The bankruptcy of credit institutions

Thesis "Features of bankruptcy from credit institutions" was chosen in view of Russia's transition to a market economy practices, the most important of which is the existence of a modern and efficient banking system. Creating a large number of commercial banks at this stage of development inevitably entailed and some negative consequences resulting from lack of capital, the experience of the banking, economic instability, lack of trust of individuals in the banking system as a whole. These effects were compounded by the fact that in the country there was no legislation to regulate in detail the bankruptcy of credit institutions.
            During the 16 years of its existence, the banking system of Russia has repeatedly faced with the crisis, "black" Tuesday 1994, a systemic banking crisis in August 1998,
            These circumstances made it necessary legal regulation of issues related to crisis management, that is, with the ability to prevent bankruptcy, as well as bankruptcy procedures to meet the claims of creditors. The Law "On Insolvency (Bankruptcy)" was adopted 25.02.1999, he laid the foundation of concepts such as signs of bankruptcy of credit institutions, measures to prevent bankruptcy and others.
The urgency of improving the mechanism of bankruptcy of credit institutions have now led to the adoption of the Act of August 20, 2004 № 121-FZ, which entered into force November 26, 2004 This law has led to a substantial reform of the domestic legislation. This reform can be described in two ways. On the one hand some of the issues resolved, sharply arisen in practice. On the other - their very decision is not always perfect, as in the law, and the practice of its application remain systemic contradictions.
Despite the fact that there is recent works devoted to this problem (eg White, LP, A. Belyakov, Lvov VS Tazihinoy TV, Tal GK and others)
can not believe that this theme is designed well enough.
The purpose of this paper is to determine the characteristics of bankruptcy of commercial banks in the Russian Federation. To achieve this purpose, the authors solved the following problems:
• The causes and effects of modern banking crises
• analyze international experience bankruptcy of credit institutions
• The features of the bankruptcy of credit institutions in Russia
• identified the functions and tasks of the administrator of credit organizations in the bankruptcy proceedings
• Analyze the evaluation of technology in bankruptcy of credit institutions.

            Structural thesis consists of an introduction, two chapters, divided into several sections, the common idea of ​​research, conclusions and bibliography.
            The first chapter discusses the need for crisis management by credit institutions in Russia. The first paragraph of the chapter causes and effects of modern banking crises. It examines the external economic factors, market reforms and their impact on the crisis processes in the banking system. In this section analyzes the types of banking crises, and their determinants.
Foreign experience bankruptcy examined by the author in the 2nd paragraph. It was studied and analyzed the experience of Austria. This is due to several factors: first, the Austrian legislation for the past 10 years has been brought into full compliance with the norms of European law and, therefore, is representative. And, secondly, it has a reputation of legislation that form the basis for effective cooperation of state control and senior management of the bank in the process of crisis management. As a result of this study, the author concludes that the high level of crisis management in banks in Austria is largely due to stringent regulatory requirements for bank management in the country and a high level of control over their implementation by the Ministry of Finance and the National Bank, which, of course, can be used in the experience of crisis management in Russia.
The analysis of the theoretical and factual data section shows that typical causes of banking crises that have existed in almost all developed countries are characteristic of Russia, and in this connection, the Russian banking system should be built and developed taking into account the world experience.
The third paragraph of this chapter discusses the theoretical and practical aspects of the bankruptcy of credit organizations in Russia. The author dwells on the role of the Central Bank for the development and strengthening of the banking system, as well as the oversight role of the Central Bank, in particular, the example of a system of indicators, ratios. Address measures to prevent bankruptcy, their importance for credit institutions. The author concludes that these measures are quite voluminous and thoroughly settled the system of measures aimed at preventing the bankruptcy of credit institutions.
            In the 2nd chapter of the work deals with the theoretical and practical aspects of the bankruptcy proceedings, the problems and their solutions. The first section gives a description of the bankruptcy proceedings as the final stage in the bankruptcy of a credit institution, there is systemic events of this procedure. This section analyzes the concept of the estate (as amended by the Law № 121-FZ) problems in assessing the debtor's property, the issues related to the establishment of the Law of priority of creditors and others.
            Paragraph 2 of Chapter 2 is devoted to the functions and tasks of the administrator. It addresses the rights, duties, responsibilities of the administrator, points to innovation law № 121-FZ, which refers to the 2 types of bankruptcy administrators: bankruptcy administrators in bankruptcy of credit organizations with a license of the Central Bank of Russian Federation for raising funds from individuals in deposits - by virtue of the law is the Deposit Insurance Agency, and the insolvency administrators in bankruptcy of credit institutions that did not have a license of the Central Bank of the Russian Federation to attract individuals' funds in deposits - in this as approved arbitration managers, accredited by the Central Bank.
            The third paragraph of chapter 2 analyzes the possibility and necessity of using performance technology with the bankruptcy of a credit institution.