Korzun S.Yu. Banking system: concept and general characteristics

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic realities. The author carries out theoretical and legal analysis of the concepts of bank and the Central Bank from the position of administrative-legal regulation of banking in Russia. The article presents the author's positions on the concept and functions of the Central Bank. The main attention is paid to the development of methods of administrative and legal impact on the entities involved in banking. In addition, the article presents theoretical and legal analysis of functions of the banking system as a form of administration of banking operations by the Bank of Russia. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis of the article comprises recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), as well as the methods used in special sociological researches (statistical methods, expert evaluations, etc.).The author concludes that recently, in order to provide legality in the banking system, it is necessary to improve forms and methods of administrative-legal impact on commercial banks and other lending agencies on the part of the Central Bank of the Russian Federation. The main contribution of the author is the conclusion about the need for development of banking law in its public component. The novelty of the article consists in the proposals for the development of forms of regulatory activity by the Bank of Russia and the establishment of legal and institutional guarantees of legality in the banking system of our country.

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