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Legal Studies
Reference:

The Central Bank of the Russian Federation and human rights in Russia

Vinokurov Vladimir Anatol'evich

ORCID: 0000-0003-0002-3010

Doctor of Law

Professor of the Department of Theory and History of State and Law of Saint Petersburg University of the State Fire Service of the Ministry of Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters named after Hero of the Russian Federation Army General E.N. Zinichev

196105, Russia, Saint Petersburg, Saint Petersburg, Moskovsky ave., 149

V.Vinokurov.JD@gmail.com
Other publications by this author
 

 

DOI:

10.25136/2409-7136.2023.6.40960

EDN:

FDRGOQ

Received:

09-06-2023


Published:

20-06-2023


Abstract: In the article, based on the norms of the Constitution of the Russian Federation and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the legal position of the Bank of Russia is considered and the author's definition of this organization formed by the state is proposed. As a result of the analysis of these regulatory legal acts, it was established that the acts of the Bank of Russia restricting the rights and freedoms of a person and citizen in the Russian Federation regarding the use of their property are issued in violation of constitutional norms and the norms of the federal law regulating its activities. It is revealed that in the Russian Federation there is no state body that monitors (supervises) the observance by the Central Bank of the Russian Federation of human and civil rights and freedoms. In conclusion, in order to correct the current situation, which allows the Bank of Russia to make decisions that illegally restrict the rights and freedoms of a person and citizen in the Russian Federation, proposals for changing the legislation are formulated. The novelty of the presented research consists in an attempt to determine the organizational and legal form of the Central Bank of the Russian Federation, based on legislative norms that are not taken into account by other authors, as well as to determine the legality of decisions taken by the Bank of Russia that restrict the rights and freedoms of man and citizen in the Russian Federation


Keywords:

Constitution of the Russian Federation, human rights, private property rights, restriction of rights, Bank of Russia, state body, state organization, monetary funds, information letter, control and supervision

This article is automatically translated.

The Central Bank of the Russian Federation (the Bank of Russia) is a very prominent structure in our country, endowed with serious state powers. Based on the norms of the Constitution of the Russian Federation and federal laws, we will try to figure out what kind of organization it is.

 

Simultaneously with the identification of the status of the Bank of Russia, the question of the legal possibility of the Central Bank of the Russian Federation by its decisions to establish any prohibitions and restrictions on human and civil rights and freedoms in the Russian Federation is of interest, for which an analysis of legislation in this part has been carried out through the prism of constitutional norms.

1. The Constitution of the Russian Federation (hereinafter also – the Basic Law of the State, the Basic Law of the Country) contains references to the Central Bank of the Russian Federation in the following context:

– the money issue is carried out exclusively by the Central Bank of the Russian Federation;

– protection and ensuring the stability of the ruble is the main function of the Central Bank of the Russian Federation, which it performs independently of other state authorities;

– The President of the Russian Federation submits to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; puts before the State Duma the question of dismissal of the Chairman of the Central Bank of the Russian Federation;

– the State Duma is responsible for the appointment and dismissal of the Chairman of the Central Bank of the Russian Federation; hearing the annual reports of the Central Bank of the Russian Federation [1, Articles 75, 83, 103].

The existence of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" [2] is due to the constitutional norm, according to which federal laws should be adopted on matters of jurisdiction of the Russian Federation, which also include federal banks [1, Articles 71, 76].

The Federal Law states that the status, objectives, functions and powers of the Central Bank of the Russian Federation are determined by: 1) The Constitution of the Russian Federation; 2) the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"; 3) other federal laws [2, Article 1].

As for the constitutional norms, as we see, neither the status, nor the objectives of the activities, nor the functions of the Bank of Russia are defined in the Basic Law of the state; only two powers are established: 1) monetary issue and 2) protection and ensuring the stability of the ruble.

Of the "other federal laws", only the Federal Law "On Insolvency (Bankruptcy)" can be distinguished, which defines additional functions of the Bank of Russia to the main ones carried out by it during the bankruptcy procedure of legal entities or individuals [3].

The Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" does not define the status of the Bank of Russia, fixing only that this organization "performs independently of other federal state authorities, state authorities of the subjects of the Russian Federation and local self-government bodies" and "is a legal entity". The aforementioned Federal Law establishes the objectives of the Bank of Russia and its functions [2, Articles 3, Article 4].

The presence of the phrase "independently of other bodies" in the specified Federal Law allowed some authors to assume that the Bank of Russia is a public authority [4, pp. 28-31; 5, pp. 12-13; 6, p. 45]. At the same time, some researchers, in our opinion, unreasonably appeal to the ruling of the Constitutional Court of the Russian Federation No. 268-O of December 14, 2000 at the request of the Supreme Court of the Russian Federation on checking the constitutionality of Part three of Article 75 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" [7], which only confirms its powers of the Bank of Russia, established by the said Federal Law.

At the same time, a number of scientists adhere to the position that the Central Bank of the Russian Federation is not a state authority [8, pp. 548-552; 9, pp. 56-62]. In addition to the arguments supporting these conclusions, we believe that the Bank of Russia really cannot relate to federal state authorities, as well as to other federal state bodies. The proof of the validity of this conclusion is the norms of the Federal Law "On the Civil Service System of the Russian Federation", according to which these bodies meet this status only if they are funded from the federal budget, and their staff consists of federal civil servants [10, Article 18, Article 10]

As it is known, employees of the Bank of Russia do not belong to the category of civil servants [2, Article 90], their maintenance, pension provision, life insurance and medical insurance, as well as capital investments and other administrative and economic needs are carried out by the Central Bank of the Russian Federation at its own expense [2, Article 13, Article 18].

Thus, taking into account the legal status of the Bank of Russia, which includes a set of functions inherent in state authorities, state institutions, and even state-owned enterprises [11, p. 18], it is possible to define the Central Bank of the Russian Federation as a state organization, that is, an organization created by the state, with a special status providing for its right to exercise authority on behalf of the state powers in the field of monetary emission, protection and ensuring the stability of the ruble.

In order to legislate the legal status of the Bank of Russia as a special type of state organization, it is proposed to include in the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" the definition of this structure, adding a new part of the second part of the following content to Article 1:

 

"The Bank of Russia is an organization created by the Russian Federation (a state organization), endowed with a special status providing for its right to exercise authority on behalf of the state in the field of monetary issuance, protection and ensuring the stability of the ruble.".

2. Let us turn to the norm of the Constitution of the Russian Federation, which provides for the possibility of restricting the rights and freedoms of man and citizen, from which it is clear that this is possible, but only by federal law and only to the extent necessary for the purposes of: 1) protection of the foundations of the constitutional system; 2) protection of morality, health, rights and legitimate interests of other persons; 3) ensuring the defense of the country and the security of the state [1, part 3 of Article 55].

The functions of the Central Bank of the Russian Federation indicated at the beginning of the article are contained in Chapter 3 of the Basic Law of the country, referred to as the "Federal Structure", that is, they do not relate to the foundations of the constitutional system set out in Chapter 1 of the Constitution of the Russian Federation, and also do not solve issues of protecting morality, health, rights and legitimate interests of others. In terms of the country's defense, the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" provides only for the presence of field institutions of the Bank of Russia intended "for banking services of military units, institutions and organizations of the Ministry of Defense of the Russian Federation, other state bodies and legal entities ensuring the security of the Russian Federation, as well as individuals living on territories of facilities serviced by field institutions of the Bank of Russia, in cases where the creation and functioning of territorial institutions of the Bank of Russia is impossible" [2, p. 86]. With regard to state security issues, the said Federal Law obliges the Bank of Russia only to coordinate with the federal executive authority authorized in the field of security, mandatory requirements for credit institutions in the field of information protection [2, Articles 574, 764-1, 769-7].

At the same time, this Federal Law provides for the right of the Board of Directors of the Bank of Russia to make decisions on direct quantitative restrictions, which are understood as "setting limits on refinancing of credit institutions and conducting certain banking operations by credit institutions" [2, Articles 18, Article 43], which means "restriction of the rights of banking and credit institutions to obtain loans from the Bank of Russia as part of their refinancing, as well as restrictions on certain banking transactions" [12], moreover, as stated in the Federal Law we are investigating, such restrictions are possible "in exceptional cases for the purpose of conducting a unified state monetary policy only after consultations with the Government of the Russian Federation" [2, Article 43].

It is interesting to note that the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", on the one hand, prohibits the Bank of Russia "to establish, directly or indirectly, restrictions not provided for by federal laws on transactions by customers of credit institutions", and on the other hand, grants it the right to establish "rules for cash settlements, including cash restrictions settlements between legal entities, as well as settlements with the participation of citizens related to their entrepreneurial activities" [2, Article 58, Article 823].

As we can see, formally and legally, the Bank of Russia does not have the right to impose restrictions on individuals in any cases, including with respect to property owned. We assume that the limits on "the conduct of certain banking operations by credit institutions" may conceal restrictions imposed on individuals through the requirements established by the Bank of Russia for credit institutions. However, scientists, commenting on this norm, believe that in this case we are talking about restrictions "on the volume of funds raised or, on the contrary, on the volume of loans issued or on the amount of interest on loans or deposits" [13, p. 149]. And at the same time, they note that in any case, the right of the Bank of Russia to apply direct quantitative restrictions can be implemented only if "the following conditions are met, firstly, they should apply equally to all credit institutions; secondly, they can be applied only in exceptional cases in order to conduct a unified state monetary policy and, Thirdly, only after consultations with the Government of the Russian Federation" [14, p. 171].

At the same time, the Bank of Russia, without observing the conditions established by law, independently introduced and then extended the restriction on the issuance of funds from foreign currency deposits or accounts of citizens [15; 16]. Moreover, this was done by informational letters that were not registered in accordance with the procedure established for the state registration of regulatory legal acts of federal executive authorities, as prescribed by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" for regulatory acts of this body [2, Article 7], simultaneously violating the ban on the publication of regulatory legal acts acts in the form of letters, orders and telegrams [17]. These information reports do not mention that any exceptional case has occurred, nor that consultations have been held with the Government of the Russian Federation on this matter.

The above means that the restrictions imposed by the Bank of Russia on the withdrawal by citizens, foreign citizens and stateless persons of cash currency belonging to them from accounts opened in accordance with the established procedure in commercial banks have come into conflict with both the constitutional norm and the norms of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". In our opinion, letters (messages, notices, etc.) that unreasonably restrict the rights and freedoms of citizens should be canceled or properly executed.

Since the Central Bank of the Russian Federation is accountable to the State Duma, it is this chamber of the Parliament of the Russian Federation that should exercise control powers over the Bank of Russia [2, Article 5]. However, this Federal Law does not establish any forms or types of control by the State Duma over regulatory legal acts issued by the Bank of Russia, including in terms of compliance by this body with human and civil rights and freedoms in the Russian Federation. The possibility of exercising this control is also not provided for in Chapter 21 of the Regulations of the State Duma, which fixes the procedure for considering issues related to the relationship between the State Duma and the Central Bank of the Russian Federation [18].

Interestingly, the Bank of Russia is not included in the number of organizations in respect of which prosecutorial supervision is carried out [19]. Only the Accounts Chamber of the Russian Federation conducts a state audit (in this case, in the monetary sphere) and, exclusively by the decision of the State Duma, checks the financial and economic activities of the Central Bank of the Russian Federation [20, Article 15, Article 23]. In respect of acts of the Bank of Russia affecting the rights and freedoms of man and citizen, administrative control is not carried out by any of the state bodies of the Russian Federation. It is impossible to resolve the case in court according to the specified information letters of the Bank of Russia, since the Supreme Court of the Russian Federation considers as a court of first instance administrative cases on challenging regulatory legal acts and acts issued, including by the Central Bank of the Russian Federation, containing explanations of legislation and having regulatory properties [21, Article 2], to which information the messages of the Bank of Russia cannot be excluded.

There is an obvious presence in the country of a body formed by the state to solve monetary and financial issues established by the Constitution of the Russian Federation, without formally determining its status (based on the options provided for: a state body, a state institution, etc.), and not controlled by any of the existing state bodies in terms of the Bank of Russia's observance of human and civil rights and freedoms in Of the Russian Federation.

The existing legal position of the Central Bank of the Russian Federation allows its bodies to make decisions that violate the rights and freedoms of man and citizen, since these rights are restricted without determining the constitutional necessity of such restriction and even formalized in a form not provided for by law.

Thus, if the above conditions are met, established by the Constitution of the Russian Federation and the Federal Law "On the Central Bank (Bank of Russia)", the Bank of Russia has the right to issue regulatory legal acts restricting human and citizen rights in the Russian Federation in the field of monetary emission, protection and ensuring the stability of the ruble (in the financial and credit sphere), but in the forms provided for the issuance of regulatory legal acts by federal executive authorities. However, in order for the Bank of Russia not to violate Russian legislation in this part, it is proposed to oblige the Prosecutor General's Office of the Russian Federation to monitor the observance of human and civil rights and freedoms by the Central Bank of the Russian Federation, for which to supplement the third paragraph of paragraph 2 of Article 1 of the Federal Law "On the Prosecutor's Office of the Russian Federation" after the words "federal executive authorities," with the words "by the Central Bank of the Russian Federation,".

Conclusions. The proposals made will make it possible to consolidate the special status of the Central Bank of the Russian Federation in the federal law regulating its activities; to establish prosecutorial supervision over the activities of the Bank of Russia in terms of compliance with the constitutional rights and freedoms of man and citizen in the Russian Federation, thus eliminating the possibility of violation of these rights and freedoms. 

References
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993). Official Internet portal of Legal Information (www.pravo.gov.ru ). 2022, October 6. No. 0001202210060013.
2. Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" (adopted by the State Duma on June 27, 2002, signed by the President of the Russian Federation on July 10, 2002 No. 86-FZ). Collection of Legislation of the Russian Federation. 2002. No. 28. St. 2790.
3. Federal Law "On Insolvency (Bankruptcy)" (adopted by the State Duma on September 27, 2002, approved by the Federation Council on October 16, 2002, signed by the President of the Russian Federation on October 26, 2002 No. 127-FZ). Collection of Legislation of the Russian Federation. 2002. No. 43. St. 4190.
4. Avakian S.A. (2000). On the constitutional foundations of the status of the Bank of Russia. Constitutional and legal status of the Central Bank of the Russian Federation / Ed., comp. P.D. Barenboim. – M.: Law House "Justicinform".
5. Tosunyan G.A., & Vikulin A.Yu. (2013). Article–by–article commentary on the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". Moscow: Delo.
6. Taraban N.A. (2017). The Central Bank of the Russian Federation (Bank of Russia) in the system of state authorities: constitutional and legal foundations of organization and activity. Financial law, 6, 44 47.
7. Ruling of the Constitutional Court of the Russian Federation No. 268-O dated December 14, 2000 at the request of the Supreme Court of the Russian Federation on the verification of the constitutionality of Part three of Article 75 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". (2001). Bulletin of the Constitutional Court of the Russian Federation, 2.
8. Shakhray S.M. (2017). Constitutional law of the Russian Federation: textbook for academic undergraduate and graduate studies. 4th ed., ed. and add. Moscow: Statute.
9. Pastushenko E.N. (2020). The legal position of the Central Bank of the Russian Federation (Chapter 3) // Banking law: textbook / ed. by E.V. Pokachalova, E.N. Pastushenko. Moscow: Direct-Media.
10. Federal Law "On the Civil Service System of the Russian Federation" (adopted by the State Duma on April 25, 2003, Approved by the Federation Council on May 14, 2003, signed by the President of the Russian Federation on May 27, 2003 No. 58-FZ). Collection of Legislation of the Russian Federation, 22. St. 2063.
11. Malykhina E.A. (2021). Legal regulation of relations in the sphere of procurement of goods, works, services by the Central Bank of the Russian Federation (Bank of Russia). Financial law, 2, 17-20.
12. Shapovalov M.A., Nikiforova S.T., & Slesarev S.A. (2016). Commentary to the Federal Law of July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (article by article) // Legal reference system "ConsultantPlus".
13. Arzumanova L.L., Artemov N.M., Boltinova O.V. (2016). Actual problems of financial law: monograph. Ed. E.Y. Grachev. Moscow: NORM, INFRA-M.
14. Rozhdestvenskaya T.E., & Guznov A.G. (2016). Public banking law: textbook for masters. Moscow: Prospect.
15. The Bank of Russia introduces a temporary procedure for operations with cash (information from the Central Bank of the Russian Federation dated March 9, 2022). The document was not published. Access from the SPS "ConsultantPlus".
16. The Bank of Russia extended for another six months, until September 9, 2023, restrictions on the withdrawal of foreign currency in cash (information from the Central Bank of the Russian Federation dated March 6, 2023) [Electronic resource]. Retrieved from https://cbr.ru/press/event/?id=14596
17. Rules for the preparation of regulatory legal acts of federal executive authorities and their state registration, approved by Decree of the Government of the Russian Federation No. 1009 of August 13, 1997. Collection of Legislation of the Russian Federation. 1997. No. 33. St. 3895.
18. Regulations of the State Duma of the Federal Assembly of the Russian Federation, adopted by Resolution of the State Duma of January 22, 1998 No. 2134-II of the State Duma. Collection of Legislation of the Russian Federation. 1998. No. 7. Article 801.
19. Federal Law "On the Prosecutor's Office of the Russian Federation" (as amended by the Federal Law adopted by the State Duma on October 18, 1995, signed by the President of the Russian Federation on November 17, 1995 No. 168-FZ). Collection of Legislation of the Russian Federation. 1995. No. 47. St. 4472
20. Federal Law "On the Accounts Chamber of the Russian Federation" (adopted by the State Duma on March 22, 2013, approved by the Federation Council on March 27, 2013, signed by the President of the Russian Federation on April 5, 2013 No. 41-FZ). Collection of Legislation of the Russian Federation. 2013. No. 14. St. 1649.
21. Federal Constitutional Law "On the Supreme Court of the Russian Federation" (approved by the State Duma on January 24, 2014, approved by the Federation Council on January 29, 2014, signed by the President of the Russian Federation on February 5, 2014 No. 3-FKZ). Collection of Legislation of the Russian Federation. 2014. No. 6. St. 550

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

for the article The Central Bank of the Russian Federation and human Rights in Russia, the title partly corresponds to the content of the article materials. The title of the article conditionally looks at the scientific problem, which the author's research is aimed at solving. The reviewed article is of relative scientific interest. The author did not explain the choice of the research topic and did not justify its relevance. The article does not formulate the purpose of the study, does not specify the object and subject of the study, the methods used by the author. In the reviewer's opinion, the main elements of the "program" of the study were not fully thought out by the author, which affected its results. The author did not present the results of the analysis of the historiography of the problem and did not formulate the novelty of the undertaken research, which is a significant drawback of the article. In presenting the material, the author demonstrated the results of the analysis of the historiography of the problem in the form of links to relevant works on the research topic. There is no appeal to opponents in the article. The author did not explain the choice and did not characterize the range of sources involved in the disclosure of the topic. In the opinion of the reviewer, the author sought to use the sources competently, to maintain the scientific style of presentation, to use the methods of scientific knowledge competently, to observe the principles of logic, systematicity and consistency of the presentation of the material. As an introduction, the author suddenly listed references to the Central Bank of the Russian Federation in the Constitution, stating that "neither the status, nor the objectives of the activities, nor the functions of the Bank of Russia" are defined in the Constitution. The author drew attention to the fact that the federal law "On the Central Bank of the Russian Federation (Bank of Russia)" also does not define the status of the Bank of Russia, mentioned that the federal law "On Insolvency (Bankruptcy)" defines "additional to the main functions of the Bank of Russia". The author further reported that there is a discussion in the scientific literature about whether the Bank of Russia is a state authority, concluding that "the Bank of Russia is neither a state authority nor any other state body." (The author formulated this idea unsuccessfully: ""The Bank of Russia is neither a state authority nor any other state body that does not belong to state authorities," etc.). The author sought to substantiate his idea by listing some of the features inherent in state bodies. The author unexpectedly moved on to the story about the risks that exist for the rights of citizens, recalling that according to the Constitution of the Russian Federation, restrictions on human and civil rights and freedoms are allowed solely on the basis of federal law, and explaining, referring to the norms of the Constitution, that "formally and legally, the Bank of Russia does not have the right to establish restrictions for individuals in in any case, including in relation to property that is owned." Then the author described a situation when "the Bank of Russia, without observing the conditions established by law, independently introduced and then extended the restriction on the issuance of funds from foreign currency deposits or accounts of citizens. The author concluded that "the restrictions established by the Bank of Russia on the withdrawal by citizens, foreign citizens and stateless persons of their cash currency from accounts opened in accordance with the established procedure in commercial banks contradicted both the constitutional norm and the norms of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". The author further reported that the Bank of Russia is not accountable to the State Duma and "is not included in the number of organizations subject to prosecutorial supervision," stating that "there is a body in the country formed by the state to resolve monetary and financial issues established by the Constitution of the Russian Federation, without formally determining its status." There are typos in the article, such as: "the restrictions established by the Bank of Russia ... have come into conflict," etc. The conclusions do not allow us to evaluate the scientific achievements of the author within the framework of his research. The conclusions do not reflect the results of the research conducted by the author in full. In the final paragraphs of the article, the author formulated proposals to amend the federal laws "On the Central Bank of the Russian Federation (Bank of Russia)" and "On the Prosecutor's Office of the Russian Federation", believing that these proposals "will eliminate the possibility of violation by the Central Bank of the Russian Federation of human and civil rights and freedoms in the Russian Federation." In the reviewer's opinion, the potential purpose of the study has been partially achieved by the author. The publication may arouse the interest of the magazine's audience. The article needs to be finalized, first of all, in terms of formulating the key elements of the research program and their corresponding conclusions.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the research in the article submitted for review is, as its name implies, the Central Bank of the Russian Federation and human rights in Russia. In fact, the title of the work is formulated too broadly. The title of the work should be specified taking into account the focus of the research - in fact, the author is trying to identify the legal nature of the Central Bank of Russia and determine the boundaries of its possible impact on human and civil rights and freedoms. The methodology of the research is not disclosed in the text of the article, but it is obvious that the author used universal dialectical, logical, formal-legal, hermeneutic research methods. The relevance of the research topic chosen by the author is justified by him as follows: "The Central Bank of the Russian Federation (Bank of Russia) is a very prominent structure in our country, endowed with serious state powers. Based on the norms of the Constitution of the Russian Federation and federal laws, we will try to figure out what kind of organization this is. Simultaneously with the identification of the status of the Bank of Russia, the issue of the legal possibility of the Central Bank of the Russian Federation to establish any prohibitions and restrictions on human and civil rights and freedoms in the Russian Federation is of interest, for which an analysis of legislation in this part has been carried out through the prism of constitutional norms." Additionally, the scientist needs to list the names of the leading experts who have been engaged in the study of the problems raised in the article, as well as reveal the degree of their study. The article does not explicitly say what the scientific novelty of the work is. In fact, it manifests itself in a number of conclusions, arguments and suggestions of the author ("... we believe that the Bank of Russia really cannot relate to federal government bodies, as well as to other federal government bodies"; "... it is possible to define the Central Bank of the Russian Federation as a state organization, that is, an organization created by the state, with a special status providing for his right to exercise authority on behalf of the state in the field of monetary issuance, protection and ensuring the stability of the ruble. In order to legislatively consolidate the legal position of the Bank of Russia as a special type of state organization, it is proposed to include in the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" the definition of this structure, supplementing Article 1 with a new second part as follows: "The Bank of Russia is an organization created by the Russian Federation (state organization) endowed with a special status, providing for his right to exercise authority on behalf of the state in the field of monetary issuance, protection and ensuring the stability of the ruble"; "... restrictions established by the Bank of Russia on the withdrawal by citizens, foreign citizens and stateless persons of their cash currency from accounts opened in accordance with the established procedure in commercial banks have come into conflict with both the constitutional norm and and with the norms of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". In our opinion, letters (messages, notices, etc.) that unreasonably restrict the rights and freedoms of citizens should be canceled or properly executed"; "... it is proposed to oblige the Prosecutor General's Office of the Russian Federation to supervise the observance of human and civil rights and freedoms by the Central Bank of the Russian Federation, for which to supplement the third paragraph of paragraph 2 of the article 1 of the Federal Law "On the Prosecutor's Office of the Russian Federation" after the words "federal executive authorities," with the words "Central Bank of the Russian Federation,".). Thus, the recommendations of the scientist on improving the current Russian legislation deserve the attention of the readership. Of course, the article makes a certain contribution to the development of domestic legal science. The scientific style of the research is fully sustained by the author. The structure of the work is quite logical. In the introductory part of the article, the author substantiates the relevance of his chosen research topic. In the main part of the work, the scientist analyzes the regulatory framework for the existence and functioning of the Central Bank of the Russian Federation, determines its legal nature, analyzes the bank's capabilities regarding the restriction of human and civil rights and freedoms, and, giving appropriate examples, makes recommendations on preventing violations by the Central Bank of such. The final part of the article contains conclusions based on the results of the study. The content of the article, as already noted, is actually already its title. Otherwise, it does not cause any particular complaints. The bibliography of the study is presented by 21 sources (the Basic Law, normative legal acts, commentaries, textbooks, monographs, scientific articles, analytical data, explanations of the highest judicial instance). From a formal and factual point of view, this is quite enough. The nature and number of sources used in writing the article allowed the author to reveal the research topic with the necessary depth and completeness. The work was done at a fairly high academic level. There is an appeal to opponents, both general and private (S. A. Avakian, G. A. Tosunyan, N. A. Taraban, etc.), and it is quite sufficient. The scientific discussion is conducted by the author correctly. The provisions of the work are reasoned to the necessary extent and illustrated with examples. Conclusions based on the results of the conducted research are available ("The proposals made will allow to consolidate the special status of the Central Bank of the Russian Federation in the federal law regulating its activities; to establish prosecutorial supervision over the activities of the Bank of Russia in terms of respect for the constitutional rights and freedoms of man and citizen in the Russian Federation, thus eliminating the possibility of violation of these rights and freedoms") and deserve the attention of the readership, however, they need to be specified. The final part of the article should reflect in detail all the scientific achievements of the author, which are the result of his research. The article needs additional proofreading. There are typos in it. The interest of the readership in the article submitted for review can be shown by specialists in the field of constitutional law, administrative law, financial law, provided that it is slightly improved: clarifying the title of the work, disclosing the research methodology, additional justification for the relevance of the research topic chosen by the author, specifying the conclusions in the final part of the work, eliminating violations in the design of the article.