Historical background of the formation of the science of banking law in Russia

Abstract

In the real work as the author historical prerequisites of emergence in the Russian Federation of science of the bank right which is characterized are investigated as the relatively young complex industry is right. In particular, in a historical retrospective the emergence reasons in the Russian legal science of these or those ideas which formed a basis for formation of the main theoretical views of representatives of science of the bank right in modern Russia are shown. Two groups of the reasons in pre-Soviet, Soviet and during the Post-Soviet period of development of Russia are investigated. These reasons, first, are connected with state of the economy of Russia during a certain historical period, and, secondly, with a condition of standard regulation of bank activity. According to it views of authors of the main problems of the bank right and of a possibility of recognition of the bank right the separate direction of legal science change. In work the review of theoretical concepts of founders of the bank right is made:G. F. Shershenevich, M. M. Agarkov, R. O. Halfina, I. S. Gurevicha, S. N. Landkof, M. L. Kogan, E. A. Fleyshits, Besides, views of modern researchers are analysed: L. G. Yefimova, O. M. Oleynik, L. A. Novoselova, D. G. Alekseeva, S. V. Pykhtin, O. N. Gorbunovoy, T. E. Christmas, A. G. Guznov, Ya.A. Geyvandov, N.Yu. Erpyleva, V. V. Vitryansky and others. All available points of view to the place of the bank right in the system of the industries of Russian law can be shared into three groups conditionally. According to opinion of some authors, the bank right is the industry of the legislation which unites the various regulations regulating bank activity by norms of civil, financial, administrative and criminal law. Other authors making most of researchers of this problem draw a conclusion that the bank right has all signs of the independent industry of the right, or carefully make a reservation that the bank right is gradually formed as the industry is right, however its final formation is not completed yet. The third group of researchers holds the opinion that the bank right is subsector of other industry of the right: enterprise right or financial right.