Legal regulation of non-cash payments in the Russian Federation. Non-cash circulation and settlements Normative legal regulation of non-cash payments

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" Legal regulation of cashless payments inRussian Federation"

Introduction

The totality of settlement legal relations carried out on various legal and economic grounds forms a nationwide national money circulation and, in this capacity, is an object state regulation carried out by the Bank of Russia on the basis of powers granted by law.

The banking system as an integral element of the country's financial and credit system, interacting with other elements, performs such a specific function as the organization of cashless transactions.

Non-cash funds are the result of the reflection of cash funds emitted by the Bank of Russia and representing the obligations of the Bank of Russia on accounting accounts for the purpose of technical support for credit and settlement, payment, treasury, cash and other services for users of the payment system of the Central Bank of the Russian Federation of all types. As a means of payment, money acquires properties, qualities and features of circulation that are not characteristic of other things and objects of property, arising initially at the time of issue and accompanying their turnover in the future, which is the central subject of financial and legal regulation.

Thus, the financial and legal nature of non-cash payments is due to the role of non-cash money as an element of the system monetary circulation, the definition and regulation of all essential characteristics of which, including purchasing power, are carried out by the state represented by the Bank of Russia as a state body with special competence.

Consequently, money, regardless of the form of their existence, primarily acts as a financial and legal category and, in the same capacity, participates in civil circulation, their financial and legal regime is decisive. The relevance of the topic is due to the importance of the legal regulation of cashless payments for solving legal and economic problems, both private and public, since the existence of a modern economy based mainly on cashless payments and sustainable functioning state system money circulation is impossible without the corresponding needs economic development society of comprehensive and up-to-date legal regulation of non-cash payments.

At the same time, non-cash payments in modern conditions are characterized, on the one hand, by the continuous development and modification of the technologies used in their commission, on the other hand, by the increased impact on them by the state, as a result of which an extensive array of financial and legal regulations relating to tax, currency, budget legislation, legislation on combating the legalization of proceeds from crime and the financing of terrorism. As a result, in a number of law enforcement situations, there is a discrepancy between legal regulation and the actual relations between the participants in cashless payments, internal inconsistency and conflict of law regulation, which leads to disunity in law enforcement practice. The purpose of the work: to understand the essence of the legal regulation of cashless payments in the Russian Federation.

Consider the concept of settlements and settlement relations;

Consider the legal regulation of non-cash payments;

Consider forms of non-cash payments.

1. The concept of settlements and settlement relations

Settlements are actions aimed at terminating or changing an obligation that has arisen; they are the most important element of compensatory property relations, i.e. such relations, the object of which is property (material wealth and property rights).

The current Russian legislation does not contain a legal definition of the concept of "settlements".

If we analyze the use cases this concept in various regulations, we can conclude that settlements mean the transfer (transfer) of funds in fulfillment of private law or public law obligations, as well as the subject of a transaction under real contracts.

Moreover, in this case, the concept of "obligation" is used in the meaning of any (and not just civil law) legal relationship, the subject of which is money. In this sense, this concept is used both in the Budget Code of the Russian Federation and in tax code RF.

Actions for the transfer (transfer) of funds may be referred to by the terms "settlement" or "payment".

Depending on the type of obligations in pursuance of which settlements are carried out, it is possible to distinguish between settlements on civil obligations, settlements on taxes and fees, settlements with the budget on non-tax payments, settlements related to the execution of the budget, settlements on wages and some others.

The entities classify the settlements of legal entities, individuals, and in some cases, the settlements of individual entrepreneurs. In addition, there are settlements involving residents and non-residents, as well as interbank settlements.

The payment currency is divided into ruble settlements and settlements in foreign currency.

According to the use of a special settlement tool, one can also single out settlements using bank (payment) cards.

Calculations can be done in two ways.

Firstly, by transferring cash (banknotes and coins) in the form of a personal delivery to a citizen or deposit to the cash desk of a legal entity, which refers to cash settlements.

Secondly, by transferring funds from one account to another in credit institutions, which is the essence of non-cash payments 11 Kurbatov A. Legal regulation of settlements in the Russian Federation // "Economy and Law", 2005, No. 9 .- P.4.

The emergence of settlement legal relations, that is, legal relations that develop in the course of settlements, is associated with the performance of actions aimed at fulfilling the main obligation.

In financial law, the main legal relations provided by settlements are:

a) relations on the payment of taxes and fees by taxpayers;

b) relations between the Russian Federation, constituent entities of the Russian Federation and municipalities on the allocation of interbudgetary transfers;

c) relations that exist in the form of expenditure obligations in accordance with Art. 84-86 BK RF.

Settlement legal relationship is a complex legal relationship that provides the main legal relationship; it is characterized by the following elements: specific subject composition, specific object, subject and content.

The settlement legal relationship has a subject composition that is different from the main legal relationship. It includes the subjects of both the main legal relationship and one or more credit institutions that transfer non-cash funds on a professional basis. As a rule, the participants in the settlement relationship are three credit institutions, such as: the payer's bank, the recipient's bank, and an intermediary bank that provides correspondent relations between the two banks.

The object of the settlement legal relationship is the actions of its participants for the proper implementation of the payment. The subject of the settlement legal relationship are non-cash funds. Cash cannot be the subject of a settlement legal relationship, since the participation of a credit institution is not required for cash settlements.

Thus, the settlement legal relationship in financial law is always integral part complex legal relationship. It exists in the form of an obligation and is secondary to the main legal relationship. The main legal relationship is understood as the relationship from which the obligation to make a payment arose. The main legal relationship determines the nature of the rights and obligations of the parties to conduct settlements, as well as the subject composition of the settlement legal relationship. The settlement legal relationship is characterized by a special subject composition - the presence of a credit institution that transfers non-cash funds on a professional basis 11 Shvakov EE Financial law. Educational and methodological complex - Gorno-Altaisk: GAGU, 2008.-S.183.

For the purposes of the normal functioning of entrepreneurial activity, the correct organization of settlements is of particular importance. Settlements in the Russian Federation are regulated by the norms of the current legislation, which define the principles, the procedure for settlements, the rights and obligations of the subjects of settlement legal relations.

2. Legal regulation of settlement relations in financial law

legal cashless payment

Settlement legal relations, being by their legal nature complex relationships, have always been regulated and regulated by the norms of various branches of legislation. Thus, we can talk about the complex legal regulation of settlement relations arising from financial and legal obligations.

The complexity of the legal regulation of settlement relations is expressed primarily in the system of regulatory legal acts. Settlement relations in financial law are regulated by acts of two levels.

1. The first level of legal regulation of settlement relations is Federal Laws.

Settlement relations are regulated primarily by banking legislation. In particular, the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia) (as amended on October 19, 2011) and the Federal Law of December 2, 1990 N 395-I "On Banks and Banking Activity" ( edition of 11/21/2011).

Of no small importance in the regulation of settlement relations arising from financial and legal obligations are the RF BC and the NKRF. Yes, Art. 244 of the RF BC defines the legal regime of the federal budget accounts. According to paragraph 1 of Art. 244 of the Code, the right to open and close accounts of the federal budget, determine their regime belongs to the Federal Treasury. In accordance with paragraph 3 of the same article, the accounts of the Federal Treasury with the Bank of Russia and credit institutions are maintained on the basis of agreements concluded and executed in accordance with the civil legislation of the Russian Federation, taking into account the specifics established by the RF BC.

The public law nature of the financial and legal regulation of settlement relations does not preclude the application of civil law to them. The property principles of settlement legal relations predetermine the fact that the main provisions on cashless payments are contained in the Civil Code of the Russian Federation. The rights and obligations of banks and customers in the implementation of the most commonly used settlement transactions are defined in Ch. 46 "Settlements" of the Civil Code of the Russian Federation. At the same time, the provisions of the Civil Code of the Russian Federation, which regulate relations that arise when banks fulfill customer orders for making payments, are of a framework nature and are supplemented and disclosed in the norms of other regulations.

The first level of legal regulation of settlement relations also includes other Codes and federal laws, such as: Administrative Code of the Russian Federation, Labor Code of the Russian Federation, federal laws of July 21, 1997. No. 119-FZ "On Enforcement Proceedings", dated October 26, 2002 No. 127-FZ "On insolvency (bankruptcy)".

These laws regulate certain particular issues related to financial and legal settlement legal relations. For example, the Law "On Insolvency (Bankruptcy)" provides for the procedure (priority) for writing off funds to pay tax debts from the current account of a legal entity that meets the signs of insolvency (bankruptcy). The Law “On Enforcement Proceedings” regulates the procedure for foreclosure on the debtor's funds (Article 46), including the procedure for foreclosure on the debtor's funds in foreign currency when calculating the debt in rubles (Article 47).

2. The second level of legal regulation of settlement relations is constituted by by-laws. Legal regulation of non-cash payments is carried out at the sub-legislative level by the Bank of Russia, which, when carrying out this activity, is independent and subject only to the law.

Among the acts adopted by the Central Bank of the Russian Federation, a special place is occupied by the Regulation on non-cash payments in the Russian Federation, approved by the Bank of Russia on October 3, 2002 No. 2-P (as amended by the instructions of the Bank of Russia dated December 12, 2011 N 2749-U) 11 Instruction of the Central Bank No. 2749-U, dated December 12, 2011, "On Amendments to the Bank of Russia Regulation No. 2-P, dated October 3, 2002, "On Cashless Payments in the Russian Federation" (Bulletin of the Bank of Russia, No. 72, December 21, 2011) (entered into effective from December 29, 2011). Special meaning of the act under consideration lies in the fact that it enshrined the basic institutional principles on which the legal regulation of settlement legal relations is built.

In the regulation of settlement relations arising from financial and legal relations, a certain role is played by by-laws adopted by the Ministry of Finance of Russia jointly with the Central Bank of the Russian Federation, which is due to the treasury execution of budgets and the transfer of accounts of budgets of all levels and accounts of budgetary organizations to personal accounts of budget recipients opened with the bodies of the Federal treasury.

According to Article 244 of the RF BC, the legal regime of the accounts of the Federal Treasury is determined by the Ministry of Finance of the Russian Federation, which has jurisdiction over the Federal Treasury. Educational and methodological complex - Gorno-Altaisk: GAGU, 2008.-S.183.

2.1 Legal basis for non-cash payments

Payments on the territory of Russia are carried out, as indicated, in the form of cash or non-cash payments. Most of Settlements between enterprises in the course of their activities are carried out in a non-cash way, that is, by transferring funds from the payer's account to the recipient's account.

In percentage terms, cash-money turnover is less than non-cash, and serves mainly the receipt and expenditure of monetary incomes of the population, as well as part of the payments of enterprises and organizations.

Any state, including the Russian Federation, is interested in reducing the volume of cash circulation and expanding non-cash forms of payment. In accordance with the Law on the Bank of Russia, the Bank of Russia sets the maximum amount of cash settlements in the Russian Federation between legal entities; settlements for an amount exceeding the established one should be made only in a non-cash manner. Cash settlements between legal entities under one transaction are carried out in the amount of not more than 100 thousand rubles cash desk of an individual entrepreneur "(as amended by the Instruction of the Central Bank of the Russian Federation of 04.28.2008 N 2003-U) .

Non-cash money circulation consists in writing off a certain amount of money from the account of one entity in a credit institution and crediting it to the account of another entity in the same or another credit institution, or in another form in which there is no cash as a means of payment.

Modern non-cash turnover in the Russian Federation is organized in accordance with the following principles:

1) enterprises of all forms of ownership are required to keep their funds in bank accounts;

2) the main part of non-cash payments should be carried out through the bank;

3) the demand for payment must be issued either before the shipment of goods (performance of work, provision of services) or after that;

4) payment by the client of the bank for the goods and services received is carried out by the bank only with the consent of the serviced legal or natural person;

5) forms of non-cash payment settlements are chosen by the organization at its discretion in accordance with the requirements of the law 22 Financial law: textbook / resp. ed. and ed. foreword prof. S.V. Zapolsky. - 2nd ed., corrected. and additional - M.: Law firm "Kontrakt": Wolters Kluver, 2011.- P.605.

In a market economy, non-cash payments play an important role in accelerating the turnover of funds, reducing cash, reducing distribution costs, etc. Consequently, not only the state of the monetary system, but also the economy of the state as a whole directly depends on the effectively organized and ordered system of non-cash payments with the help of legal norms.

The legal basis for non-cash payments in the Russian Federation is enshrined in financial and civil law. The main sources of legal regulation of non-cash money circulation include the Civil Code of the Russian Federation, as well as the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia) (Chapter XII “Organization of non-cash payments”).

Bank of Russia, in accordance with Art. 80 of this Law, is the body coordinating, regulating and licensing the organization of settlement, including clearing, systems in the Russian Federation. The Bank of Russia establishes the rules, forms, terms and standards for non-cash payments 11 Financial Law: Textbook / Ed. ed. N.I. Khimicheva. -- F59 3rd ed., revised. and additional - M.: Jurist, 2004. - S.693.

Forms of non-cash payments are determined by the rules established by the Bank of Russia in accordance with the legislation of the Russian Federation. Samples of payment documents used for non-cash payments on the territory of the Russian Federation - payment orders, bills of exchange, checks and others - are approved by the Bank of Russia.

The Central Bank of the Russian Federation, in accordance with the Civil Code of the Russian Federation, developed the Regulation "On non-cash settlements in the Russian Federation" dated October 3, 2002 No. 2-P (as amended on December 12, 2011), which regulates the implementation of non-cash settlements between legal persons in the currency of the Russian Federation and on its territory in the forms prescribed by law. The Regulation defines the formats, the procedure for filling in and processing the settlement documents used, and also establishes the rules for conducting settlement transactions on correspondent accounts (subaccounts) of credit institutions (branches), including those opened with the Bank of Russia, and accounts of interbranch settlements. This Regulation does not apply to the procedure for making non-cash settlements with the participation of individuals.

Civil Code of the Russian Federation established general provisions about calculations (ch. 46). Cashless payments in accordance with the Regulations and the Civil Code of the Russian Federation are carried out through credit institutions (branches) that have the appropriate licenses, and / or the Bank of Russia on accounts (Article 861 of the Civil Code of the Russian Federation) opened on the basis of a bank account agreement or a correspondent account (sub-account) agreement , unless otherwise established by law and not stipulated by the form of payment used.

Settlement transactions for the transfer of funds through credit institutions (branches) can be carried out using:

1) correspondent accounts (sub-accounts) opened with the Bank of Russia;

2) correspondent accounts opened with other credit institutions;

3) accounts of participants in settlements opened with non-bank credit institutions carrying out settlement operations;

4) accounts of interbranch settlements opened within one credit institution.

The obligation to make settlements when making payments with the participation of legal entities, as well as citizens-entrepreneurs in a non-cash manner, is established by paragraph 2 of Art. 861 part 2 of the Civil Code of the Russian Federation.

Non-cash cash settlement services settlements between the following entities:

Enterprises, institutions and organizations of various forms of ownership that have accounts with credit institutions;

legal entities and credit institutions on obtaining and repaying a loan;

Legal entities and the population when paying wages, income from securities;

Individuals and legal entities with the state treasury to pay taxes, fees and other obligatory payments, as well as to receive budgetary funds.

Forms of settlements between the payer and the recipient of funds are determined by the agreement (agreement, separate agreements).

There are two groups of non-cash circulation:

1) on commodity transactions - include non-cash payments for goods and services;

2) for financial liabilities - include payments to the budget (profit tax, VAT and other obligatory payments) and off-budget funds, repayment of bank loans, payment of interest on a loan, settlements with insurance companies 11 Eriashvili N.D. Financial Law.- M.: UNITA-DANA, 2011.- P.470.

In accordance with the Banking Law, opening and maintaining bank accounts of individuals and legal entities, as well as making settlements on behalf of individuals and legal entities, including on behalf of correspondent banks on their bank accounts, are banking operations.

The legislation provides for the possibility of opening various types of bank accounts. The main types of bank accounts are settlement and current.

The Law on the Bank of Russia (Article 80) establishes that the total period of non-cash settlements should not exceed two business days within the subject of the Russian Federation, five business days - within the Russian Federation. Shorter terms for making non-cash payments may be established by the contract and customs of business turnover.

Banks carry out operations on accounts on the basis of settlement documents, which are understood as issued in the form of documents on paper or, in established cases, electronic payment documents:

Orders of the payer (client or bank) to write off funds from his account and transfer them to the account of the recipient of funds;

Instructions of the recipient of funds (collector) to write off funds from the payer's account and transfer them to the account specified by the recipient of funds (collector).

Funds can be debited from a bank account, as a rule, only at the appropriate order of the client. Write-off of funds without his order is carried out by a court decision and in cases provided for by law. Direct debiting from a bank account is also possible in cases stipulated by an agreement between a client of a credit institution and its counterparty under the relevant agreement.

Settlement documents must be drawn up taking into account the requirements of the Regulations on non-cash payments in the Russian Federation, within the limits of funds available on the account, unless otherwise provided in the agreement concluded between the credit institution and its client. If the funds on the account are insufficient to satisfy all the requirements presented to it, the funds are debited as they are received in the order established by Art. 855 of the Civil Code of the Russian Federation 11 Financial law: textbook / otv. ed. and ed. foreword prof. S.V. Zapolsky. - 2nd ed., corrected. and additional - M.: Law firm "Kontrakt": Wolters Kluver, 2011.- P.614.

When making cashless payments, the following settlement documents are used:

a) payment orders;

b) letters of credit;

d) payment requests;

e) collection orders.

The procedure for issuing, receiving, processing electronic payment documents and carrying out settlement transactions using them is regulated by separate regulations of the Bank of Russia (except for the cases specified in the Regulations) and agreements concluded between the Bank of Russia or credit institutions and their clients that determine the procedure for the exchange of electronic documents using information security tools.

2.2 Cashless payments with individuals

The regulation on non-cash payments in the Russian Federation was approved by the Central Bank of the Russian Federation on October 3, 2002 No. 2-P. does not apply to the procedure for making cashless payments with the participation of individuals. The procedure for making cashless settlements with individuals is established by part 2 of the Civil Code of the Russian Federation, the Federal Laws “On the Central Bank of the Russian Federation (Bank of Russia)”, “On Banks and Banking Activities” and the Regulations on the Procedure for Making Cashless Settlements by Individuals in the Russian Federation, approved by the Central Bank RF 01.04.2003 No. 222-P.

Non-cash payments are made by individuals through credit institutions and their branches licensed by the Central Bank of the Russian Federation, which provides for the opening and maintenance of bank accounts for individuals and (or) the implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders).

When making non-cash settlements on current accounts by individuals, the forms of non-cash settlements established by law (settlements by payment orders, settlements under a letter of credit, settlements by checks, settlements by collection) may be used, taking into account the specifics provided for by the above Regulation.

The debiting of funds from the current account of an individual is carried out by the bank by order of the account holder or without his order in cases provided for by law, on the basis of settlement documents within the limits of funds available on the account.

Without opening a bank account, operations are performed to transfer funds received from individuals, not related to their entrepreneurial activities, in favor of legal entities and individuals 11 Shupletsova, Yu. I. Financial law: lecture notes. -- 3rd ed. add. and reworked. - M.: Yurayt-Izdat, 2009. -S.160.

2. 3 Forms of non-cash payments

Forms of non-cash payments and the conditions for their use are discussed in Chapter 1 of the Regulations on non-cash payments in the Russian Federation, approved by the Central Bank of the Russian Federation of 03.10.2002 No. 2-P. The legal basis for non-cash payments is defined in Ch. 46 of the Civil Code of the Russian Federation - Settlements.

In accordance with Art. 862 of the Civil Code of the Russian Federation “Forms of non-cash payments”, non-cash payments between business entities can be made in the following forms: settlements by payment orders; settlements under a letter of credit; settlements by checks; collection settlements; in other forms provided for by law, banking rules established in accordance with it and business practices applied in banking practice.

Let's take a closer look at some of these forms.

Settlements by payment orders (Fig. 1).

This form of non-cash payments allows the organization - the owner of the current account to transfer funds to the account of the organization - the recipient of funds, for example, to the bank account of a supplier of goods or services. The conditions for the execution of payment orders by the bank, liability for non-performance or improper performance are defined in Article 863 of the Civil Code of the Russian Federation-Article 866 of the Civil Code of the Russian Federation.

Rice. 1. Settlements by payment orders

A payment order is an order of the account holder (payer) to the bank serving him, drawn up by a settlement document, to transfer a certain amount of money to the account of the recipient of funds opened in this or another bank.

Payment orders can be made:

Transfers of funds for goods supplied, work performed, services rendered;

Transfers of funds to the budgets of all levels and extra-budgetary funds;

Transfers of funds for the purpose of repayment / placement of credits (loans) / deposits and payment of interest on them;

Transfers of funds for other purposes provided for by law or an agreement.

The payment order is valid for 10 days, not counting the day of its issuance.

Settlements by payment orders are the simplest form of payment. Currently, about 90% of settlement transactions in the Russian Federation are made using payment orders.

Letters of credit payments. Legal regulation of the settlement of letters of credit is carried out by § 3 Ch. 46 of the Civil Code of the Russian Federation and Ch. 4 - 6 of Part I of the Regulations on non-cash payments in the Russian Federation

A letter of credit is a conditional monetary obligation accepted by a bank (hereinafter referred to as the issuing bank) on behalf of the payer, to make payments in favor of the recipient of funds upon presentation by the latter of documents corresponding to the terms of the letter of credit, or to authorize another bank (hereinafter referred to as the executing bank) to make such payments. The letter of credit is intended for settlements with one recipient of funds.

This form of settlement is a method of non-cash settlements between counterparties, in which, when making settlements under a letter of credit, the bank acting on behalf of the payer to open a letter of credit (issuing bank) undertakes to make payments in favor of the recipient of funds upon presentation by him of documents that meet all the conditions of the letter of credit, or authorize another bank (executing) to make such payments. The executing bank may be the issuing bank, the receiving bank or another bank.

A letter of credit is one of the most complex and at the same time reliable forms of payment, which, due to various inconsistencies in the legislation, is little used in Russia. Meanwhile, in international trade, it is one of the most popular forms of cashless payments, allowing counterparties to feel protected from improper actions of the other side. Under optimally formulated conditions and requirements for the documents against which it is paid, a letter of credit provides the buyer with the maximum guarantee of receiving the goods (works, services) specified in it. The executing bank is responsible for the correctness of the disbursement of funds, which is obliged to check the availability and compliance with the letter of credit of the documents indicated as grounds for the disbursement of funds. To strengthen control over the correct payment of funds, the main contract and the application for a letter of credit may provide for a condition on the acceptance of a letter of credit given by the buyer's representative to the nominated bank. The representative of the buyer, located at the place of dispatch of the goods, personally checks the fact and correctness of the shipment and accepts the payment under the letter of credit 11 Commodity turnover. Right. Practice. Regulation trends. Meteleva Yu. A. Jurisprudence. 2008. -p.88.

Banks can open the following types of letters of credit:

Covered (deposited) and uncovered (guaranteed);

Revocable and irrevocable (can be confirmed).

When opening a covered (deposited) letter of credit, the issuing bank transfers the amount of the letter of credit (coverage) at the expense of the payer or the credit provided to him at the disposal of the executing bank for the entire period of the letter of credit. When opening an uncovered (guaranteed) letter of credit, the issuing bank grants the executing bank the right to write off funds from its correspondent account within the amount of the letter of credit.

Revocable (clause 1, article 868 of the Civil Code of the Russian Federation) is a letter of credit that can be changed or canceled by the issuing bank on the basis of a written order of the payer without prior agreement with the recipient of funds. Irrevocable (clause 1, article 869 of the Civil Code of the Russian Federation) is a letter of credit that can be canceled only with the consent of the recipient of funds.

The obligations and liability of the bank when working with revocable, irrevocable letters of credit are defined in Article 867 of the Civil Code of the Russian Federation - Article 873 of the Civil Code of the Russian Federation.

The terms of the letter of credit may provide for the acceptance of a person authorized by the payer. The recipient of funds may refuse to use the letter of credit before its expiration, if the possibility of such refusal is provided for by the terms of the letter of credit. The procedure for settlements under a letter of credit is established in the agreement. Figure 2 shows the scheme of the letter of credit form of payment.

Rice. 2. Letter of credit

The requirements for the form of a letter of credit are established by clause 5.2 of the Regulations on non-cash payments in the Russian Federation only for a letter of credit on paper. Letter of the Central Bank of the Russian Federation of 18.08.2010 N 14-27/447 on non-cash payments in the Russian Federation to the details of the letter of credit and ensure the accuracy of the information. The procedure for transferring a letter of credit in electronic form is determined by agreement between the issuing bank and the executing bank. Settlements by checks (Fig. 3). A check is a security containing an unconditional order to the bank to pay the amount specified in it to the counterparty in whose favor the check was issued (the check holder who presented the check for payment). A check can be issued by a counterparty (drawer) who has cash in the bank. The procedure for payment, transfer of rights by check, payment guarantees, liability for non-fulfillment of obligations are regulated by Article 877 of the Civil Code of the Russian Federation - Article 885 of the Civil Code of the Russian Federation and Ch. 7 Regulations on non-cash payments in the Russian Federation.

Rice. 3. Payments by checks

A check drawer is a legal entity that has funds in a bank that it has the right to dispose of by issuing checks, a check holder is a legal entity in whose favor a check is issued, a payer is a bank in which the drawer's funds are located. The check is paid by the payer at the expense of the drawer's funds. The drawer is not entitled to withdraw the check before the expiration of the established period for presenting it for payment.

Settlements for collection. Collection settlements are a banking operation through which the bank (hereinafter referred to as the issuing bank), on behalf of and at the expense of the client, on the basis of settlement documents, performs actions to receive payment from the payer.

This form of non-cash payments allows the organization to receive funds from the payer through the servicing bank both at the order of the payer (with acceptance) or without his order (without acceptance), and with the help of collection orders, payment for which is made without the order of the payer (in an indisputable manner) 11 Shvakov E.E. Financial law. Educational and methodological complex - Gorno-Altaisk: GAGU, 2008.-S.184-187. The legal basis for collection settlements is regulated by Art. 874 of the Civil Code of the Russian Federation - Art. 876 of the Civil Code of the Russian Federation and Ch. 8 Regulations on non-cash payments in the Russian Federation.

The listed forms of non-cash payments are used at the discretion of the bank's customers in accordance with the terms of the banking service agreement.

Conclusion

At the present stage of development of the banking system in the payment system of the Russian Federation, the volume of payments made in a non-cash manner, using bank accounts opened for customers in credit institutions (their separate divisions) and the Bank of Russia, has significantly increased.

Settlement legal relations arise on the basis of settlement transactions made by customers and their banks, the set of standard rules for the conclusion and execution of which traditionally bears the name of non-cash settlement forms in the literature. The most common form of non-cash payments is a payment order, otherwise known as a credit transfer. The object of settlement legal relations are non-cash funds, the legal nature of which, first of all, is due to their role in the system of state monetary circulation. Non-cash funds are the result of the reflection of cash funds emitted by the Bank of Russia and representing the obligations of the Bank of Russia on accounting accounts for the purpose of technical support for credit and settlement, payment, treasury, cash and other services for users of the payment system of the Central Bank of the Russian Federation of all types. As a means of payment, money acquires properties, qualities and features of circulation that are not characteristic of other things and objects of property, arising initially at the time of issue and accompanying their turnover in the future, which is the central subject of financial and legal regulation. The predominance of public law regulation in the field of non-cash payments allows us to conclude that non-cash payments belong to financial law and that the latter enters the system as an independent institution - a structural element of the sub-branch of emission law.

Bibliography

1. Civil Code of the Russian Federation Part 2 dated January 26, 1996 No. 14-FZ (as amended on November 28, 2011).

2. Regulation of the Central Bank of the Russian Federation dated 03.10.2002. No. 2-P "On non-cash payments in the Russian Federation" (as amended on December 12, 2011)

3. Regulation of the Central Bank of April 1, 2003 N 222-P "On the procedure for making cashless payments by individuals in the Russian Federation" (as amended and supplemented)

4. Letter of the Central Bank of the Russian Federation dated August 18, 2010 N 14-27 / 447 "On the issues of settlements under letters of credit in rubles"

5. Ordinance of the Central Bank of Russia dated June 20, 2007 N 1843-U “On the maximum amount of cash settlements and spending cash received by the cash desk of a legal entity or the cash desk of an individual entrepreneur” (as amended by the Instruction of the Central Bank of the Russian Federation of April 28, 2008 N 2003 -U)

6. Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" (as amended on October 19, 2011)

7. Federal Law No. 395-I of December 2, 1990 "On Banks and Banking Activity" (as amended on November 21, 2011)

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The concept and legislative regulation of non-cash payments. The concept and content of settlements by payment orders. Conditions for the execution of a payment order by the bank. Liability for non-execution or improper execution of a payment order.

Cashless circulation and cashless payments

The concept and meaning of settlement legal relations

Settlements are carried out either directly between the parties to the paid property relationship, or with the participation of an additional entity - a credit institution. Settlement relations are regulated by the norms of various branches of law, first of all, by the norms of financial and civil law, which together form a complex institution of law. The most important regulations governing this area of public relations are the Civil Code of the Russian Federation (Art. "On the Central Bank of the Russian Federation (Bank of Russia)", "On banks and banking activities", various regulations of the President and the Government of the Russian Federation and regulations of the Bank of Russia.

Cashless circulation

Non-cash circulation is the amount of payments made by transferring funds to bank accounts in a non-cash form, that is, in the form of entries on accounts.

Cashless payments

Benefits of cashless payments:

§ control of cash flow;

§ expansion of credit opportunities of the banking system;

§ non-cash turnover accelerates the turnover of funds and the turnover of material resources.

The value of non-cash payments is great, because:

§ non-cash payments contribute to the concentration of financial resources in banks. Temporarily free funds of enterprises stored in banks are one of the sources of lending;

§ non-cash payments contribute to the normal circulation of funds in the national economy;

§ a clear distinction between non-cash and cash turnover creates conditions that facilitate the planning of money circulation and non-cash money turnover. The expansion of the sphere of non-cash circulation makes it possible to more accurately determine the size of the issue and withdrawal of cash from circulation.

Principles of non-cash payments

1. The first principle is the legal regime for making settlements and payments.

2. The second principle is the implementation of settlements on bank accounts.

3. The third principle is maintaining liquidity at a level that ensures uninterrupted payments.

4. The fourth principle is the presence of an acceptance (consent) of the payer for payment.

5. The fifth principle is the principle of urgency of payment.

6. The sixth principle is the control of all participants over the correctness of settlements, compliance with the established provisions on the procedure for their implementation.

7. The seventh principle is property responsibility for compliance with contractual terms.

Legal regulation of cashless payments

The rules for conducting non-cash payments are established by the Central Bank of the Russian Federation. Currently, the Regulation on non-cash payments in the Russian Federation, approved by the Central Bank of the Russian Federation on April 12, 2001 No. 2-P, is in force. This provision contains the rules for making cashless payments for legal entities.

For non-cash payments, credit institutions open customer accounts and conclude an agreement between the bank and the customer.

For interbank non-cash settlements, banks open correspondent accounts with other banks. In addition, for interbank settlements and other operations, each bank has a correspondent account with the Central Bank of the Russian Federation.

Bank customers have the right to open the following types of bank accounts in any bank without limitation:

§ checking account. It is opened by commercial enterprises and organizations that operate on the principle of self-sufficiency. In the case of opening several current accounts, one of them is allocated, which will be called the “current account for the main activity”;

§ current accounts. They are opened by legal entities, enterprises, organizations, institutions whose activities are financed from the budget. This non-profit organizations(schools, institutes, etc.);

§ for organizations and legal entities who are systematically tax debtors, a non-payer tax account is opened in addition to the existing accounts. In this case, operations on the current account and current accounts are terminated, and all receipts are reflected in the tax evader's account. Tax debts are paid from this account.

Write-off of funds on accounts is carried out:

§ by order of the owner;

§ without the order of the account holder, but only in those cases that are provided for by law, i.e. in an indisputable manner;

§ between the payer and the recipient;

§ between the bank and the payer.

The procedure for debiting funds from the account involves the use of settlement agreements. Forms of settlement agreements are established by the regulation approved by the Central Bank of the Russian Federation.

Payment from the account is made within the balance of funds on it. But if the bank and the client enter into a loan agreement, then the bank undertakes, to some extent, to pay for the client's payment documents in the absence of a balance of funds in the account, that is, a loan.

Settlement documents

Banks carry out operations on accounts on the basis of settlement documents.

A settlement document is a paper-based document or, in established cases, an electronic payment document:

§ order of the payer (client or bank) to write off funds from his account and transfer them to the account of the recipient of funds;

§ an order from the recipient of funds (collector) to write off funds from the payer's account and transfer them to the account specified by the recipient of funds (collector).

The following settlement documents are used in the Russian Federation:

§ money orders;

§ payment requirements of the order;

§ letter of credit;

§ collection order;

§ electronic payments.

Settlement documents are accepted by the bank for execution during the banking day.

The period of validity of settlement documents is limited and is 10 days, not counting the day of its signing.

It is assumed that the client of the bank can withdraw his settlement documents.

The terms for the passage of payments through banks are established:

§ 5 days between subjects of the Russian Federation;

§ 2 days within one subject.

Civil Code of the Russian Federation in Art. 862 establishes the most common forms of non-cash payments. Non-cash payments between business entities can be made in the following forms: payment orders, letters of credit, checks, collection settlements, bills of exchange.

Ministry of Education and Science of Russia

federal state budgetary educational institution

higher vocational education

"St. Petersburg State Technological Institute

(Technical University)"

UGS 080000 Economics and Management

Field of study 080200.62, Management

Profile Marketing

Faculty of Economics and Management

Department of Management and Marketing

Academic discipline Finance

St. Petersburg

Introduction. 3

1. Legal basis for settlements. 3

1.1 The concept and legal regulation of cashless payments. 3

1.2 Principles of cashless payments. 7

2. System of cashless payments 8

2.1 Settlements by payment orders. 8

2.2 Settlement of letters of credit.. 9

2.3 Payments by checks. eleven

2.4 Settlements for collection. 12

2.5 Settlement by payment claims. 12

2.6 Settlements by collection orders. 13

3 Problems of practice and prospects for the development of cashless payments. fourteen

3.1 Problems of cashless payments and possible solutions. fourteen

3.2 Prospects for the settlement system. 16

Conclusion. eighteen

References.. 20

Introduction

The most important condition for the functioning of the economy is the reliability of the payment system. The payment system ensures the dynamics and stability of economic turnover through the transfer of funds from one economic agent to another.

An effective system of cashless payments makes it possible to speed up payments as much as possible, especially between payers geographically separated over long distances, increase the security of settlements, lead to the replacement of cash and reduce distribution costs, i.e. to reduce the cost of printing cash, their transportation, counting and storage.

The payment system is a complex of organizations and institutions, a set of tools and procedures necessary for cash settlements arising in the process of production and sale of goods and services.

A stable and fast system of payments and settlements is a necessary prerequisite for the effective functioning of the entire national economic mechanism, all its sectors, economic institutions and individual business entities

In accordance with the legislation, the Bank of Russia provides a clear management of the payment system, setting the main goal of the need to ensure its efficiency, stability, reliability and security. The Bank of Russia is not only a participant in the payment system, it also coordinates, regulates and licenses settlement and clearing systems, and establishes the rules for making cashless payments.

Under market economic conditions, settlements through a bank should be determined by economic feasibility, combined with the economic independence of market entities and their financial responsibility for their actions.

Legal basis for settlements

The concept and legal regulation of cashless payments

The legal nature of cash has a dual character. On the one hand, money is considered in the literature as a (bodily thing), as a movable, replaceable and consumed thing.

On the other hand, money appears in civil law transactions simply as this or that number of units of value.

Non-cash payments are usually understood as the procedure for fulfilling monetary obligations through professional financial intermediaries, which are most often banks, other non-bank credit organizations, communications organizations, etc.

It cannot be said that non-cash payments are payments made in the absence of cash. The latter may be present both at the initial and at the final stage of non-cash payments, if this is not prohibited by law.

Under non-cash payments, it is necessary to understand any operations of banks to receive or transfer money, which are carried out by them on behalf of the clientele by making entries in the relevant accounts. As a result of multiple non-cash payments, entries in the bank accounts of the clientele acquired some monetary functions and became known as non-cash (credit) money.

The question of the legal nature of non-cash money is controversial. Until about the middle of the 20th century. jurists studied mainly cash. With regard to non-cash money, which began to be widely used in civil circulation, it was concluded that they are the rights of the client's claim to the bank.

In the legal literature, even such points of view appeared that completely denied the objective nature of non-cash money: "The concept of "non-cash money" is an invention of economists."

However, in the mid 90s. 20th century in contrast to the dominant point of view on the legal nature of non-cash money, its antipode appeared - the real-law theory of non-cash money and non-documentary securities.

Its essence lies in the fact that non-cash money and book-entry securities have a mixed property-obligatory legal regime. By their original nature, they are claims on the bank. However, due to legal fiction, the legislator extends to non-cash money and non-documentary securities certain methods of legal regulation of real legal relations.

Settlements by offsetting counterclaims are carried out without the participation of money, both cash and non-cash. In practice, they can be drawn up using the construction of Art. 410 of the Civil Code (offset of mutual claims), and through bilateral or multilateral clearing. From a legal point of view, clearing is a complex legal phenomenon, at a certain stage of which an obligation is novated in the form of a delegation.

Cashless payments are regulated by Ch. 46 of the Civil Code, which determined the main forms of non-cash payments, as well as a number of regulatory acts of the Bank of Russia. The most famous of them are: Regulation of the Central Bank of the Russian Federation of October 3, 2002 N 2-P "On non-cash payments in the Russian Federation", Regulation of the Central Bank of the Russian Federation of March 26, 2003 N 221-P "On the procedure for acceptance and execution by credit institutions, divisions Settlement Network of the Bank of Russia of Executive Documents Presented by Collectors - Individuals", Regulation of the Central Bank of the Russian Federation of April 1, 2003 "On the procedure for making cashless payments by individuals in the Russian Federation".

During settlement transactions between credit institutions and their clients, special legal relations arise, which are called settlement relations in the literature. They acquire a certain independence from the main contract between the payer and the recipient of funds, according to which settlements are made, due to the discrepancy between the subject composition of these legal relations.

Settlement transactions can be carried out by banks both in pursuance of a bank account agreement, and in its absence, unless otherwise provided by law.

Settlement legal relations arise on the basis of settlement transactions made by clients and their banks, the set of standard rules for the conclusion and execution of which (settlement mechanism) is traditionally referred to in the literature as forms of non-cash settlements.

Forms of settlements differ in the type of settlement document, the procedure for document circulation, as well as the presence or absence of conditions for providing money at the disposal of the payee. In Art. 862 of the Civil Code lists the following forms of non-cash payments: settlements by payment orders, collection, letter of credit, check.

The concept of the form of non-cash payments is not synonymous with a settlement transaction. Considering that during non-cash payments, money passes through several accounts, all forms of settlements must inevitably consist of several settlement transactions.

Each such settlement transaction, as a rule, is aimed at the execution of the corresponding bank account agreement. In some cases, settlement transactions can be made in the absence of a bank account agreement (clause 2, article 863 of the Civil Code). It is proposed to understand a settlement transaction as any civil law transaction carried out by participants in the cashless settlement system (banks and their clients) within a certain form of cashless payments and aimed at moving (transferring) non-cash assets from one client account to another account owned both by him, as well as to a third party.

Thus, Chapter 46 of the Civil Code regulates only non-cash payments in cash. It should be borne in mind that non-cash payments are possible using any type of property values (assets), for example, non-documentary securities, non-cash gold, etc. The nature of such non-cash payments (as well as the settlement mechanism) is the same. However, in the Russian Federation, other types of non-cash payments are regulated by special legislation.

Settlement transactions can be both bilateral and unilateral. Thus, when settling with payment orders, bilateral settlement transactions are: an agreement between the payer and the bank serving him on a credit transfer of funds and an agreement between the payer's bank and an intermediary bank on a credit transfer of funds.

Bilateral settlement transactions (contracts) are consensual and causal.

The parties to any settlement transaction are customers who settle their obligations and banks servicing them. However, with regard to each form of settlement, the parties to settlement transactions may bear special names according to their role in settlement transactions.

The current legislation establishes strict requirements for the form of settlement documents, which, however, differ depending on whether they are drawn up on paper or electronic media.

Forms of settlement documents on paper are approved by Regulation N 2-P. Features of the application of the forms established by it for individuals are determined by the Regulation of the Central Bank of the Russian Federation of April 1, 2003 N 222-P "On the procedure for making cashless payments by individuals in the Russian Federation" and the Regulation of the Central Bank of the Russian Federation of March 26, 2003 N 221-P "O the procedure for acceptance and execution by credit institutions, subdivisions of the settlement network of the Bank of Russia of executive documents presented by recoverers - individuals.

Unlike legal entities, individuals have the right to either independently fill out the forms of settlement documents established by the Bank of Russia, or entrust the execution of forms on their behalf to a servicing bank on the basis of an application-instruction.

Features of the form of settlement transactions made in electronic form are established by a number of special rules of the Bank of Russia.

Depending on the method used to transfer information about payments (electronic or "paper"), as well as the forms of payment, customers must fill in the forms of the relevant settlement documents. The specified procedure for processing settlement transactions is a feature of Russian legislation.

For the implementation of settlement transactions, the legislation establishes the terms of two types: the terms of operations on the account and the terms of non-cash payments.

For the initiator of the payment, most often it does not matter in what terms each transaction included in one form or another of non-cash payments will be completed separately. Usually he is interested in the speedy completion of the entire settlement operation as a whole.

That is why the legislation regulates the general period of non-cash payments, which is understood as the period of time from the beginning of the first transaction to the end of the execution of the last transaction included in the corresponding form of non-cash payments. It is this general term for non-cash payments that is established by Art. 80 of the Law on the Bank of Russia. It cannot exceed two business days - within the subject of the Federation, five business days - within the Russian Federation.

Most settlement transactions are paid. The bank account agreement, in pursuance of which they are carried out, as a rule, contains a condition on the payment by the client to the bank of remuneration for performing operations on the account (Article 851 of the Civil Code).

The obligation to make settlements when making payments with the participation of legal entities, as well as individual entrepreneurs in a non-cash manner, is established by paragraph 2 of Art. 861 of the Civil Code of the Russian Federation.

These settlements are made from bank accounts using settlement documents - issued in the form of paper documents or, in cases established by regulatory enactments, electronic payment documents * (1123):

Orders of the payer (client or bank) to write off funds from his account and transfer them to the account of the recipient of funds;

Instructions of the recipient of funds (collector) to write off funds from the payer's account and transfer them to the account specified by the recipient of funds (collector).

The settlement document must contain a number of mandatory details:

Name of the settlement document and form code according to OKUD OK 011-93;

Number of the settlement document, date, month and year of its issue;

Payment type;

Name of the payer and recipient of funds, their account numbers and taxpayer identification numbers (TIN);

Name and location of the payer's bank and the beneficiary's bank, their bank identification codes (BIC); correspondent account or sub-account numbers;

Purpose, amount and order of payment;

Type of transaction in accordance with the rules of accounting in the Bank of Russia and credit institutions located in the territory of the Russian Federation;

Signatures of persons authorized to manage the account and seal of the account holder.

Settlement documents drawn up in violation of the established requirements are not subject to acceptance for execution by credit institutions * (1124).

An electronic payment document (EPD) is a document that is the basis for making transactions on accounts opened in the Bank of Russia settlement network units and with Bank of Russia customers, signed with an electronic digital signature and having equal legal force with payment documents on paper, signed by authorized persons persons and certified by a seal * (1125).

Non-cash payments are carried out using certain forms: payment orders; letters of credit; collection and checks. In addition to the above, settlements can be carried out in other forms not directly prohibited by the current legislation. They are elected by business entities independently and are stipulated in contracts with counterparties and credit institutions.

A payment order is an order of the account holder (payer) to the bank serving him, executed by a settlement document, to transfer a certain amount to the account of the recipient of funds opened in this or another bank for the transfer of funds:

For goods supplied, work performed, services rendered;

To the budgets of all levels and extra-budgetary funds;

For the purpose of repayment (placement) of credits (loans)/deposits and payment of interest on them;

For other purposes provided for by law or an agreement (in particular, payment orders can be used for advance payment for goods, works, services or for making periodic payments).

Settlements by payment order are by far the most common form of settlement that meets the interests of both the payer and the recipient of funds, since the payer has the opportunity to make a payment, and the recipient of funds - to receive funds after the payer fulfills its obligations under the main contract (delivery of products, performance of work, provision of services). At the same time, this form of payment does not provide additional guarantees for the recipient of funds related to the obligatory receipt of payment in his favor.

The execution of the payment is initiated by the payer, who sends to the bank (another credit institution) serving him a settlement document - a payment order that meets the requirements of the current legislation.

The payer's bank writes off funds from the payer's bank account on behalf of the payer; sends a payment order to the bank servicing the recipient of funds (executing bank), which credits the funds received to the account of the client - recipient of funds and notifies its client of the receipt of funds to his account.

When settling under a letter of credit, the bank acting on behalf of the payer to open a letter of credit (issuing bank) undertakes to make payments in favor of the recipient of funds upon presentation by the latter of documents that meet all the conditions of the letter of credit, or authorize another bank (executing bank) to make such payments. The executing bank may be the issuing bank, the receiving bank or another bank. One of the features of a letter of credit is its isolation and independence from the main contract.

The following types of letters of credit are used in the Russian Federation:

Covered (deposited) - in which the issuing bank transfers at the expense of the payer's funds or the loan granted to him the amount of the letter of credit (coverage) at the disposal of the executing bank for the entire period of the letter of credit;

Uncovered (guaranteed) - in which the issuing bank grants the executing bank the right to write off funds from the correspondent account of the issuing bank maintained by it within the amount of the letter of credit or indicates in the letter of credit another method of reimbursement to the executing bank for the amounts paid under the letter of credit in accordance with its terms;

Revocable - letters of credit that can be changed or canceled by the issuing bank without prior notice to the recipient of funds;

Irrevocable - letters of credit that cannot be changed or canceled in this way.

A letter of credit is revocable, unless otherwise expressly stated in its text.

The terms of an irrevocable letter of credit are considered changed or an irrevocable letter of credit is considered canceled from the moment the executing bank receives the consent of the recipient of funds. Partial acceptance of changes in the terms of an irrevocable letter of credit by the recipient of funds is not allowed.

An irrevocable letter of credit, at the request of the issuing bank, can be confirmed by the executing bank with the assumption of an obligation, additional to the obligation of the issuing bank, to make payment to the recipient of funds upon presentation of documents corresponding to the terms of the letter of credit (confirmed letter of credit).

The letter of credit has certain features:

1) this is the only form of payment used in several forms;

2) only within the framework of the letter of credit, funds are deposited on a separate account, and their debiting is only for the purposes provided for in the letter of credit;

3) debiting of funds from a letter of credit is carried out against the submission by the recipient of funds to the executing bank of supporting documents;

4) the letter of credit is rather formal. A credit institution is entitled to write off funds from a letter of credit and credit them to the account of the recipient of funds only if the supporting documents submitted by the latter fully comply.

A letter of credit is most in line with the interests of the recipient of funds, since it provides him with an additional guarantee of payment. For the payer, this form of payment is unprofitable, since it forces the preliminary deposit of funds, their "blocking".

The initiator of a letter of credit transaction is also the payer, who sends a letter of credit to the bank serving him, which practically represents an application for making a payment through a letter of credit. Its most important requisite is an indication of the list of documents and the requirements for documents against which payment under the letter of credit will be made.

The issuing bank debits the funds from the client's bank account and deposits them in a separate account called "Letter of Credit". In accordance with the Regulation of the Bank of Russia N 2-P, the issuing bank has the right to execute a letter of credit transaction itself. Moreover, he is responsible for its proper implementation. At the same time, as a rule, banking operations for the transfer of funds from the "Letter of Credit" to the settlement account of the recipient of funds are carried out by another - the executing bank. After receiving a notice of the opening of a letter of credit in his favor, the recipient of funds fulfills his obligations under the main agreement (contract) concluded by him with the payer of funds, and sends documents confirming these actions to the executing bank. In turn, the executing bank exercises formal and logical control of the documents received, checking their compliance with the current legislation and the terms of the letter of credit. In full compliance with the above parameters, the executing bank debits the funds from the "Letter of Credit" and credits them to the bank account of the recipient of funds.

Settlements by checks in modern economic circulation are rather limited.

A check is a security containing an unconditional order of the drawer of the check to the bank to pay the amount specified in it to the holder of the check. A check drawer is a legal entity that has funds in a bank that it has the right to dispose of by issuing checks, a check holder is a legal entity in whose favor a check is issued, a payer is a bank in which the drawer's funds are located.

The route of payment using checks is "complicated" by the need for the payer to obtain a checkbook.

For this purpose, the payer applies to the credit organization serving him, where he draws up an application for issuing a checkbook to him. Together with a checkbook limited to a certain amount of money, the credit institution issues an identification card to the payer, which identifies the payer as the owner of the checkbook.

In the future, if it becomes necessary to pay for the goods delivered, work performed, services rendered, the check drawer shall transfer to the check holder a check filled in for a certain amount. The holder of a check presents a check for payment, as a rule, through a credit institution serving him. The amount specified in the check is debited from the bank account of the issuer and credited to the bank account of the holder of the check.

The procedure and conditions for the use of checks in the payment turnover are regulated by part two of the Civil Code of the Russian Federation, and in the part not regulated by it, by other laws and banking rules established in accordance with them.

Checks of credit institutions are not used for settlements through subdivisions of the settlement network of the Bank of Russia, but can be used by clients of the credit institution that issues these checks, as well as in interbank settlements if there is a correspondent relationship.

Such checks can be used in settlements on the basis of agreements concluded with clients and interbank agreements on settlements by checks in accordance with the internal banking rules for conducting transactions with checks developed by credit institutions that determine the procedure and conditions for using checks.

Collection settlements are a banking operation through which the bank (issuing bank), on behalf of and at the expense of the client, on the basis of settlement documents, performs actions to receive payment from the payer. For collection settlements, the issuing bank has the right to involve another bank (executing bank).

Collection settlements are the only form of settlements for which two different settlement documents are used - a payment request and a collection order.

A payment request is a settlement document containing a claim of a creditor (recipient of funds) under the main contract to a debtor (payer) to pay a certain amount of money through a bank, and is used in settlements for goods supplied, work performed, services rendered, as well as in other cases provided for legislation. Payment of payment requests can be made at the order of the payer (with acceptance) or without it (without acceptance).

Without the payer's acceptance, settlements by payment claims are carried out in the following cases:

1) established by the legislation;

2) stipulated by the parties under the main agreement, provided that the bank servicing the payer is granted the right to debit funds from the payer's account without his order.

In the payment request, paid with the payer's acceptance, in the "payment term" field, the recipient of the funds puts down "with acceptance"; in the payment request for direct debit - "without acceptance", and also indicates the date, number of the main contract and its corresponding clause providing for the right of direct debit. The term for acceptance of payment requests is determined by the parties under the main contract. In the absence of such an indication, the period for acceptance shall be five working days.

As a general rule, direct debiting of funds from the account in cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on direct debiting of funds or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the bank servicing him with information about the creditor (recipient of funds) who has the right to submit payment requests for debiting funds without acceptance, the name of the goods, works or services for which payments will be made, as well as information about the main contract (date number and the corresponding clause providing for the right of direct debiting). The absence of a condition on direct debiting of funds in the bank account agreement or an additional agreement thereto, as well as the absence of information about the creditor and other above information is the basis for the bank to refuse to pay the payment request without acceptance. This requirement is paid in the order of preliminary acceptance with a period for acceptance of five working days.

A collection order is a settlement document on the basis of which funds are debited from the payers' accounts in an indisputable manner.

Collection orders apply:

1) in cases where an indisputable procedure for collecting funds is established by law, including for the collection of funds by bodies performing control functions; as well as for the collection of executive documents. Payment for collection orders is made without the order of the payer (in an indisputable manner) with the obligatory indication in the field "purpose of payment" of a reference to the law (indicating its number, date of adoption and the relevant article). When collecting funds on the basis of enforcement documents, the collection order must contain a reference to the date of issue of such document, its number, the number of the case on which the decision subject to enforcement was made, as well as the name of the body that made such a decision. Collection orders for the collection of funds from accounts issued on the basis of executive documents are accepted by the bank of the recoverer with the original of the executive document or its duplicate attached;

2) in cases stipulated by the parties under the main agreement, provided that the bank serving the payer is granted the right to debit funds from his account without his order. The debiting of funds in an indisputable manner in the cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on the debiting of funds in an indisputable manner or on the basis of an additional agreement to the bank account agreement containing the appropriate condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds) that has the right to issue collection orders for debiting funds in an indisputable manner; the obligation under which payments will be made, as well as the main contract (date, number and the corresponding clause providing for the right of indisputable debiting).

Collection settlements are the only form of non-cash settlements initiated by the recipient of funds (collector). It is he who sends a payment request (collection order) to the servicing bank with a requirement to the payer to pay a certain amount of money. After receipt of the settlement document by the executing bank, the latter is obliged to transfer the payment request, paid with acceptance, to the recipient of funds. Upon receipt of the acceptance, the executing bank debits funds from the account of the payer of funds. In the event that the executing bank receives a payment request paid without the payer's acceptance, or a collection order, the bank, without sending this settlement document for acceptance to the payer, writes off the required amount of money. If the funds in the payer's bank account are insufficient to satisfy all the claims of the claimants, the settlement documents are placed in the file of settlement documents not paid on time; and their satisfaction is made in the order established by Art. 855 of the Civil Code of the Russian Federation. Banks do not consider the objections of the payer against writing off funds from their accounts in an indisputable manner.

Debiting funds in an indisputable manner can be stopped in the following cases:

By decision of the body exercising control functions in accordance with the law, to suspend the collection;

If there is a judicial act on the suspension of recovery;

On other grounds provided by law.

The document submitted to the bank indicates the data of the collection order, the collection of which should be suspended.

When the write-off of funds on a collection order is resumed, its execution is carried out with the preservation of the priority group indicated in it and the calendar order of receipt of the document within the group.

The executive document, the recovery of funds for which was not made (except in cases of termination of the enforcement proceedings) or was partially made, is returned together with the collection order by the executing bank to the issuing bank for transfer to the recoverer personally against receipt of receipt or by registered mail with notification.

The executive document, the collection of funds for which was made or terminated in accordance with the law, is returned by the executing bank by registered mail with notification to the court or other body that issued the executive document.