Financial transactions in the doctrine and legislation: terminological dissonance
Автор: Afanasev A.B.
Журнал: Ex jure @ex-jure
Рубрика: Частноправовые (цивилистические) науки
Статья в выпуске: 1, 2025 года.
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The article discusses doctrinal and legislative approaches to the definition of financial transactions. In the doctrine, despite the widespread use of this term, there is no definition of a financial transaction. Researchers identify financial transactions by listing them. The analysis of such lists allowed us to conclude that the authors for the most part identify financial transactions and basic banking operations. The current Russian legislation also lacks a legal definition of financial transactions, the legislator defines them by specifying the provision of banking, insurance services, transactions with financial instruments by financial organizations and issuers. Defining financial organizations, the law includes credit organizations and non-credit financial organizations. Non-credit financial organizations are listed in the Federal Law of the Russian Federation “On the Central Bank of the Russian Federation (Bank of Russia)”, but not all of them can be recognized as financial organizations that have the right to make transactions using the financial platform. An analysis of modern legal regulation indicates the widespread use of the terminology “financial organization”, but each specific law provides its own list of them, which differs from other normative lists of financial organizations. The lack of a unified approach to the construction of the designated concept is due to dependence on the range of relations regulated by one law or another.
Financial transactions, banking transactions, financial platform, financial instruments
Короткий адрес: https://sciup.org/147251654
IDR: 147251654 | DOI: 10.17072/2619-0648-2025-1-84-97