In the actual work an analysis of the bank loans legal regulation and its enforcement practices has been done, and a conclusion about the “returning” of the Central Bank of Russian Federation as a regulator under the conditions of competition decrease in banking and practical inability to build such relations in a self-regulation regimen has been made.
This article is devoted to the study of legal framework of the Chinese International Payment System (CIPS), in particular the article discusses the main provisions of the CIPS internal rules covering cross-border payments in RMB and accession to the payment system by foreign participants, including Russian participants. The author, taking into account the Russian legislation in force, analyzes the possibility of integrating the payment infrastructure of the Russian Federation and the People's Republic of China, in order to de-dollarize mutual settlements and switch to payments in national currencies.
The author analyses the contemporary payment legislation, reveals the legal means of the mechanism of legal regulation of interbank settlements, gives the classification thereof, determines the essence of the payment system as a standard legal means.
The article analyzes the newly adopted syndicated loan act, draws some conclusions on the legal agent`s legal status nature, setting criteria of its reliability under the conditions of an increase in the membership of syndicated loan relations, as well as the need to clarify the limits of its responsibility in the course of monitoring the financial standing of the borrower, and the targeted use of credit.
In this article, I research chargeback as a concept of mandatory civil liability of banks and other financial institutions for delivery supplied by their clients. In particular, in case the purchase of goods or services with the use of services of financial organisations, the latter are responsible for delivery of booked goods or services, their relevant obligations are based on international payment systems imperative rules. Chargebacks only partially regulated by the national Russian legislation, however, can be applied according to the rules of international payment systems on a larger scale for cards payments in Russia and as well as for payments outside Russia by bank cards issued by the Russian banks.
This paper offers a solution to one of the aspects of the currently widely discussed problem of legal regulation of relations arising in the field of digital financial technologies. The authors enter into polemics with those researchers who belive that, in view of the cardinal novelty of the digital environment, it is necessary to completely abandon regulation by the legal norms of human relations in the field of digital financial technologies, that the concepts of "obligation", "transaction" disappear, and that "Code is Law".
The authors argue that since the computer program is written by a person, the law can and should regulate its behavior, but it should do so taking into account the legal features of the digital environment in which regulated relations arise.
For adequate legal regulation of public relations in the field of digital financial technologies, it is necessary to first define the terms and legal nature of the most important legal categories.
The paper presents the author`s approach to determining the legal nature of smart contracts. This article is directly related to the process of creating a digital economy in the Russian Federation.