Determination of the Industry Nature of Public Law Regulations Governing Banking as a Basis for Resolution of Practical Conflicts

Abstract

The article touches on both general theoretical and practical issues of the importance of determining the sectoral affiliation of legal norms for resolving emerging legal conflicts. As an example, the author explores the problem of interaction between Article 74 of the Law on the Bank of Russia and Articles 15.26, 15.27 of the Administrative Code of the Russian Federation, which often leads to arbitrariness on the part of the Mega-Regulator. Attention is drawn to the manifestation of distortions in the principle of independence of the Bank of Russia in the form of a 20-year confrontation with court decisions on disputes on bringing credit institutions to responsibility. The resolution of contradictions between legal norms is proposed to be carried out on the basis of the constitutionally enshrined principle of legal equality, the guarantee of which is the codification of provisions on public liability. The correlation of financial and administrative law in the regulation of banking activity is analyzed and the absence of any features for the assertion of the existence of financial and legal responsibility is revealed. The author comes to the conclusion that it is necessary to exclude compositions providing for administrative liability for violation of banking legislation from any legislative acts, except the Administrative Code of the Russian Federation, in order to ensure consistent and predictable legal regulation.