Erpyleva, N.Y. International check law and Russian legislation: main categories and mechanisms of regulation of check relations

Abstract: The article concerns the issues regarding the basic categories and mechanisms of regulation of check relations by the norms of international check law and Russian legislation. Check is a document providing for an unconditional order by the check issuer to a bank to make a payment in the amount stated in a check to a check-holder. The most significant characteristic features of the legal nature of a check is its qualification in the Russian law as a security, which may be followed throughout the process of development of legal regulation of this legal instrument. The author provides for a detailed study of legal nature, form and types of checks, also providing detailed studies of the key types of check relations, such as endorsement, payment and avalization of checks, as well as scrupulous analysis of the procedural legal consequences of non-payment on checks and means of protection of check requests. In the article with the use of comparative method the author provides detailed analysis of norms and mechanisms of legal regulation of check relations, as provided by the Geneva Cheque Conventions and by the Russian legislation, other laws and bylaws. The analysis of norms of the Russian legislation allowed the author to state that the check is a classic security, having all the universal characteristics, as well as fragmentary characteristics. Check is recognized as a security by the law (the Civil Code of the Russian Federation), proving its legitimacy, and being a security it proves subjective civil proprietary rights, namely, the right of a holder of a check to get a check sum in the bank where the check is drawn. The check is a documentary security (it has documentary and formal characteristics), and it is a document issued in accordance with legal requirements and proving the obligations and other rights, which may be implemented or transferred upon presentation of such documents. Based upon the above-mentioned comparative legal study the author makes a conclusion that Russia should join the Geneva Cheque Conventions and introduce significant changes in to the current Russian legislation on checks.

Keywords: