Механизм защиты прав добросовестных вкладчиков: современное состояние и перспективы совершенствования
Abstract. The use of offbalance sheet deposit schemes by Russian banks has led to the emergence of a mechanism in civil law to protect the rights of bona fide depositors. The mechanism that provides that a refund of the deposit in the absence of information about it in the bank accounting system, performs an important social function to protect the weak side of the bank deposit agreement, i.e. the person. However, judicial practice today demonstrates the vulnerability of the mechanism of
protecting the rights of offbalance sheet depositors — due to its internal shortcomings — which lead to negative consequences, including the possibility of using this mechanism to commit offenses in the banking sector.
The purpose of the article is to study the risks that accompany the application of measures to protect the rights and legitimate interests of bona fide depositors, to identify ways to overcome them, including foreign experience in this area.
To achieve the necessary theoretical result, the article uses such general scientific methods as analysis, induction and deduction; the composition of private scientific methods includes comparative analysis and a systematic approach to the study of the problem.
In order to solve the problem of offbalance deposits it is necessary to unify in law the requirements for documents confirming the fact of depositing a sum of money to the bank, while establishing an exhaustive list of them and excluding the discretion of the parties. It is also necessary to transfer the function of determining the list and their form to the Bank of Russia, which should ensure uniformity of legal regulation in the field of bank deposits and the possibility of rapid introduction of new technologies — including electronic ones — in this area.