Faculty Banking Law presents: The programme of an obligatory course of doctoral studies (DBA) on specialism Banking Law.
Theme 1. Concept and subject of the banking law, methods of legal regulation of bank activity.

Concept of banking law. Subject of the bank right, bank legal relationships. Concept, maintenance and attributes of banking law. Types of banking law. The bases of their occurrence. Features of banking law. System and sources of banking law. Concept of bank legislation. Parity of the bank legislation with allied industries of the legislation. System of the bank legislation. Laws and under law certificates (acts) in system of the bank legislation. Use of rules of business revolution as a source of banking law. The unified rules and customs for documentary letters of credit of the International Chamber of commerce - Uniform Customs and Practice for Documentary Credits of Uniformed Rules for Collection. Concept and a legal status of commercial bank and other credit establishments. Concept and attributes of commercial bank. Types of commercial banks. Legal status of separate types of banks. Features of  legal status of business banks formed with participation of the foreign capital. The order of creation of business banks. The basic legal certificates & acts and the contents of the requirements showed to the order of their creation. Stages of creation of business bank. Procedure of opening of branches of business banks. Features of opening of branches of foreign banks. The discontinuance of activity of business bank: the bases, the order, consequences.  Concept and the order of formation of the authorized capital of bank. The requirements showed to the authorized capital of bank. Change of the authorized capital of bank. The economic competence of business banks: limits, the contents and the general interdictions. The order of licensing. Types of licenses. Concept and attributes of other credit establishments. Types of credit establishments. Bank associations. Bank holdings. The clearing centres. The cash unions.

Theme 2. Bank system: the legal Status and functions of the Central banks.

Concept of bank system and its structure. Types of bank systems and their structure in foreign countries. Concept of reserve system. The funds forming reserve system. The order of creation and limits of use of these funds of business banks. Fund of obligatory reservation. Legal status of the Central Bank. Functions of the Central Bank. A legal status of territorial managements of the Central Bank and their settlement - cash centres. Forms and the basic directions of interaction of the Central Bank and business banks. Economic specifications of activity of business banks. Obligatory and recommendatory specifications. Supervising and control functions of the Central Bank. Legal forms of monetary and credit policy of the state. Concept of the legal form of state policy. The contents of credit policy. The basic directions of credit policy and the form of its realization. The programme of development of bank system. The basic directions of re-structuring of bank system. Use of the international standards of regulation of bank  activity at re-structuring bank system. The basic directions and ways of regulation of monetary circulation. The bodies authorized to issue of cash, and their competence. Concept and conditions of realization of credit issue. Legal forms and ways of regulation of budgetary deficiency. Rights and duties of the sides, consequences of non-observance of the established norm of budgetary deficiency. Problems of perfection of the legislation.  Legal forms of interaction of the Ministry of Finance and the Central Bank. Legal regulation of the state and currency debt. Concept of the state loan, the right and a duty of the sides. The budgetary code. Legal forms of participation of the state in the international attitudes with the purpose of realization of a credit policy. The international agreements and contracts. Member obligations. Legal forms of reception and realization of foreign credits.

Theme 3. The contract of the bank account and the bank contribution.

Concept and contents of the contract of the bank account. The contract of the settlement and current account. Order and basis of the conclusion of the contract of the settlement account. Rights and duties of the parties under the contract of the settlement account. Indisputable and non-accept acridities from accounts of the client: problems of combination of the legislative and contractual bases. Classification of the bases acridities means without the consent of the client. Stay of operations under the account and arrest of money resources. Cases of stay of operations under the account and arrest of money resources. The bodies having the right to impose arrest on money resources and to stop operations under the account. The discontinuance of the contract of the bank account. Types of contributions. Fixed deposit. Contribution poste restante. Contribution on other conditions of return. Features of legal regulation of depositary accounts. Concept and features of use of depositary and savings certificates. Rules of change of the interest rate under contributions of legal and physical persons. Concept of bank secret. Volume and the contents. Bases and the order of granting of the data making bank secret. The responsibility for infringement of bank secret. Correspondent accounts of banks. Concept and types of correspondent accounts of banks. Accounts Loro and accounts Nostro. Rules of the conclusion of the contract on correspondent service. Legal regime of the money which is taking place on the correspondent account. Procedure of bank operations under the correspondent account. Legal forms of interbank calculations. Legal regulation of the international interbank calculations. General principles of international payments, their legal value and practice of application.

Theme 4. Settlement of banking law.

Concept and subjects settlement of banking law. Features of legal status of bank in calculations. Ways and types of calculations. Non-cash and available calculations. Main principles settlement of banking law. Rights and duties of bank in settlement relations. Structure of contractual relations. Problems of responsibility. Legal forms of clearing settlements: calculations by payment orders, calculations under letters of credit, calculations by checks, calculations under the collection. Sequence accredit money resources from the bank account. Rules of calculations under payment orders. Particular cases:  payment orders are applied to calculations. Essential elements of the payment order. Procedure of drawing up and presentation in bank of the payment order. Procedure of execution by bank of the payment order of the client.  Types and order of use of cheques. The letter of credit as the form of calculations. Opportunities of use of the letter of credit in internal and external calculations. Rules of drawing up of the letter of credit, its essential elements. Types of letters of credit. Revocable and non-back accredits letters of credit. The confirmed letters of credit. The covered and uncovered letters of credit. Revolving letters of credit. Transfer’s letters of credit. Divided letters of credit. Other types of letters of credit. Legal forms of international payments: bank translation, the collection, the letter of credit, trade under the open account. Concept and types of the letters of credit used in international payments. Conditions of the letter of credit and their legal value. Features of use of cheques and bills in international payments. The Geneva cheque and bill conventions. A legal status of cheque and bills in Anglo-American legislative system.

Theme 5. Credit operations of business banks.

Concept of credit relations and their legal forms. Purposes and principles of bank crediting. Types of bank crediting. Concept and the contents of the contract of the bank credit. Essential and facultative conditions of the credit contract. Execution and change of conditions of the credit contract. Types and ways of maintenance of the received credit. Pledge. Guarantee. Responsibility for non-observance of the credit contract. Arbitration practice. Crediting debts. Account of bills. Forfeiting.  Factoring. Elements of crediting in the contract of leasing. Legal bases of the international bank crediting. Crediting under the external economic bargains. Legal regulation of operations of bank with securities. Concept and types of the securities used in bank activity. The statutory acts to regulate securities market. Functions of Federal Exchequer of the Central Bank and the Central Bank in the field of regulation of a securities market. The legal acts to regulate the rights and duties of bank at use of different types of securities. Licensing of activity. The securities connected to the authorized capital of bank. Issue, rules of the reference and the basic operations with actions of commercial banks. The securities connected to the extra and involved capital of bank: bonds and certificates. Conditions and the order of release. Bills of commercial banks. The bank savings-bank book to bearer. Deposit operations of commercial banks. Operations of commercial banks on confidential management of property and money resources. Other activity of commercial banks on securities market.

Theme 6. Currency transactions of banks.

Concept of currency and currency values. Types of currencies. Currency markets. Exchange rates and their legal value. The statutory acts to regulate currency transactions. The law «About currency regulation and the currency control». Concept of the authorized bank. Concept and types of bank currency transactions. General and special conditions of realization of currency transactions by banks. Licensing of currency transactions. Order and conditions of reception of currency licenses. Legal regulation about opening and conducting currency accounts of clients. Order of transfer and use of currency proceeds and other receipts on the account. Obligatory sale of currency proceeds. Accounts of non-residents, their types, the order of opening and a legal regime of money resources. Sale and purchase of currency. Concept and the general legal requirements to open currency position.

Theme 7. Legal regulation of the account and the reporting in banks.

System of the legal certificates regulating the account and the reporting in banks. Legal value and the contents of book keeping in banks. The plan of accounts, its structure and its legal value. Basic tendencies of legislative regulation of the bank reporting. Problem of transition to the international standards of the account.

Theme 8. Taxation of bank activity.

Legal acts being sources of legislative base in the field of the taxation of banks. Features of application to banks of the rules of law determining the order of formation of the cost price of bank activity. Calculation of taxable base. The tax to profit of banks. Problems of application of positions of the Tax code to activity of banks. Concept, structure and an estimation of property of bank from positions of the taxation. Other taxes paid by banks.  Not tax payments of banks.
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