Litovko A.S. —
Supervision of the Bank of Russia over unfair practices in the field of consumer protection of financial services
// Legal Studies. – 2023. – ¹ 5.
– P. 1 - 11.
DOI: 10.25136/2409-7136.2023.5.40733
URL: https://en.e-notabene.ru/lr/article_40733.html
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Abstract: The article is an analysis of the work of the Bank of Russia in the field of determining unfair behavior patterns in the financial market. The author examines the positions of the Bank of Russia and researchers on the identified signs of unfair actions in the behavior of financial market entities, and analyzes them. The article also examines the existing problems in this area and suggests ways to solve them. The research is relevant and can be useful for professionals in the field of financial regulation and for anyone interested in the security and stability of the financial market. In the article "Definition of unfair practices in the framework of the supervision of the Bank of Russia over the behavior of financial market entities." an analysis of opinions on the establishment of signs of unfair activity in the financial market was also carried out. The scientific novelty of the article lies in the fact that the authors conduct research and analysis of existing practices and scientific opinions on the signs of unfair practices that violate the rights of consumers of financial services. They pay attention to the problems associated with unfair practices. The authors propose a definition of unfair practices in the financial market. The authors analyze the signs of unfair behavior of financial market participants and offer new ideas and recommendations for effective detection and prevention of unfair practices. Their research contributes to the development of the field of consumer protection of financial services and can become the basis for further research and practical measures in this area.
Litovko A.S. —
The Concept and Essence of Behavioral Supervision of the Central Bank of the Russian Federation.
// Legal Studies. – 2023. – ¹ 2.
– P. 25 - 35.
DOI: 10.25136/2409-7136.2023.2.39735
URL: https://en.e-notabene.ru/lr/article_39735.html
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Abstract: The subject of the study are the norms of Russian and foreign financial legislation and other sources of law regulating the activities of the Central Bank of the Russian Federation on supervision of the behavior of participants in the financial market of the Russian Federation. The object of the study is the social relations arising in the implementation of behavioral supervision of the Central Bank of the Russian Federation.
The author examines in detail such aspects of the topic as the concept and essence of behavioral supervision of the Central Bank of the Russian Federation. Particular attention is paid to the concepts of the phenomenon under study that have developed in practice and science during the period of supervision by the Central Bank of the Russian Federation for the detection of unfair practices in the financial market.
The novelty of the research lies in the fact that the author has considered in detail the concept and essence of one of the instruments of the Central Bank of the Russian Federation – "behavioral supervision". Behavioral supervision is a tool designed to identify and counter unfair practices in the sale of financial products and services, as well as other patterns of behavior of financial market entities that violate the rights and freedoms in the financial market. In a number of foreign countries, behavioral supervision has long found its place in the system of control and supervisory measures of the relevant state bodies. In Russia, behavioral supervision is a formative legal category, the legal consolidation of which is absent in legislation. Based on the analysis of foreign legislation and law enforcement practice of the Bank of Russia, the article formulates the concept of behavioral supervision and its essential features.