbarorum) as well as to some historical sources (namely The History of the Franks written by Gregory of Tours and Chronicles of Fredegar), Frankish legal formulas of the 6th-8th centuries, Carolingian capitularies and polyptychs of the 9th century. The evidence of the imperial landsurveys of the 4th and 5th centuries confirms universal character of taxation (census and tributum) in late Roman Gaul and Spain. The revival of this tradition attempted by Frankish kings Chlothar I and Childebert II wasn’t such successful as in Visigothic Spain in the 6th century but prevented the total destruction of the system of taxation of Roman and Germanic population before the end of the 7th century. Nevertheless the simplification of rural economy and the growth of monastic estates as well as royal and private land possessions in Western Europe in the 8th and early 9th centuries led to the diminution of freedom and peasant tenures and to the increase of number of their payments and obligations (e.g. most of formerly payable taxes were replaced with food supply, personal services and corvée).
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.