What does the Russian Federation include? What does actual damage include according to the Civil Code of the Russian Federation?

If we look at the Russian Constitution, we will see several simple proposals there:

"The territory of the Russian Federation includes the territories of its constituent entities, inland waters and the territorial sea, the airspace above them."

"The Russian Federation has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in the manner determined by federal law and international law."

"Each subject of the federation has its own strictly certain territory. The borders of the subjects of the federation can only be changed in special order and with the consent of the population of both subjects of the federation."

If you take a look at political map world, you will find a huge territory in the northern hemisphere, painted in a warm color - Russia. The entire territory that this color fills, in reality on land marked by border pillars, the airspace above it (it is called national airspace) to the lower boundary of space, the subsoil below it - all this is the territory of Russia, movements through which foreign citizens, machinery and aircraft are regulated by relevant rules. Russia borders by land with 14 countries of the world, and by sea with 12, and the perimeter of its border is one and a half times longer than the equator.

But the territory of the Russian Federation also includes areas not marked on the map:

1. territorial waters - 12 nautical miles (22.2 km) from the coast, the coastline is determined by the line of maximum low tide, or, if the coast is indented, there are many islands located next to it - from a conventional straight line connecting the points that protrude into the sea as much as possible. If the width of the water surface between two states is less than 12 miles, the border runs through the middle of the water space, or is determined by an agreement between the countries.

2. Territory Russian embassies, consulates, military bases outside the country,

3. Russian territory air and sea ​​vessels walking and flying under the Russian flag.

Economically, the country’s territory is even wider - it includes the continental shelf, on which Russia has exclusive rights to the exploration and production of underground minerals, and an exclusive economic zone 200 nautical miles wide (370.4 km) in which Russia has exclusive rights to fishing, production of any biological resources, exploration, development and extraction of minerals, creation of artificial islands, scientific research.

Russia has maritime boundaries of exclusive economic zones in the Barents Sea, Chukchi, Bering, Okhotsk, Japan, Azov, Black and Baltic seas.

It should be noted that modern borders Russia, despite the fact that they are much narrower than historical maximums, still retain many contradictions: the Kuril Islands, the continental shelf in the Arctic Ocean, Crimea. In addition, Russia maintains a tendency to expand its territory. It should be noted that only lands within the decagon of Pereyaslavl-Khmelnitsky - Kursk - Ryazan - Murom - Rostov Veliky - Vologda - should be considered native Russian territories. Velikiy Novgorod– Pskov – Minsk – Vladimir-Volynsky, and the lands from which the history of Russia began – modern Central and Northwestern federal district. The remaining territories of Russia are actually internal colonies and periodically strive to leave its composition. Modern Constitution country protects the territorial integrity and sovereignty of Russia - that is, it prohibits the constituent entities of the federation from separating from its composition.

3. The territorial sea of ​​the Russian Federation is a sea belt adjacent to land territory or internal sea waters with a width of 12 nautical miles, measured from the baselines specified in Article 4 of this Federal Law. (Article 2 of the Federal Law of July 31, 1998 N 155-FZ

“On internal sea waters, territorial sea and contiguous zone of the Russian Federation”

) 5. on the Continental Shelf of the Russian Federation - includes the seabed and subsoil of underwater areas located outside territorial sea Russian Federation (hereinafter referred to as the territorial sea) throughout the natural continuation of its land territory to the outer boundary of the underwater edge of the continent.

Article 67 of the Constitution of the Russian Federation

The mobile state territory of the Russian Federation is ships, aircraft, space stations under the State Flag of the Russian Federation, on which the laws of the Russian Federation apply.

RF offshore cables on the high seas and RF pipelines may also be state territory. Mode state territory The Russian Federation is regulated only by federal laws and other federal legal acts, but not by legal acts of the constituent entities of the Russian Federation.

Article 67 of the Constitution of the Russian Federation

This approach is also reflected in Art. 1 Federal Law of the Russian Federation dated April 1, 1993 “On the State Border of the Russian Federation”, as amended. dated June 15, 2006 RG. 2006. December 31), according to which the state territory of the Russian Federation is formed by land, water, subsoil and airspace.

From the text of Part 1 of the commented article it follows that each subject of the Russian Federation named in Part.

1 tbsp. 65 of the Constitution, has its own territory.

Composition and territory of the Russian Federation

(2) Territory, region, city federal significance, autonomous region are state-territorial entities within the Russian Federation, possessing the same rights and bearing the same responsibilities state power, as the republics, with the exceptions established by the Constitution of the Russian Federation.

An autonomous district may be part of a republic, territory, or region.

(3) The legal status of the subjects of the Russian Federation cannot be changed without their consent.

State territory: concept, components

In determining the scope of state rights in relation to the shelf and economic zone The main role belongs to international law, not domestic law. The sovereignty of the state also extends to artificial islands, installations and structures located on the continental shelf and in the exclusive economic zone. An important part of the state territory and a source of natural resources are the subsoil located under the land and water territories, as well as the subsoil of the continental shelf.

2 tbsp. 67 of the Constitution of the Russian Federation.

has sovereign rights there and exercises jurisdiction in the manner determined by federal legislation and international legal norms.

The sovereignty of Russia extends to its entire integral and inviolable territory (Article 4 of the Constitution of the Russian Federation). The guarantor of the state integrity of the Russian Federation is the head of state - the President of the Russian Federation (Part.

2 tbsp. 80 of the Constitution of the Russian Federation).

State territory is separated from the territory of other states by a state border.

The state territory includes: - land: the mainland of the state with enclaves and islands; — internal waters; — territorial waters: coastal strip seas of a certain width; — subsoil within technical reach; and — airspace. The exclusive economic zone of the Russian Federation is a maritime area located outside the territorial sea of ​​the Russian Federation and adjacent to it, with special legal regime established by federal laws, international treaties of the Russian Federation and norms of international law.

According to established legal practice, airspace includes an altitude of up to 100 km. Under the land and water territories there are subsoil resources, which the Constitution of the Russian Federation does not mention.

Nevertheless, according to established custom, they are also included in the concept of state territory.

3. The continental shelf of the Russian Federation includes the seabed and subsoil of underwater areas located outside the territorial sea of ​​the Russian Federation, throughout the natural continuation of its land territory or at a distance of 200 miles from the coast (Article 1 of the Federal Law of November 30, 1995 No.

N 187-FZ “On the continental shelf of the Russian Federation”)

1. territorial waters - 12 nautical miles (22.2 km) from the coast, the coastline is determined by the line of maximum low tide, or, if the coast is indented, there are many islands located next to it - from a conventional straight line connecting the points that protrude into the sea as much as possible.

If the width of the water surface between two states is less than 12 miles, the border runs through the middle of the water space, or is determined by an agreement between the countries.

1. The Russian Federation includes the following subjects of the Russian Federation:

Republic of Adygea (Adygea), Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia, Karachay-Cherkess Republic, Republic of Karelia, Komi Republic, Republic of Crimea, Mari El Republic, Mordovia Republic, Republic of Sakha (Yakutia), Republic North Ossetia- Alania, Republic of Tatarstan (Tatarstan), Republic of Tyva, Udmurt republic, The Republic of Khakassia, Chechen Republic, Chuvash Republic - Chuvashia;

Altai Territory, Transbaikal Territory, Kamchatka Krai, Krasnodar region, Krasnoyarsk region, Perm region, Primorsky Territory, Stavropol Territory, Khabarovsk Territory;

Amur region, Arhangelsk region, Astrakhan region, Belgorod region, Bryansk region, Vladimir region, Volgograd region, Vologda Region, Voronezh region, Ivanovo region, Irkutsk region, Kaliningrad region, Kaluga region, Kemerovo region, Kirov region, Kostroma region, Kurgan region, Kursk region, Leningrad region, Lipetsk region, Magadan Region, Moscow region, Murmansk region, Nizhny Novgorod region, Novgorod region, Novosibirsk region, Omsk region, Orenburg region, Oryol Region, Penza region, Pskov region, Rostov region, Ryazan region, Samara Region, Saratov region, Sakhalin region, Sverdlovsk region, Smolensk region, Tambov region, Tver region, Tomsk region, Tula region, Tyumen region, Ulyanovsk region, Chelyabinsk region, Yaroslavl region;

Moscow, St. Petersburg, Sevastopol - cities of federal significance;

Jewish Autonomous Region;

Nenets Autonomous Okrug, Khanty-Mansiysk Autonomous Okrug - Yugra, Chukotka Autonomous Okrug, Yamalo-Nenets Autonomous Okrug.

2. Admission to the Russian Federation and the formation of a new subject within it are carried out in the manner established by federal constitutional law.

1. The status of the republic is determined by the Constitution of the Russian Federation and the constitution of the republic.

2. The status of a territory, region, federal city, autonomous region, autonomous district is determined by the Constitution of the Russian Federation and the charter of the region, region, federal city, autonomous region, autonomous district, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.

3. Upon the proposal of the legislative and executive bodies of an autonomous region, an autonomous okrug, a federal law on an autonomous region, an autonomous okrug may be adopted.

4. Relationships autonomous okrugs, included in the territory or region, may be regulated by federal law and an agreement between the state authorities of the autonomous region and, accordingly, the state authorities of the territory or region.

5. The status of a subject of the Russian Federation can be changed by mutual agreement of the Russian Federation and a constituent entity of the Russian Federation in accordance with federal constitutional law.

1. The territory of the Russian Federation includes the territories of its subjects, internal waters and territorial sea, and the airspace above them.

2. The Russian Federation has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in the manner determined by federal law and international law.

3. The borders between the constituent entities of the Russian Federation can be changed with their mutual consent.

1. The state language of the Russian Federation throughout its entire territory is Russian.

2. Republics have the right to establish their own official languages. In government bodies, bodies local government, in state institutions of the republics they are used along with the state language of the Russian Federation.

H. The Russian Federation guarantees to all its peoples the right to preserve native language, creating conditions for its study and development.

The Russian Federation guarantees the rights of indigenous peoples in accordance with generally accepted principles and norms of international law and international treaties of the Russian Federation.

1. State flag, coat of arms and anthem of the Russian Federation, their description and order official use are established by federal constitutional law.

2. The capital of the Russian Federation is the city of Moscow. The status of the capital is established by federal law.

The Russian Federation has jurisdiction over:

a) adoption and amendment of the Constitution of the Russian Federation and federal laws, monitoring their compliance;

b) federal structure and territory of the Russian Federation;

c) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of the rights of national minorities;

d) establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; formation of federal government bodies;

e) federal state property and its management;

f) establishing the basis federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development Russian Federation;

g) establishing the legal basis for the single market; financial, currency, credit, customs regulation, money issue, fundamentals of pricing policy; federal economic services, including federal banks;

h) federal budget; federal taxes and fees; federal funds regional development;

i) federal energy systems, nuclear energy, fissile materials; federal transport, communication routes, information and communication; activities in space;

To) foreign policy And international relationships Russian Federation, international treaties of the Russian Federation; issues of war and peace;

l) foreign economic relations Russian Federation;

l) defense and security; defense production; determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production toxic substances, narcotic drugs and the procedure for their use;

m) determination of status and protection state border, territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation;

o) judicial system; prosecutor's office; criminal and penal legislation; amnesty and pardon; civil law; procedural legislation; legal regulation of intellectual property;

n) federal conflict of laws;

p) meteorological service, standards, standards, metric system and calculation of time; geodesy and cartography; names of geographical objects; official statistics and accounting;

With) state awards and honorary titles of the Russian Federation;

r) federal public service.

1. The following are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation:

a) ensuring compliance of the constitutions and laws of republics, charters, laws and other normative legal acts of territories, regions, federal cities, autonomous regions, autonomous districts with the Constitution of the Russian Federation and federal laws;

b) protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring law, order, public safety; border zone regime;

c) issues of ownership, use and disposal of land, subsoil, water and other natural resources;

d) delimitation of state property;

e) environmental management; security environment and ensuring environmental safety; specially protected natural areas; protection of historical and cultural monuments;

e) general issues upbringing, education, science, culture, physical culture and sports;

g) coordination of health issues; protection of family, motherhood, paternity and childhood; social protection, including social security;

h) implementation of measures to combat disasters, natural disasters, epidemics, and liquidation of their consequences;

i) establishment of general principles of taxation and fees in the Russian Federation;

j) administrative, administrative-procedural, labor, family, housing, land, water, forestry legislation, legislation on subsoil, on environmental protection;

k) personnel of judicial and law enforcement; advocacy, notary;

l) protection of the original habitat and traditional way of life of small ethnic communities;

m) establishing general principles for organizing the system of state authorities and local self-government;

o) coordination of international and foreign economic relations of the constituent entities of the Russian Federation, implementation of international treaties of the Russian Federation.

2. The provisions of this article apply equally to republics, territories, regions, cities of federal significance, autonomous regions, and autonomous districts.

Article 73

Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects joint management of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation have full state power.

1. On the territory of the Russian Federation, the establishment of customs borders, duties, fees and any other obstacles to free movement goods, services and financial resources.

2. Restrictions on the movement of goods and services may be introduced in accordance with federal law if this is necessary to ensure safety, protect the life and health of people, protect nature and cultural values.

1. Monetary unit in the Russian Federation is the ruble. Monetary emission is carried out exclusively by the Central Bank of the Russian Federation. The introduction and issue of other money in the Russian Federation is not allowed.

2. Protecting and ensuring the stability of the ruble is the main function Central Bank of the Russian Federation, which it carries out independently of other government bodies.

3. The system of taxes levied into the federal budget and the general principles of taxation and fees in the Russian Federation are established by federal law.

4. Government loans are issued in the manner determined by federal law and are placed on a voluntary basis.

1. For the subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws that have direct action throughout the Russian Federation.

2. On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulations adopted in accordance with them are issued. legal acts subjects of the Russian Federation.

3. Federal laws cannot contradict federal constitutional laws.

4. Outside the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts carry out their own legal regulation, including the adoption of laws and other regulatory legal acts.

5. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted in accordance with parts one and two of this article. In the event of a conflict between a federal law and another act issued in the Russian Federation, the federal law shall apply.

6. In the event of a contradiction between a federal law and a regulatory legal act of a constituent entity of the Russian Federation, issued in accordance with part four of this article, the regulatory legal act of a constituent entity of the Russian Federation shall apply.

1. The system of government bodies of republics, territories, regions, cities of federal significance, autonomous region, autonomous districts is established by the constituent entities of the Russian Federation independently in accordance with the fundamentals constitutional order Russian Federation and general principles organizations of representative and executive bodies of state power established by federal law.

2. Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form unified system executive power in the Russian Federation.

1. To exercise their powers, federal executive bodies may create their own territorial bodies and appoint appropriate officials.

2. Federal executive authorities, by agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws.

3. Executive authorities of the constituent entities of the Russian Federation, by agreement with federal authorities executive authorities may delegate to them the exercise of part of their powers.

4. The President of the Russian Federation and the Government of the Russian Federation ensure, in accordance with the Constitution of the Russian Federation, the exercise of the powers of federal state power throughout the entire territory of the Russian Federation.

The Russian Federation may participate in interstate associations and delegate to them part of its powers in accordance with international treaties, if this does not entail restrictions on the rights and freedoms of man and citizen and does not contradict the fundamentals of the constitutional system of the Russian Federation.

is a set of interrelated elements that includes the Central Bank, credit organizations consisting of commercial banks and other credit and settlement institutions, sometimes united within holding companies, as well as banking infrastructure and banking legislation. The Federal Law of December 2, 1990 “On Banks and Banking Activities” defines the concept banking system as follows: the banking system of the Russian Federation includes the Bank of Russia, credit organizations, as well as branches and representative offices of foreign banks.

Banking system of the Russian Federation, its levels

Russian banking system has a two-level structure. The first level is represented by the Central Bank of the Russian Federation. The second level includes non-bank credit organizations, as well as branches and representative offices of foreign banks.

The first level includes the Central Bank of the Russian Federation, the type of functions and powers of which distinguish it from other banks. First of all, this is the establishment and methodological support of the rules for committing and recording banking operations, issue of cash (issue), organization of payment circulation, licensing of banking activities and supervision of all credit organizations, regulation of banks and other credit institutions through accounting and reserve policies and the establishment of mandatory economic standards for them. Due to its functional purpose, the Central Bank of the Russian Federation occupies special place in the banking system.

The second level of the banking system includes. These include: a bank and a non-bank credit organization, Russian banks with foreign capital or branches of foreign banks. The main purpose of credit institutions is to conduct banking operations for credit, cash settlement and deposit services for clients and subjects of economic relations.

Rice. 1. Structure of the banking system of the Russian Federation

Part basic elements The banking system of the Russian Federation includes: credit organizations, banking infrastructure, banking legislation.

Credit organisation - this is a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a special permit (license) of the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations, provided for by law about banks.

Bank- a credit institution that has the exclusive right to carry out the following banking operations in total: attracting deposits Money individuals and legal entities, accommodation specified funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities.

Non-bank credit organization(NPO) is a credit organization that has the right to carry out certain banking operations. Acceptable combinations of banking operations for non-bank credit institutions are established by the Bank of Russia. NPOs can carry out settlement, deposit, credit operations, as well as collection of funds, bills, payment and settlement documents.

Banking group - This is an association of credit organizations in which one (parent) credit organization directly or indirectly (through a third party) has a significant influence on decisions made by the management bodies of another (other) credit organization.

Bank holding - an association of legal entities with the participation of credit institutions, in which a legal entity that is not a credit institution (the parent organization of a bank holding company) has the ability to directly or indirectly exert a significant influence on decisions made by the management bodies of the credit institution.

The procedure for opening and operating branches and representative offices of foreign banks on the territory of the Russian Federation is regulated by special legislative acts. The Bank of Russia sets restrictions on banking operations for branches and representative offices of foreign banks.

Russian banks are not isolated from external environment. To fulfill your economic functions a number of them are in demand important services, which are provided by the banking infrastructure. The importance of banking infrastructure in last years is increasingly increasing. It is understood as a set of institutions that create the necessary conditions for the implementation of banking activities and facilitate the creation and delivery of banking services to their consumers. These include:

• a deposit insurance system that guarantees the safety of citizens' deposits in banks within the framework of the norms established by law, which is carried out by the Deposit Insurance Agency (AS B) specially created by the state;
• independent payment systems that assist in settlements between organizations and banks, for example SWIFT, and payment transactions using plastic cards, for example VISA. MasterCard, American Express;
• audit organizations that provide independent verification of the activities of both commercial banks and the Central Bank of the Russian Federation and confirmation of their financial statements;
• consulting and legal organizations helping banks develop their business, representing the interests of banks in interaction with clients and authorities;
• organizations - suppliers of information technology solutions, developing and providing banks with modern banking technologies aimed at automating their business processes and achieving a high level of security;
• educational organizations that provide training and retraining of banking specialists, conducting various seminars and advanced training courses, without which, given the complexity of modern banking, it is impossible to imagine the normal functioning of a bank.

The sources of banking legislation of the Russian Federation are: the Constitution of the Russian Federation; norms of international banking law and international treaties of the Russian Federation; decisions of the Constitutional Court of the Russian Federation; Civil Code (Civil Code) of the Russian Federation: Federal Law “On Banks and Banking Activities”; Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”; subordinate regulatory legal acts (instructions, regulations, circulars, etc.).

The current state of the Russian banking system

Banking system of the Russian Federation includes the Bank of Russia, credit organizations, as well as branches and representative offices of foreign banks.

The fourth stage of “foreign intervention” in the banking sector has begun in Russia. With the adoption in 1995 of Federal Law No. 65-FZ “0 introducing amendments and additions to the Law of the RSFSR “On the Central Bank of the RSFSR (Bank of Russia)”, the opportunity arose for the further development of the Russian banking sector and the system of the Central Bank of the Russian Federation itself. The federal law established the independent status of the Bank of Russia and regulated in detail the relations of the Central Bank of the Russian Federation with federal government bodies. The essential point of the new banking law a ban was established on the provision of loans to the Government of the Russian Federation to finance the federal budget, as well as on the purchase by the Bank of Russia of government securities during their initial placement, except in cases where this is provided for by the federal budget law (Article 22).

At the beginning of 1996, the Federal Law “On Amendments and Additions to the Law of the RSFSR “On Banks and Banking Activities in the RSFSR”” (No. 17-FZ dated 02/03/96) was adopted, which served as the next stage in the commercialization of the Russian banking system. This Federal Law introduced a distinction between a bank and a non-bank credit organization, eliminating the limitation on the size of the share authorized capital, which may be owned by one founder. Previously (according to the law of December 2, 1990), such a share for one participant in a credit organization was limited to 35%.

In mid-2002, the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” (No. 86-FZ) was adopted, which increased the transparency of the Central Bank’s activities by strengthening state control. For these purposes, the National Banking Council was created - a collegial body of the Bank of Russia, responsible for external control over its activities without the right to interfere in operational activities bank (Article 12).

Currently in Russia de jure There is a two-tier banking system, but after the adoption of the Federal Law “On Agricultural Cooperation” (1995) and the Federal Law “On Credit Consumer Cooperatives” (2001), the country’s banking system de facto began to acquire certain features of a three-level model:

I level(top) with assets of 15,482.6 billion rubles. — The Central Bank of the Russian Federation and its structural divisions ( central office, Main Inspectorate credit histories, 22 departments and 3 main directorates, 1 MSTU of the Bank of Russia, 58 main directorates, 20 national banks and 630 cash settlement centers);

Level II(interim) with assets of RUB 28,691.9 billion. - universal commercial banks that have the right to carry out banking operations (1,015 banks, including 228 credit institutions with foreign participation) and 51 non-bank credit institutions;

Level III(lower) with assets of about 30 billion rubles. — credit (consumer and agricultural) cooperation of Russia, which currently has 680 thousand shareholders.

The Bank of Russia, de jure not being a government body, at the same time, in its own way legal powers reflected in its goals (protecting and ensuring the stability of the ruble, developing and strengthening the banking system, ensuring the effective and uninterrupted functioning of the payment system) and functions (issuing cash and refinancing credit institutions, establishing rules for making payments and conducting banking operations, organizing currency regulation and control (supervision) over the activities of credit institutions and banking groups, etc.), de facto refers to state bodies, since the implementation of its goals and functions involves the use of state coercive measures (Table 1).

Table 1. Balance sheet of the Bank of Russia for 2006-2009, billion rubles.

The right was granted to manage the country's gold and foreign exchange reserves (international reserve assets of the Russian Federation), which as of January 1, 2010 amounted to $440.6 billion, an increase of 5.7 times compared to January 1, 2004 ($76.9 billion) . At the same time, only 5% in the structure of gold and foreign currency reserves is given to monetary gold, taken into account according to current quotes from the Bank of Russia. The largest segment of Russian assets as of June 30, 2009 was placed in securities of foreign issuers with a maturity of less than 1 year (87.1%), followed by foreign currency deposits and account balances (7.7%), as well as in reverse repo transactions with a maturity of up to 6 months (5.2%).

The onset of the global financial crisis and the implementation by the Bank of Russia in connection with it of a policy of gradual devaluation of the ruble since October 2008 led to the fact that Russia's gold and foreign currency reserves as of May 1, 2009 amounted to $383.9 billion, i.e. over 8 months they decreased by $212.7 billion, or by 35.7% of them maximum level($596.6 billion).

Analysis of performance indicators of the Russian banking sector for 2006-2009. indicates the rapid development of the banking sector in 2006-2007. During the global financial crisis, growth rates have slowed somewhat, but still remain fairly stable. In terms of the growth rate of total assets, as well as loans and other funds provided to non-financial organizations and individuals, the Russian banking sector is one of the fastest growing markets in the world (Table 2).

Table 2. Macroeconomic indicators of the banking sector of the Russian Federation for 2006-2009.

However, behind the positive dynamics of macroeconomic indicators of the Russian banking sector (total assets and own funds, loans and other allocated funds provided to non-financial resident organizations and resident individuals) the most serious problems were hidden, which, in the context of the global financial crisis, negatively affected not only the activities of the majority of credit institutions in the country, but also the Russian economy as a whole.

Microfinance credit organizations

After in the 1930s. microfinance organizations of credit cooperation and mutual credit were liquidated in the country; interest in institutions of this kind in Russia began to arise again only in the second half of the 1990s. First of all, it was shown Russian citizens, whose access to bank lending was limited. Thus, in 2008 the share of economically active citizens who did not have full access to financial services, in Russia was about 50%.

As a result, such credit institutions appeared in the country civil society, such as credit consumer cooperatives of citizens (CPCC), credit consumer cooperatives with the participation of legal entities (CPC), consumer societies (PO) and agricultural credit consumer cooperatives (ACCC), the total loan portfolio of which, in 2009, amounted to about 30 billion rubles. , was formed mainly due to the voluntary savings of shareholders.

The activities of credit cooperatives are currently not subject to prudential supervision by the Bank of Russia and are regulated by a number of legislative acts that define requirements for the organization and areas of activity of credit cooperatives. On March 4, 2010, the Government of the Russian Federation, by Resolution No. 123, entrusted Rosfinmonitoring with control over credit consumer cooperatives of citizens, thereby transferring licensing and control over the activities of these financial intermediaries to the Ministry of Finance of the Russian Federation.

Agricultural CPCs carry out their activities in accordance with the Law “On Agricultural Cooperation”. At the same time, its members must necessarily participate in the economic activities of the cooperative. Besides. The law establishes restrictions on the number of members of the cooperative who are not agricultural producers (their share should not exceed 20% of the total number of members of the cooperative).

software that conducts savings and loan transactions with their shareholders, along with traditional types activities of consumer cooperation (procurement, trade and purchasing, sales, supply, etc.) carry out their activities in accordance with the Law “On Consumer Cooperation (Consumer Societies, Their Unions) in the Russian Federation” and have no upper restrictions on the number and composition of their members . As a rule, they are created on a territorial basis.

CCCPs are created in accordance with the Law “On Credit Consumer Cooperatives of Citizens” on the basis of any community of citizens, community of place of residence, labor activity, professional affiliation, etc. An upper limit on the number of members (founders) is set for them - no more than 2,000.

CCPs that do not have special legal regulation carry out their activities on the basis of the general norms of Art. 116 Civil Code RF and do not have upper limits on the number and composition of their members.

IN modern Russia The main organizers of credit institutions of civil society are currently the League of Credit Unions of Russia, the National Union of Non-Profit Organizations, the Union of Rural Credit Cooperatives and the Rural Credit Cooperation Development Fund. They were created to promote the development of credit cooperation as the most important direction reforming the financial and credit mechanism of agriculture, the system of mutual financing of non-profit organizations, as well as the provision of services in the field of accounting, taxation, organization (management) of activities, advisory and educational programs.

Each type of credit institution - KPKG, KPK, PO or SKKK - is built in a strict hierarchical sequence, which is a three-level organizational structure of the following form:

Level I (primary link) - credit cooperative. Currently in Russia there are 760 KPKG, 350 SKKK, 400 PAs and KPKs in 75 regions of the country. Total number shareholders - about 680 thousand, the volume of loans provided - 30.0 billion rubles;

Level II (middle) - regional associations KPKG, KPK, PO or SKKK, created in 34 regions of the Russian Federation. The main goal of their activities is to promote the development of the lower level of the credit cooperation system;

Level III (upper) - such structures as the League of Credit Unions of Russia, the National Union of Non-Profit Organizations, the Union of Rural Credit Cooperatives, the Fund for the Development of Rural Credit Cooperation and the Interregional Agricultural Credit Consumer Cooperative (MSKKK) "People's Credit".

League of Credit Unions of Russia(organized in 1994) is a voluntary association of credit consumer cooperatives citizens and other non-profit mutual financial assistance organizations and their associations. As of 01/01/2008, the League included 238 cooperatives, including 46 as independent and 192 as associated (through 12 regional associations and 2 infrastructure organizations). At the same time, the cooperatives and their associations included in the League included: 238 departments (branches), 366,954 shareholders, 1,466 personnel with a total balance sheet of 6,480 million rubles.

National Union of Nonprofit Organizations established in 2001 with the aim of creating and developing a system of mutual financing of non-profit organizations, as well as providing them with services in the field of accounting, taxation and organization (management) of activities. The National Union system includes more than 160 cooperatives, uniting more than 200 thousand shareholders and controlling more than 3 billion rubles.

Rural Credit Cooperation Development Fund(FRS KK) (founded in 1997) - non-state non-profit organization, whose activities are related to the development of a multi-level CCM system in Russia by providing cooperatives financial assistance, advisory and educational services. As of 01/01/2008, the equity capital of FRSCK was 320.4 million rubles, and the size of the loan portfolio was 276.6 million rubles. At the same time, for the entire period of activity (including 2008), loans in the amount of 2.1 billion rubles were provided through the FRSKK, which were intended for 14 thousand peasant (farm) households, personal subsidiary plots and other small and medium-sized forms of agribusiness.

Union of Rural Credit Cooperatives(established in 1997) is a non-governmental non-profit organization whose activities are related to promoting the development of rural credit cooperation as the most important area of ​​reforming the financial and credit mechanism of agriculture. Currently, the SSK Union coordinates the activities of 220 credit cooperatives and credit unions from 50 regions of Russia.

Non-governmental non-profit organization MSKKK "People's Credit" (founded in 2004) is engaged in attracting financial resources to the system of rural credit cooperation, reducing financial risks in activities regional systems credit cooperation through the creation of guarantee, insurance and reserve funds, as well as by providing advisory and informational assistance to members of the MSCC.

The main shareholders of the MSCC "People's Credit" are 17 regional cooperatives of the 2nd level and 4 associated organizations (Rural Credit Cooperation Development Fund, a branch of the non-profit corporation ACDI/OCA, the Non-profit Fund for the Promotion of Small Business "German Fund for the Support of Small Business" and finance company"Oikocrcdit", Netherlands). As of July 1, 2009, 264 loans were issued from MSKPK “Narodny Kredit” for a total amount of 188.1 million rubles, the cooperative’s own funds amounted to 24.2 million rubles, and the loan portfolio amounted to 70.9 million rubles.

The Russian banking system in the context of the global financial crisis

The first signs of a financial crisis in the Russian banking system began to be observed in August 2007. Thus, over seven months of 2007, the volume of refinancing of commercial banks increased 350 times. A year later (August-September 2008), its further growth led to massive failure by banks to fulfill their obligations under repo transactions. Already the first manifestations of the crisis in Russia showed that the main mechanism of its development differs from that observed in developed countries. In Russia, the inevitability of the development of a systemic crisis was predetermined by the prevailing conditions in the 2000s. mechanisms for financing banks and enterprises, money supply, pricing in the financial market. The Bank of Russia issued ruble funds to accumulate foreign currency in official reserves. The reduction in export revenues of Russian exporters as a result of the fall in world oil prices led to a relative contraction money supply. Promotion interest rates in the global financial market and restrictions on lending to borrowers from developing countries led to increased borrowing costs for the largest Russian banks. This caused the collapse of the Russian interbank credit market.

Dependence of the Russian financial market and enterprises on external financing illustrate statistical data. Thus, as of October 1, 2008, the external debt of Russian banks and corporations (without participation in capital) amounted to $497.8 billion. As of September 1, 2009, this debt decreased, but only slightly - by only 12.7% to 434.9 billion dollars (including the debt of banks amounted to 135.9 billion dollars, the corporate sector - 299.0 billion dollars). The departure of international investors from the Russian market (in 2008, the net outflow of private capital from Russia amounted to $130.8 billion, in 2009 it exceeded $50 billion) is associated with the beginning of a liquidity crisis in the country's banking sector.

Let us list the problems that are characteristic of the banking sector of modern Russia and indicate that in our country the institutional formation of a market-type banking system has not been completed.

1. Currently in the Russian Federation there is big number literally dwarf banks both in terms of equity capital and total assets. As of December 1, 2009, over 94.0% of the total assets and approximately 90.0% of the equity capital of Russian banks were under the control of the 200 largest banks (in total there were 1,131 banks in the register of Russian credit institutions, and 1,015 operating ones). At the same time, the share of banks included in the top five accounted for 45% of all own funds, about 48.0% of total assets and 50% of all loans, deposits and other allocated funds, and the share of only one Sberbank (SB) of Russia in the structure balance sheet transactions of all credit institutions operating in Russia account for 25% of assets, 20% of equity, 30% of loans provided to legal entities and individuals, 25% of funds raised from legal entities and individual entrepreneurs, and 50% of funds raised from individuals. The scale of the activities of the Security Council of Russia is evidenced by the state of the increase in turnover in the accounting accounts of its financial transactions (Form 101) for December 2008:

by active operations:

• balances on a correspondent account opened with the Bank of Russia increased by 64 billion rubles;
• balances on correspondent accounts opened by the SB of Russia with non-resident banks increased by 67 billion rubles;
• debited from the accounts of SB branches located in the Russian Federation, on RUB 2,717 billion more than received;
• loans and deposits placed with non-resident banks increased by 143 billion rubles;
• loans provided to non-state commercial organizations increased by RUB 122 billion;
• loans granted to individuals increased by 9 billion rubles;
• overdue debt of non-state commercial organizations on loans decreased by 2 billion rubles;
• overdue debt of individuals on issued loans increased by 2 billion rubles;

for passive operations:

• account balances of non-resident banks in the SB increased by 4 billion rubles;
• account balances of resident banks in the SB increased by 6 billion rubles;
• funds (loans, deposits) were written off from the SB correspondent account in favor of resident banks for 39 billion rubles;
• SB received an interbank loan from non-resident banks for 6 billion rubles;
• overdue debt of individuals on issued loans increased by 2 billion rubles;
• funds (including deposits) of non-state commercial organizations increased by 176 billion rubles;
• funds (including deposits) of individuals increased by 162 billion rubles.

2. The density of banking services in Russia as of December 2009 averaged slightly more than 28 points per 100 thousand population. This is comparable to the density of banking services in Eastern European countries. However, if in Europe banking divisions are almost evenly distributed across the territory, in Russia, on the contrary, they are extremely uneven. Thus, in Moscow as of January 1, 2010, about 50% of all operating credit institutions operated. They concentrated 86.6% of total assets, 57.9% of all deposits of legal entities and individuals and other funds raised, and about 35% of loans and other allocated funds provided to legal entities and individuals and individual entrepreneurs.

3. The undercapitalization of Russian banks did not allow them to adequately finance the largest Russian enterprises, and the irrational policy of the Bank of Russia of high interest rates in the absence of capital restrictions (cancelled since mid-2006) led to the uncontrolled growth of external Russian debt. Thus, the external debt of the banking and corporate sectors as of September 1, 2009 amounted to about 33.5% of the Russian Federation’s GDP. In conditions of rapid devaluation of the ruble, a significant part Russian borrowers will face the problem of servicing external debt.

4. Monetary policy does not pursue the goal of stimulating economic growth and improving the welfare of the population. It is, in principle, divorced from the needs of the Russian economy and is of such a contradictory nature that it does not allow economic entities to make economically sound decisions. Thus, theoretically, the policy of strengthening the ruble, pursued in the pre-crisis period, should have contributed to the modernization of Russian enterprises. But in conditions of high inflation and the interest rate policy, the modernization of production was limited and fragmented. During a crisis period, the policy of “smooth” devaluation of the ruble, along with the policy of high interest rates, puts an end to plans for the technical re-equipment of production and, moreover, leads to a curtailment of business activity in the Russian economy. The industrial decline and at the same time a significant expansion of the money supply create stable expectations among business entities and households of a further depreciation of the Russian currency and the beginning of a new round of dollarization of the Russian economy.

5. The activities of banks as conductors of monetary policy are aimed exclusively at compliance with formalized standards, the requirement for compliance with which is often selective. In the context of the developing crisis, Russian banks, as independent commercial organizations, pursuing own interests, limit their activities in all segments of the financial market, except for the foreign exchange market, and transform their ruble liabilities into foreign currency assets. Funds allocated to banks by the state, attracted in the form of loans from the Bank of Russia, deposits of legal entities and individuals, are not used to finance business entities, but are thrown onto the foreign exchange market. As a result, financial anti-crisis measures increase devaluation pressure and do not allow overcoming the crisis in the economy. The reduction in ruble liquidity generates a contraction in domestic aggregate demand, which further aggravates the economic crisis.

6. Investments attracted within the country in the pre-crisis period were not used productively, but were directed towards financial speculation, which led to the inflation of several bubbles, including in the national securities market. Russian market securities in the pre-crisis period were distinguished by several features: low market capacity (only a small part of the securities of the most attractive issuers were in free circulation); a limited number of investors, which were dominated by large foreign and national institutional investors; widespread insider trading, which allowed investors to manipulate exchange rate fluctuations; decentralized market infrastructure. Russia's high investment rating attracted foreign investment, and the narrowness of supply, along with the indicated market features, led to a rapid “warming up” of the Russian stock market. Before the crisis in May 2008, its capitalization was $1.6 trillion, having more than tripled over the past 3 years. At that time, investors in a number of cases purchased foam securities at clearly inflated pence. Thus, according to the ratio of the total value of the company to the revenue per share Russian company Severstal-Auto was placed 15-20% more expensive than shares of such global auto giants as Honda, Nissan, Toyota, etc., and according to such an indicator as the ratio of capitalization to net profit, the shares of the Russian tire company Amtel were placed 2-2.5 times higher than the shares of the world industry leaders - Michelin and Bridgestone.

As a result of the largely isolated and largely segmental functioning of the banking system and the real sector, structural imbalances in the national economy have increased. Therefore, for the Russian economy, recovery from the current crisis will be extremely difficult and will require the adoption of non-standard decisions.