Features of Regulating Credit Institutions: Mechanisms and Technologies
Inna Leonidovna Burova1, Pavel Valerievich Zhesterov2, Alla Efratovna Zolotareva3
1Inna Leonidovna Burova, Russian State Social University (RSSU), Moscow, Russian Federation.
2Pavel Valerievich Zhesterov, Russian State Social University (RSSU), Moscow, Russian Federation.
3Alla Efratovna Zolotareva, Russian State Social University (RSSU), Moscow, Russian Federation.
Manuscript received on 03 August 2019. | Revised Manuscript received on 09 August 2019. | Manuscript published on 30 September 2019. | PP: 6098-6102 | Volume-8 Issue-3 September 2019 | Retrieval Number: C5647098319/2019©BEIESP | DOI: 10.35940/ijrte.C5647.098319
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The study was aimed at introducing to the executives of banks and other credit institutions the shared technology and the patterns of bringing the persons controlling the credit institution to subsidiary liability. For achieving these goals, the authors analyzed the cases of bankruptcy of banks in the Russian Federation, in particular, the rules of procedure for taking interim measures if the persons controlling a credit institution are brought to subsidiary liability. In this publication, the judicial practice has been reviewed for the past two years since the entry into force of legislative changes. Practical advice is given, along with routines of the applicants` rights protection in such cases. All of this will not only improve the efficiency of bankruptcy procedures of a bank but will also develop mechanisms of corporate governance in the banking sector toward increased personal responsibility of management decisions makers and those controlling credit institution. The results have been as follows: the authors highlight the shortcomings of the Russian procedural legislation concerning the interim measures taken by courts in banking bankruptcy cases. The identified problems can be solved by amending the national procedural legislation or by adopting special explanations by the Supreme Court of the Russian Federation.
Keywords: Banking Policy, Bank Insolvency, Banking Failure, Vicarious Liability, Injunction Application, Interim Measures, Freezing Order, Protection of Creditors, Arbitration Practice, Banking Bankruptcy Cases.
Scope of the Article: Link Technologies