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Legal Status and Functions of the Bank of Russia
Article 75 of the Constitution of the Russian
Federation establishes a special constitutional and legal status of the Central
Bank of the Russian Federation and stipulates that it has the exclusive right
to issue currency (Part 1), and its main function is to protect the ruble and
guarantee its stability (Part 2). The status, objectives, functions and powers
of the Central Bank of the Russian Federation are also established by
the
Federal Law On the Central Bank of the Russian Federation (Bank of Russia) and
other federal laws.
Article 3 of the Federal Law On the Central Bank of
the Russian Federation (Bank of Russia) stipulates the objectives of the Bank
of Russia as follows: protecting the ruble and ensuring its stability,
developing and strengthening the banking system of the Russian Federation and
guaranteeing the efficient and uninterrupted functioning of the payment system.
A key element of the legal status of the Bank of
Russia is the principle of independence, which is manifest, above all, in that
the Bank of Russia officiates as a special public and legal institution with an
exclusive right to issue currency and manage currency circulation. It is not a
government structure and at the same time its powers are from the legal point
of view those of a body of the state power, because their exercise may require
taking measures of the state coercion. The functions and powers established by the
Russian Constitution and the Federal Law on the Central Bank of the Russian
Federation (Bank of Russia) are implemented by the Bank of Russia independently
from the federal, regional or local bodies of power. The independence of Bank
of Russia status is proclaimed in Article 75 of the Russian Constitution and
Articles 1 and 2 of the Federal Law on the Central Bank of the Russian
Federation (Bank of Russia).
The law-making powers of the Bank of Russia imply its
exclusive rights to issue normative acts binding on all federal, regional and
local bodies of power and all legal entities and private individuals in so far
as they are concerned with issues that fall within its competence under the
Federal Law On the Central Bank of the Russian Federation (Bank of Russia) and
other federal laws. In compliance with the Constitution of the Russian
Federation, the Bank of Russia has no right to initiate legislation, but its
participation in the law-making process is guaranteed by the procedure
requiring The Bank's of Russia opinion on draft federal laws and federal government
resolutions relating to the implementation by the Bank of Russia of its
functions.
The Bank of Russia is a legal entity. Its authorised capital
and other property are in federal ownership, but at the same time the Bank of
Russia has proprietary and financial independence. The powers to own, use and
manage The Bank of Russia's property,
including international reserves, are exercised by the Bank of Russia only, in
accordance with the objectives and using the procedure set by the Federal Law
on the Central Bank of the Russian Federation (Bank of Russia). No property
owned by the Bank of Russia may be confiscated or encumbered without its
consent, unless otherwise is stipulated by the federal law. The financial
independence of the Bank of Russia implies that the Bank of Russia makes its
expenditures out of its own revenues. The Bank of Russia may defend its
interests in court, including international courts, courts of foreign states
and courts of arbitration.
The government is not liable for The Bank of Russia's
obligations, just as the Bank of Russia is not liable for government
obligations, unless they have assumed such obligations or unless the federal
laws stipulate otherwise. The Bank of Russia is not liable for the obligations
of credit institutions, while credit institutions are not liable for The Bank of
Russia's obligations, unless the Bank of Russia or credit institutions have
assumed such obligations.
The Bank of Russia is accountable to the State Duma of
the Federal Assembly of the Russian Federation, which appoints and dismisses Chairman
of the Bank of Russia (upon the request of President of the Russian Federation)
and members of the Bank of Russia's Board of Directors (upon the request of The Bank
of Russia's Chairman, agreed with President of the Russian Federation); delegates
to and recalls from the Bank of Russia National Banking Board State Duma
representatives within its quota and also considers the guidelines for the
single state monetary policy and the Bank of Russia's annual report and makes
decisions on them. Upon the proposal of the Bank of Russia National Banking Board,
the State Duma may order an inspection of the financial and other economic
activities of the Bank of Russia and its departments and branches by the Audit
Chamber of the Russian Federation. In addition, the State Duma holds
parliamentary hearings on the activities of the Bank of Russia with participation
of its representatives and also hears reports by Bank of Russia Chairman on the
activities of the Bank of Russia in the course of discussing the annual report
and guidelines for the single state monetary policy.
The Bank of Russia performs its functions in
compliance with the Constitution of the Russian Federation and
the Federal
Law On the Central Bank of the Russian Federation (Bank of Russia) and
other federal laws. Under Article 75 of the Russian Constitution, the principal
function of the Bank of Russia is to protect the ruble and guarantee its
stability,
while issuing currency is an exclusive right of the Bank of Russia. Under
Article 4 of the Federal Law On the Central Bank of the Russian Federation (Bank of
Russia), the Bank of Russia performs the following functions:
- elaborates and pursues
a single state monetary policy in interaction with the Government of the Russian
Federation;
- exercises its
exclusive right to issue currency and manages currency circulation;
- acts as the lender of last resort for credit institutions and manages the system of refinancing
them;
- sets the rules to
effect settlements in the Russian Federation;
- sets the rules to
conduct banking operations;
- manages all
categories of budget accounts, unless otherwise is stipulated by federal laws,
by effecting settlements upon the instruction of authorised bodies of executive
power and government extra-budgetary funds responsible for organising budget
execution and executing them;
- efficiently
manages Bank of Russia international reserves;
- makes decisions
on the state registration of credit institutions, issues banking licences to
credit institutions and suspends and revokes them;
- supervises the
activities of credit institutions and banking groups;
- registers the
issue of securities by credit institutions in compliance with federal laws;
- conducts on its
own or on the instruction of the Russian Government all kinds of banking
operations and other transactions necessary for the fulfilment by the Bank of
Russia of its functions;
- organises and
implements foreign exchange regulation and foreign exchange control in
compliance with federal legislation;
- establishes the
procedure for effecting settlements with international organisations, foreign
states and also legal entities and private individuals;
- sets the
accounting and reporting rules for the Russian banking sector;
- sets and
publishes the official exchange rates of foreign currencies against the ruble;
- participates in
drafting the Russian balance of payments forecast and organises the compiling
of the balance of payments of the Russian Federation;
- establishes the
procedure and terms and conditions for the organisation by foreign currency
exchanges of operations to buy and sell foreign exchange and issues, suspends
and revokes permits granted to currency exchanges to organise operations to buy
and sell foreign exchange. (The Bank of Russia will issue, suspend and revoke
permits granted to currency exchanges to organise operations to buy and sell
foreign exchange once the federal law amending the Federal Law on the
Licensing of Individual Kinds of Activity comes into force);
- analyses and
makes forecasts on the state of the
Russian economy as a whole and by region, especially with regard to monetary, foreign
currency, finance and price relationships, and publishes corresponding
materials and statistical data;
- performs other
functions in pursuance of federal laws.
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