Settlement legal relations: concept, subjects, forms of non-cash payments. Settlement legal relations: concept, main forms

88. Settlement legal relationship. Forms of non-cash payments.

In accordance with paragraph 1 of Art. 140 of the Civil Code of the Russian Federation, payments on the territory of the Russian Federation are made by cash and non-cash payments. Cash payments carried out by direct transfer of banknotes, coins, non-cash - by performing operations with funds on the account.

The limit for cash settlements between legal entities is 60,000 rubles for one payment (instructions of the Bank of Russia dated November 14, 2001 No. 1050-U “On establishing the maximum amount of cash settlements in the Russian Federation”). According to the law, settlements of legal entities, as well as settlements with the participation of citizens associated with the implementation of entrepreneurial activities, are carried out in a non-cash manner (Regulation of the Central Bank of October 03, 2003 “On non-cash settlements in the Russian Federation”).

Cashless payments - this is the transfer or transfer through a bank, other credit institutions of funds from a debtor to a creditor in order to fulfill a monetary obligation.

Legal regulation of payments.

· GC Ch. 46 - the main provisions related to the implementation of cashless payments.

· Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" dated July 10, 2002 No. 86-FZ establishes the rules, terms and standards for non-cash payments.

· Federal Law "On banks and banking» dated December 2, 1990 No. 395-I.

· Banking rules:

o regulation "On non-cash payments in the Russian Federation" dated 03.10.2002 No. 2-P;

o regulation “On the procedure for making cashless payments by individuals in the Russian Federation of April 1, 2003 No. 222-P, etc.

· Business practices.

The necessary means of making cashless payments is Bank account (Chapter 45 of the Civil Code of the Russian Federation).

Forms of non-cash payments:

· settlements by payment orders;

· settlements under a letter of credit;

· collection settlements;

payment by checks.

The form of settlements between the payer and the recipient of funds is determined by the contract (agreement).

Settlements by payment orders

When calculating payment orders the bank undertakes, on behalf of the payer, at the expense of the funds in his account, to transfer a certain amount of money to the account of the person indicated by the payer in this or another bank within the period provided for by law or established in accordance with it, unless a shorter period is provided for by the bank account agreement, or is not determined by the customs of business turnover (clause 1 of article 863 of the Civil Code of the Russian Federation). When paying by payment orders, the client instructs "his" bank to transfer cash to the account of a third party - the recipient.

The total period of cashless payments within one subject of the Russian Federation should not exceed two business days, and five - within the Russian Federation (Article 80 of the Federal Law "On central bank RF (Bank of Russia).

Subjects of settlements by payment orders:

· client (payer);

· the payer's bank;

· payee's bank;

recipient.

Subject of obligation according to payment order settlements - funds both on the client's account and not on the account.

Bank Responsibilities:

· the bank that accepted payment order is obliged to transfer the corresponding amount of money to the bank of the recipient of funds for its crediting to the account of the recipient;

· immediately inform the payer about the execution of the order.

Bank rights - involve other banks to carry out operations for transferring funds to the account specified in the client's order.

Liability for non-execution or improper execution of settlements by payment orders:

· the bank is liable on the grounds and in the amount provided for in Sec. 25 of the Civil Code of the Russian Federation (clause 1 of article 866 of the Civil Code of the Russian Federation);

· if the violation of the rules for making settlement transactions by the bank resulted in the unlawful withholding of funds (writing off funds, but not transferring them to their intended purpose, or violating the terms banking operations etc.), the bank is obliged to pay interest in accordance with Art. 395 of the Civil Code of the Russian Federation (clause 3, article 866 of the Civil Code of the Russian Federation), clause 2 of the Resolution of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation of October 08, 1998 No. 13/14 “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people's funds”;

· in cases stipulated by law, the contract, the guilty bank is obliged to pay a penalty, as well as compensate for the losses caused to the client in the part not covered by interest and penalty.

Settlements by payment orders are the most common in practice. In accordance with Art. 516 of the Civil Code of the Russian Federation, if the procedure and form of settlements are not determined by agreement of the parties, then settlements for the goods supplied under the supply agreement are carried out by payment orders.

Settlements under a letter of credit

At settlements under a letter of credit the bank acting on behalf of the payer to open a letter of credit, and in accordance with its instructions (issuing bank), undertakes to make payments to the recipient of funds or pay, accept or discount a bill of exchange or authorize another bank (executing bank) to make payments to the recipient of funds or pay, accept or discount a bill of exchange (clause 1 of article 867 of the Civil Code of the Russian Federation).

Meaning letter of credit as a form of payment is that the money is transferred by the payer only if its counterparty fulfills certain conditions, which creates the advantages that the seller has. Its convenience lies in the fact that the seller can receive funds from a letter of credit already at the time of submission to the bank of a set of documents indicating the shipment of the goods, and the buyer enters into the right of the owner of the goods from the moment these documents are received.

The letter of credit form must be provided for in the agreement between the payer (buyer) and the recipient of funds (seller), which indicates the name of the issuing bank, type of letter of credit, payment scheme, method of notifying the seller about the opening of a letter of credit, a list of documents presented by the seller to receive funds under a letter of credit, etc. (Clause 5.7 of the regulation on settlements). All costs associated with the letter of credit are reimbursed by the payer.

In a letter of credit four members :

1) the payer is the buyer;

2) the payer's bank (issuing bank);

3) beneficiary's bank (executing bank);

4) recipient of funds (seller or other beneficiary).

Schematically, the relationship between participants in letter of credit settlements includes four stages:

1) submission by the payer of an application to the issuing bank for opening (issuing) a letter of credit;

2) transfer of powers to make payments from the issuer's bank to the executing bank (beneficiary's bank);

3) presentation by the seller of documents evidencing the shipment of goods;

4) making a payment by the executing bank.

In certain cases, settlements between the seller and the buyer can be made in one bank, if there are accounts of both parties in it, then the second stage of settlements under a letter of credit is absent.

Payment under a letter of credit can be made:

· payment orders;

· payment (acceptance or accounting) of a bill of exchange. The bill payment method includes payment by the bank of a bill of exchange (the bank's acceptance of such a bill is an unconditional payment agreement on it).

Types of letters of credit.

· Revocable letter of credit (Article 868 of the Civil Code of the Russian Federation) is a general rule, unless the text expressly states otherwise. A revocable letter of credit may be canceled by the issuing bank without the consent of the recipient of the funds. Irrevocability must be explicitly stated in the text, otherwise it is recognized as revocable. Therefore, an irrevocable letter of credit protects the interests of the supplier (creditor) under the obligation.

· Irrevocable, confirmed irrevocable letter of credit (Article 869 of the Civil Code of the Russian Federation) is a letter of credit that cannot be canceled without the consent of the recipient of funds. A variation of an irrevocable letter of credit is a confirmed irrevocable letter of credit - confirmation is carried out at the request of the issuing bank by the executing bank (the executing bank assumes an additional obligation to the issuing bank to make payment in accordance with the terms of the irrevocable letter of credit).

In this case, the relationship between the issuing bank and the executing bank is of a personal-confidential nature, which is characteristic of an agency agreement.

· Covered (deposited) letter of credit (clause 2, article 867 of the Civil Code of the Russian Federation) is a letter of credit, upon opening which the issuing bank transfers the amount of the letter of credit to the executing bank for the entire duration of the obligation of the issuing bank.

· Uncovered (guaranteed) letter of credit (clause 2, article 867 of the Civil Code of the Russian Federation) is based on the right of the executing bank to write off the entire amount of the letter of credit from the correspondent account of the issuing bank.

Closing a letter of credit in the executing bank is carried out:

· upon expiration of the letter of credit;

· at the request of the payer for full or partial withdrawal of the letter of credit (if such withdrawal is possible);

· at the request of the recipient of funds to refuse to use the letter of credit before its expiration.

The responsibility of the bank for violation of the terms of the letter of credit:

· before the payer is the issuing bank, and before the issuing bank - the executing bank, with the exception of cases provided for in paragraph 1 of Art. 872 of the Civil Code of the Russian Federation;

· in the event of an unjustified refusal of the nominated bank to pay funds under a covered or confirmed letter of credit, liability to the recipient of funds may be assigned to the nominated bank;

· in case of incorrect payment by the executing bank of funds under a covered or confirmed letter of credit due to violation of the terms of the letter of credit, liability to the payer may be assigned to the executing bank (Article 872 of the Civil Code of the Russian Federation, Information letter of the Supreme Arbitration Court of the Russian Federation dated January 15, 1999 No. 39, clause 10).

Settlements for collection

At collection settlements the bank (issuing bank) undertakes, on behalf of the client, to carry out at the expense of the client actions to receive payment and (or) acceptance of payment from the payer (clause 1, article 874 of the Civil Code of the Russian Federation).

With the collection form, the client instructs "his" bank to receive funds from the payer (in these calculations, the initiative comes from the recipient of funds). Collection settlements are made either on the basis of payment requests-orders with the provision of other documents (on the shipment of goods, performance of work, etc.), or, when it is expressly provided for in the agreement of the creditor with the debtor and in the agreements of the parties with servicing banks, without providing any commercial documents.

The recipient of funds sends a payment request-order and other necessary documents to the issuing bank. The latter, having received documents from the client, starts the collection procedure itself or sends them to the executing bank (the issuing bank has the right to involve another bank for execution). In the absence of any document or inconsistency of the documents with the collection order, the executing bank is obliged to immediately notify the person from whom they were received. In case of non-elimination of the indicated shortcomings, the bank has the right to return the documents without execution.

The received (collected) amounts must be transferred by the executing bank to the disposal of the issuing bank. The executing bank has the right to withhold from the collected amounts the due remuneration and reimbursement of expenses. The issuing bank is obliged to inform the client about the progress of the execution of the order.

Responsibility for improper execution of the order the issuing bank is responsible to the recipient of funds, however, if this happened due to a violation of the rules for maintaining settlement obligations by the executing bank, then responsibility may be assigned to this bank.

Payments by checks

Check - security, containing an unconditional order of the drawer to the bank to pay the amount indicated in it to the holder of the check (clause 1 of article 877 of the Civil Code of the Russian Federation).

Check details:

· the name "check" included in the text of the document;

· an order to the payer to pay a certain amount of money;

· the name of the payer and indication of the account from which the payment is to be made;

· indication of the payment currency;

· indication of the date and place of drawing up the check;

· signature of the person who issued the check - drawer of a check(Article 878 of the Civil Code of the Russian Federation).

Parties of settlements by checks:

· check drawer (individuals and legal entities; state, subjects of the Russian Federation, municipalities);

· payer (a bank where the drawer has funds that he has the right to dispose of);

· holder of a check (physical or entity to whom the check was issued for presentation for payment).

Subject of the check obligation: making a payment.

A check is paid at the expense of the issuer of the check if it was presented for payment within the time period provided for by law:

· 10 days - if the check is issued on the territory of Russia;

· 20 days - on the territory of the CIS countries;

· 70 days - in the territory of another state.

The payer bank issues the amount specified in the check to the holder of the check at the expense of the funds in the drawer's account. In the event of a temporary lack of funds on the drawer's account, the bank, by agreement with the drawer, may pay the check at its own expense.. Endorsement may be avalist(except for the payer). Aval is affixed on the front side of the check or on an additional sheet by means of the inscription "consider as aval" and an indication of who and for whom it was issued. If it is not indicated for whom it was given, then it is considered that the aval was given for the drawer. The avalist is responsible in the same way as the person for whom he vouched. There is a reduced deadline for check claims. limitation period(6 months from the date of expiration of the term for presenting a check for payment).

Settlements represent the transfer or transfer of certain sum of money from one person to another. As a rule, the basis for the transfer or transfer of funds is a monetary obligation, according to which the debtor undertakes to pay the creditor a certain amount of money for the goods sold, the use of property, the work performed, the service rendered. At the same time, the concept of settlements should also cover such a transfer of funds that is made outside of a monetary obligation. This refers mainly to the transfer of funds free of charge, i.e. as a gift, as a donation, etc.

According to the method of calculation divided into cash and non-cash. Cash settlements are carried out by handing over cash (banknotes, coins). Non-cash - by transferring funds through a credit institution. The choice of payment method - cash or non-cash - is carried out by the parties at their own discretion. At the same time, this choice is not always absolutely free, the legislation contains some restrictions.

For settlements between legal entities, as well as with the participation of citizens, when the parties carry out entrepreneurial activities, as general rule established non-cash payment procedure. Cash settlements between these entities are also possible, however, in accordance with banking legislation central bank sets the maximum amount of settlements for one transaction maximum size settlements in cash and spending cash received at the cash desk of a legal entity or cash desk individual entrepreneur"). Forms of non-cash payments are legally regulated conditions for the fulfillment of monetary obligations through a bank, differing in the procedure for crediting funds to the creditor's account, the type of settlement document and the procedure for document flow.

The Civil Code provides for the following non-cash forms calculations:

- payment orders;

- by letter of credit;

- checks;

- by collection. Settlements by payment orders -: in case of settlements by payment order, the bank undertakes, on behalf of the payer, at the expense of the funds in his account, to transfer a certain amount of money to the account of the person indicated by the payer in this or another bank within the period provided for by law or established in accordance with it, unless a shorter period is provided for by the bank account agreement or is not determined by applicable banking practice customs

When settling under a letter of credit, a bank acting on behalf of the payer to open a letter of credit and in accordance with its instructions (issuing bank) undertakes to make payments to the recipient of funds or pay, accept or discount a bill of exchange or authorize another bank (executing bank) to make payments to the recipient of funds or pay, accept or discount a bill of exchange.

When settling for collection, the bank (issuing bank) undertakes, on behalf of the client, to carry out at the expense of the client

payment requests and collection orders are presented by the recipient of funds to the payer's account through the bank serving the recipient of funds. A check is a security containing an unconditional order of the drawer of the check to the bank to pay the amount indicated in it to the holder of the check.

Ticket number 8

8. Legal capacity of individuals: concept, content, meaning, types.

civil legal capacity is defined in the law as the ability of a citizen to acquire and exercise civil rights by their actions, to create for themselves civil obligations to fulfill them.

To have legal capacity means to have the ability to personally perform various legal actions: conclude contracts, issue powers of attorney, etc., as well as be responsible for property damage (damage or destruction of other people's property, damage to health, etc.), for failure to fulfill contractual and other obligations.

Legal capacity arises in full with the onset of adulthood, i.e. upon reaching the age of 18. However, the law contains exceptions to this rule:

- getting married. In the case when the law allows marriage before the age of 18, a citizen who has not reached the age of 18 acquires legal capacity in full from the time of marriage.

- emancipation (Article 27 of the Civil Code). A minor who has reached the age of 16 may be declared fully capable if he works under an employment contract, including under a contract, or with the consent of his parents, adoptive parents or guardian (that is, legal representatives) is engaged in entrepreneurial activities.

There are types of capacity that depend on the age of the person.

1. Partial capacity minors from 6 to 14 years old. As a general rule, for minors under the age of 14 (minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians (Article 28 of the Civil Code).

Minors aged 6 to 14 have the right to independently commit:

- small household transactions, which are understood as transactions concluded for a small amount for cash, executed at their conclusion and aimed at satisfying personal needs (purchase of products);

- transactions for gratuitous receipt benefits that do not require notarization or state registration;

- transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

2. Incomplete legal capacity minors from 14 to 18 years old. As a general rule, minors aged 14 to 18 make transactions with the written consent of their legal representatives - parents, adoptive parents or guardian. A transaction made by such a minor is also valid upon its subsequent written approval by his parents, adoptive parents or guardian (Article 26 of the Civil Code).

Minors aged 14 to 18 have the right to independently, without the consent of their legal representatives, make the following transactions:

- manage their earnings, scholarships and other income;

– to make deposits in credit institutions and dispose of them;

- to make small household transactions and other transactions permitted for minors to independently perform.

In addition, upon reaching the age of 16, such minors have the right to be members of cooperatives in accordance with the legislation on cooperatives.

3. Limited legal capacity. An individual may be limited in legal capacity only by a court decision and only in cases provided for federal law. The Civil Code of the Russian Federation establishes two cases of restriction of a citizen's legal capacity.

- The first case concerns adults with full legal capacity. According to Art. 30 of the Civil Code of the Russian Federation, a citizen who, due to the abuse of alcohol or drugs, puts his family in a difficult financial situation, may be limited by the court in legal capacity. Guardianship is established over a citizen recognized as having limited legal capacity.

- The second case of disability concerns minors between the ages of fourteen and eighteen in terms of disposing of their income. At this age, the child is not always reasonably able to manage their income. In the presence of sufficient grounds the court, at the request of parents, adoptive parents or a guardian or guardianship and guardianship authority, may restrict or deprive a minor of the right to independently dispose of his earnings, scholarships or other income, except in cases where such a minor has acquired legal capacity in full. Grounds for limitation of legal capacity may be unreasonable spending wages, scholarships, to the detriment of one's health, for example, for alcohol, drugs, gambling, as a result of involving a teenager in religious sects, etc.

4. incapacity. A citizen is incompetent up to six years. In addition, a citizen may be declared legally incompetent by a court decision, provided that, due to a mental disorder, he cannot understand the meaning of his actions or control them.

The assessment of the health of a citizen is given not by the court, but by a forensic psychiatric examination. But only a court has the right to recognize a citizen as incompetent. Restriction of the rights and freedoms of persons suffering from mental disorders, only on the basis of a psychiatric diagnosis, the facts of being under dispensary observation in a psychiatric hospital, or in a psycho-neurological institution for social security or special education is not allowed.

Common property right

Property owned by two or more persons belongs to them on the basis of common ownership. Thus, for common property at the same time characteristic: 1) plurality of subjects, while the composition of co-owners is not limited as a general rule (they can be any subjects civil law, including public entities); 2) the unity of the object: the right of ownership of each of the co-owners extends to the entire object as a whole, and not to any part of it in kind

Common property may arise for various reasons (inheritance by several heirs, marital status, privatization of a dwelling, Team work(simple partnership), joint acquisition of a thing under an agreement, etc.).

Wherein common property arises: a) when two or more persons acquire indivisible things (property that cannot be divided without changing its purpose) or property that is not subject to division by virtue of law - always; b) for divisible property - only in cases provided for by law or by agreement. Depending on how the internal relations between co-owners are organized, common property is divided into two types - shared and joint. I. Common ownership is shared if the share of each of the owners in the ownership right is determined. It should be especially taken into account that this is not a share of property in kind, since the object of common ownership is a single one, but an arithmetic expressed share in the ownership of all common property. In this regard, in the literature, the share in the property right is often called ideal. The real share, i.e. part of the common property in kind, may be provided to a participant in shared ownership only for possession and use

II. At joint ownership shares in the ownership right are not defined (clause 2 of article 244 of the Civil Code), therefore it is often called shareless. However, the possibility of establishing shares always exists, for example, they are determined during the division of property or the allocation of a share, when the relationship of common joint ownership is completely or partially terminated. The regime of joint ownership is exclusive: common property is shared, except when the law provides for the formation of a joint one (clause 3 of article 244 of the Civil Code). Currently, the law allows emergence of common joint property: For spouses; Ö members of a peasant (farm) economy; Ö for members of a horticultural, horticultural or dacha non-profit association of citizens - for land plot, provided for the placement of a horticultural, horticultural and dacha non-profit association (later - ind. ownership!), As well as on public property acquired or created by such an association at the expense of earmarked contributions.

The concept of settlement legal relations

The actions of the debtor to pay for the delivered goods, work performed or services rendered are regulated by the rules on the fulfillment of monetary obligations (Articles 316-319, 395, 823 of the Civil Code) and do not need any special additional regulation. Therefore, cash settlements carried out between the debtor and the creditor (without the participation of a bank or other credit organization) do not give rise to any special legal relations outside the existing obligation between them and, in essence, represent the actions of the parties to fulfill this obligation.

Settlement legal relations appear in the case when the fulfillment of a monetary obligation is made by transferring funds located on the debtor's bank account, which certainly implies that the payer applies for the services of the bank serving him to transfer the relevant funds to the bank serving the creditor (recipient of funds). Only in this case, specific legal relations arise with the obligatory participation of the bank (banks), requiring special legal regulation. Their purpose (on the part of the payer) is the repayment of a monetary obligation to the creditor (or the fulfillment of his obligation to pay tax or other obligatory payments to the budget) by reducing the volume of his rights of claim in relation to the bank under the bank account agreement concluded with the latter and a corresponding increase in the volume of the rights of claim of the creditor or the state (recipient of funds) in relation to the bank serving him on the basis of the same bank account agreement.

In this regard, it is impossible to talk about non-cash and cash payments as separate types of settlement legal relations. Cash settlements are carried out between the parties to a monetary obligation without the participation of a bank and should be qualified as the fulfillment of this monetary obligation, and the object of relations arising from cash settlements is cash transferred by the debtor under a monetary obligation to the ownership of the creditor. Therefore, the existing legal regulation of cash settlements is limited to relations with the participation of legal entities and citizens engaged in entrepreneurial activities, and is a regulation of restrictions on the use of cash for settlements between these persons.

Non-cash payments are a special type of obligations - settlement legal relations, the object of which is the funds held in the payer's bank account and used as a means of payment, and their mandatory participant along with the payer is the bank with which the payer has concluded a bank account agreement.

Moreover, we are talking not just about the implementation of settlements by participants in civil legal relations through a bank (or other credit organization), which "imply obligations based on a current account between each counterparty ... and the bank." In cases where banks provide services to citizens who do not have a bank account, transferring funds or accepting and processing various payments, for example, in favor of utilities, despite the direct participation of the bank in the relevant relations, no special settlement legal relations also arise. These legal relations represent obligations to provide reimbursable services related to money transfers.

Therefore, the determining factor in the allocation of settlement legal relations as special kind civil-law relations (mandatory) is not in itself the participation of the bank in them, but the nature of its obligations. The independence of obligatory settlement legal relations is given by the special properties of their object, which is the right to claim against the bank, which acts as a means of payment.

At the same time, it is also erroneous to consider settlement legal relations as existing “between the subjects of a reimbursable civil obligation and a credit institution”, which turns them into a kind of multilateral transaction (obligation) arising between the payer, the bank and the recipient of funds. The payer and the recipient of funds have independent bank account agreements with the banks serving them. A settlement operation (for example, a transfer of funds) ends with the receipt of funds in the bank serving their recipient, and the specified funds are credited to the recipient's bank account by the bank in the order of fulfillment of obligations arising from the bank account agreement.

Therefore, the recipient of funds cannot be recognized as the subject of a settlement legal relationship, the circle of participants of which is limited to the payer, the bank serving him and the banks involved in the settlement transaction for transferring funds to the bank serving their recipient.

Thus, settlement legal relations should be understood as obligations arising between the account holder - the payer and the bank in which his bank account is opened, as well as other banks involved in the implementation of the relevant banking operation, in connection with the execution of the account holder's instruction to transfer (receive) funds in the bank account, in the manner of cashless payments.

The concept and principles of cashless payments

Non-cash settlements are understood as settlements under civil law transactions and other grounds (for example, for the payment of tax and other obligatory payments to the budget and off-budget funds) with the use of cash balances in bank accounts .

There are a number of principles of legal regulation of cashless payments:

• non-cash payments are carried out by the parties of civil law transactions through the bank at the expense of the balances of funds on bank accounts opened for clients (settlement, current, etc.), the conditions of which allow making payments at the request of the client;
• banks are not entitled to refuse customers to perform operations (including making payments) provided for by law for accounts of this type, established in accordance with it banking rules, business practices, unless otherwise specified in the bank account agreement;
• the debiting of funds from the account is carried out by the bank at the request of the client. Without a client’s order, debiting funds from his account is allowed only by court decision, as well as in cases provided for by law or an agreement between the bank and the account holder (Article 854 of the Civil Code);
• the bank is not entitled to determine and control the directions of use of the client's funds and establish others that are not statutory or a bank account agreement restricting his right to dispose of funds at his own discretion (clause 3 of article 845 of the Civil Code);
• when making non-cash payments, the bank does not become a party to the main obligation for which settlements are made, therefore it is responsible to the client only for the fulfillment of its obligations under the bank account agreement;
• payments on behalf of the client from his account are made if there are funds on this account, except for the case when the bank account agreement provides for crediting the client's (payer's) account from the bank;
• non-cash payments are made on the basis of documents of the established form (settlement documents).

Liabilities for non-cash payments

Legal regulation of liabilities for non-cash payments

• between the payer - the owner of the account (creditor) and the bank servicing it (debtor);
• between the bank that accepted the client's payment order and other banks engaged by the specified bank to carry out bank transfer;
• the last involved bank in legal relations on a bank transfer has an independent obligation to the recipient of funds, arising from the bank account agreement, to credit all funds received in its address to the bank account of the recipient (owner).

However, another structure of legal relations is also possible when making settlements by payment orders. Firstly, the use of a bank transfer is possible not only for interbank settlements, but also in the system of one bank. Secondly, the possibility of transferring funds to the account of the payer himself, opened both in the bank that started the transfer, and in another bank on his payment order is not excluded.

Finally, an instruction to transfer funds can be accepted by a bank and from a person with whom there are no contractual relationship bank account. However, even in this case, the execution of such a payment order must be subject to the rules defined by the Civil Code, unless otherwise provided by law or banking rules, or does not contradict the essence of these relations (clause 2, article 863 of the Civil Code).

In accordance with clause 3.1. Provisions No. 2-P, a payment order is an order from the account holder (payer) to the bank serving him, drawn up by a settlement document, to transfer a certain amount of money to the account of the recipient of funds opened with this or another bank.

With the use of payment orders, money transfers can be made in order to pay for goods, works or services; repayment (provision) of a loan or credit and payment of interest on them; payment of tax and other obligatory payments to budgets and extra-budgetary funds; making other cash payments.

According to the rules of Regulation No. 222-P, citizens (individuals) can use payment orders to transfer funds, including for settlements not related to entrepreneurial activities. Under a bank account agreement owned by a citizen, the bank may be granted the right to periodically transfer funds from the current account. In this case, payment orders are drawn up by the bank.

The payment order is accepted by the bank regardless of the availability of funds in the payer's account. From this point of view, payment on it is not guaranteed. The exception is the payment orders of citizens for the transfer of funds from the current account for settlements not related to the implementation of entrepreneurial activities, which are accepted by the bank for execution only if there are funds in the current account.

In the absence or insufficiency of funds on the payer's account, provided that the bank account agreement does not provide for the payment of settlement documents in excess of the balance of funds on the account, payment orders are placed in a file cabinet and their payment is made as funds are received on the payer's account. Payment orders received by the bank must be executed in the order of priority established by Art. 855 of the Civil Code (clause 3 of article 864 of the Civil Code).

The total term of non-cash payments should not exceed two business days within the territory of one subject of the Russian Federation and five business days within the Russian Federation. In accordance with the bank account agreement or business practices used in banking practice, a shorter period may be determined for the transfer of funds on the basis of the payer's payment order.

The possibility of establishing in the above procedure a longer period than provided for by law and banking rules issued in accordance with it is excluded.

A necessary condition for the acceptance by the bank of a payment order is its compliance with the requirements for the content and form of the payment order. Such requirements are established by the Bank of Russia and are currently determined by the rules of Regulation No. 2-P. In accordance with paragraph 2 of Art. 864 of the Civil Code, the bank has the opportunity to clarify the content of the payment order in cases where it does not meet the requirements for its content and form, by sending a request to the payer immediately upon receipt of the payment order from him. It is assumed that the deadline for the payer's response to such a bank request will be established by law or banking rules, and until that moment it should be assumed that the response must be given by the payer within a reasonable time, the duration of which should be determined based on the location of the account, the availability of communication links and other specific circumstances. If the bank does not receive a response to its request within the established (or reasonable) period, the bank is entitled to leave the payment order without execution and return it to the payer. True, otherwise may be provided by law, banking rules established in accordance with it or by an agreement between the bank and the payer.

Fulfillment of settlement obligations by payment orders

Liability for violation of settlement obligations by payment orders

Failure to execute or improper execution of the client's payment order entails liability for the bank on the grounds and in the amount provided for by law (clause 1 of article 866 of the Civil Code). This means that in case of non-execution or improper execution of the client's payment order, the bank acting as a debtor under the obligation arising from this order is obliged to compensate the client (creditor) for all the losses caused by this, determined in accordance with the rules provided for in Art. 15 and 393 of the Civil Code.

In cases where non-execution or improper execution of a payment order occurred due to a violation of the rules for making settlement transactions by a bank involved in the execution of settlement operations, liability may be imposed by the court directly on the guilty bank (clause 2 of article 866 of the Civil Code), which is in full accordance with the general rule of art. 403 GK. At the same time, it must be borne in mind that the place of fulfillment of a monetary obligation (obligations of a bank client to a recipient of funds) is the location of the creditor (Article 316 of the Civil Code), i.e. in this case, the location of his funds, which is the bank serving the creditor. The debtor (payer) under the main monetary obligation cannot bear the risk associated with the choice of the bank servicing it by the creditor. Therefore, such a monetary obligation should be considered fulfilled from the moment the funds are credited to the correspondent account of the bank servicing the creditor (recipient of funds). Therefore, the responsibility of the bank that accepted the payment order from the payer should be limited to the moment the funds are received to the specified correspondent account.

The bank serving the payer, as well as the bank serving the recipient of funds, may be held liable in the form of a penalty for untimely debiting or transferring funds according to the client's payment order and, accordingly, for their untimely crediting to the recipient's account (Article 856 of the Civil Code). This penalty in relation to losses is offset. The delay of the bank in the transfer of funds is the basis for the payment of a penalty on the basis of Art. 856 of the Civil Code, if during intra-bank settlements the funds were not credited to the recipient's account in the same bank within the period established by Art. 849 of the Civil Code, and for interbank settlements - if instructions secured by the provision of appropriate coverage (availability of funds on the correspondent account of the paying bank with the intermediary bank) are not transferred to the intermediary bank within this period.

If the violation of the rules for making settlement transactions by the bank resulted in the unlawful retention of the client's funds, the bank, including the bank involved in the execution of the order, by virtue of clause 3 of Art. 866 of the Civil Code is obliged to pay interest to him in the manner and in the amount provided for in Art. 395 GK. The indicated percentages in relation to losses are also offset.

At the same time, unlawful withholding takes place in all cases of delay in the transfer of funds by the bank on behalf of the payer. Therefore, the paying client, served by the bank under a bank account agreement, in the event of an unjustified retention by this bank of funds during the execution of a payment order, has the right to present either a claim for payment of a penalty under Art. 856 of the Civil Code, or the requirement to pay interest on the basis of Art. 866 GK.

At the same time, until the relevant amount is debited from the client's account, the bank is obliged to pay interest to him for the use of funds in the account. If the bank does not execute the client's instructions and does not write off the corresponding amount of money from the account, the client has the right to demand both the application of the specified liability and the accrual of interest for the use of funds in the account (Article 852 of the Civil Code).

Finally, in case of delay in the execution of a payment order by the bank, the client has the right to withdraw his order and demand the restoration of the untransferred amount in his account. This right of the bank client follows from paragraph 2 of Art. 405 of the Civil Code: if, due to the delay of the debtor, the performance has lost interest for the creditor, he may refuse to accept the performance and demand compensation for losses.

Obligations for settlements using a letter of credit

Concept and types of letter of credit

When making settlements under a letter of credit, a bank acting on behalf of the payer to open a letter of credit and in accordance with its instructions (issuing bank) undertakes to make payments to the recipient of funds or pay, accept or discount a bill of exchange or authorize another bank (executing bank) to make payments to the recipient of funds or pay, accept or discount a bill of exchange (clause 1 of article 867 of the Civil Code).

If the issuing bank, without delegating authority to another bank, makes payments itself (or pays, accepts or discounts a bill of exchange), the rules provided for in the Civil Code will apply to it in relation not only to the issuing bank, but also to the executing bank (clause 1 of article 867 of the Civil Code).

The main differences between the letter of credit form of settlements and settlements by payment orders are that:

• when using a letter of credit form of payment, the essence of the order of the payer (letter of credit) is not to transfer funds to the account of the recipient, but to open a letter of credit, i.e. in the allocation, "booking" of funds, at the expense of which settlements with the recipient will be carried out;
• receipt of funds upon opening a letter of credit is conditioned for their recipient (beneficiary) by the need to comply with the terms of the letter of credit, which are determined by its agreement with the payer, and are also duplicated in the instruction of the letter of credit to the bank to open a letter of credit. The executing bank is obliged to verify that the beneficiary complies with all the conditions of the letter of credit. True, such a check should be carried out by the bank only on outward signs documents submitted by the beneficiary.

Of course, the executing bank cannot and should not check the actual performance of the contract under which settlements are made, assess the legal value of the documents submitted by the beneficiary. However, acting within the limits of his authority, he must refuse to accept the documents for payment to the beneficiary if they do not contain the necessary information specified in the instruction to open a letter of credit. The term for verification of documents under the terms of the letter of credit and the correctness of registration of the register of accounts should not exceed seven business days following the day of receipt of the documents, unless otherwise provided by an agreement between the issuing bank and the executing bank.

In accordance with clauses 5.6 and 5.7 of Regulation No. 2-P, upon receipt of documents under a letter of credit from the executing bank, the issuing bank checks the compliance of the submitted documents and their details with the terms of the letter of credit based on the documents themselves (verification by external signs). The term for verification of documents should not exceed seven business days following the day of receipt of the documents, unless otherwise provided by an agreement between the issuing bank and the executing bank.

When a discrepancy is established on the basis of external features of the documents accepted by the executing bank from the recipient of funds, the terms of the letter of credit, the issuing bank has the right to refuse to accept them or to first request the payer about the possibility of accepting these documents. He must notify the bank from which the documents were received, or the recipient of funds, indicating in the notification the discrepancies that are the reason for the refusal.

At the same time, the issuing bank has the right to demand from the executing bank the return of the amounts paid to the recipient of funds at the expense of the coverage transferred to the executing bank (under a covered (deposited) letter of credit), the restoration of the amounts debited from the correspondent account opened with the executing bank, or refuse the executing bank to reimburse the amounts paid to the recipient of funds (under an uncovered (guaranteed) letter of credit). He is also obliged to credit the appropriate amount to the payer's account from which the funds were debited to cover the letter of credit.

The closure of the letter of credit is carried out by the executing bank on the grounds, an exhaustive list of which is provided for in Art. 873 CC:

• expiration of the letter of credit;
• statement of the recipient of funds on refusal to use the letter of credit, if such an opportunity is provided for by the terms of the letter of credit;
• full or partial withdrawal by the payer of a revocable letter of credit.

In any case, the executing bank must inform the issuing bank about the closing of the letter of credit, to which the executing bank is obliged to immediately return the unused amount of the letter of credit for its crediting to the payer's account (paragraph 2 of article 873 of the Civil Code).

Responsibility for violation of the terms of the letter of credit

Responsibility of banks for violation of the terms of the letter of credit is established in Art. 872 GK. The issuing bank is responsible to the payer, and the executing bank is responsible to the issuing bank.

There are two exceptions to this general rule, when the direct responsibility of the nominated bank is allowed both to the payer and to the recipient of funds. First, the nominated bank may be liable to the recipient of funds in the event of an unjustified refusal to pay funds under a covered or confirmed letter of credit. Secondly, the nominated bank may be held liable to the payer in case of incorrect payment of funds under a covered or confirmed letter of credit due to a violation of the terms of the letter of credit.

In both cases, we are talking only about a covered or confirmed letter of credit. Besides, in similar situations imposing responsibility on the nominated bank is not an imperative rule. The application of the general scheme of responsibility is not excluded. For example, a beneficiary (recipient of funds) who has fulfilled obligations under an agreement with the payer, but has received a refusal from the executing bank to issue the corresponding amount of money under a letter of credit, is free to present his claims to the counterparty under the agreement (payer) in connection with the latter's failure to fulfill obligations to pay for goods, works or services. In this case, the payer will already present claims to the issuing bank, which in turn will hold the executing bank liable.

In judicial and arbitration practice, there are many cases of imposing, at the request of the payer, responsibility for the incorrect payment of funds under a covered letter of credit in case of violation of its conditions by the beneficiary on the executing bank (paragraph 3 of article 872 of the Civil Code). In such cases, the executing bank, having reimbursed the payer for the amounts unjustifiably paid from the letter of credit, has the right to demand their return from the recipient of funds (beneficiary).

For example, in one of the cases, the paying organization applied to the arbitration court with a claim for the recovery from the nominated bank of funds unjustifiably paid from a letter of credit. As follows from the case file, the issuing bank, on behalf of the payer, opened an irrevocable covered letter of credit and instructed the executing bank to make payments on it. In accordance with the terms of the letter of credit, payment was to be made against the presentation of copies of the bills of lading, the certificate of quality of the goods and packing lists. The executing bank made the payment without checking the availability of the quality certificate. In this regard, the payer refused to accept the documents and demanded the return of the funds paid to the recipient.

They can be carried out with prior acceptance or without the acceptance of the payer.

The payment request is settlement document, containing the requirement of the creditor (recipient of funds) under the main contract to the debtor under the corresponding contractual obligation (payer) to pay a certain amount of money, presented through the banks serving them.

When settling with payment requests paid with the payer's acceptance, one of the copies of the payment request is transferred by the executing bank to the payer for its acceptance no later than the next business day from the day the payment request is received by the executing bank in the manner determined by the bank account agreement concluded between them. Until the payer's acceptance is received, the acceptance is refused (full or partial), or the acceptance period expires, the payment requests are placed by the executing bank in the filing cabinet of settlement documents awaiting acceptance for payment.

The payer, within the period established for acceptance, must submit to the bank an application drawn up in a special form (Appendix 24 to Regulation No. 2-P) for acceptance or refusal of acceptance on the grounds provided for in the main contract, with a mandatory reference to the number, date of the contract and indicating the reasons for refusal to accept. The correctness and completeness of the execution by the payer of such an application is checked by the bank. Under a bank account agreement, the payer may grant the executing bank the right to pay the payment claims submitted to its account if the payer does not receive a document on acceptance or refusal to accept the payment claim within the period established for acceptance. The accepted payment request is paid from the payer's account no later than the working day following the day of receipt of the application.

In case of a complete refusal of acceptance, the payment request no later than the working day following the day the executing bank receives the payer's application for refusal of acceptance is subject to return to the issuing bank together with a copy of the payer's application for subsequent return to the recipient of funds. In case of partial refusal of acceptance, the payment request is paid in the amount accepted by the payer. One of the copies of the payer's application for a partial refusal of acceptance is sent to the issuing bank for transfer to the recipient of funds. If, within the period established for acceptance, the payer's application for acceptance of the payment request (refusal of acceptance) is not received by the executing bank, the payment request is returned to the issuing bank on the next business day after the expiration of the acceptance period with a note from the executing bank that consent to acceptance has not been received.

Settlements by payment claims paid without the payer's acceptance are used in cases where the possibility of direct debiting of funds from the payer's account for goods supplied, work performed or services rendered is provided for by law or contract.

Direct debiting of funds in the cases provided for by the main agreement is carried out by the executing bank if the bank account agreement concluded between this bank and the payer (account holder) contains conditions for direct debiting of funds. In this case, the payer (account holder) must provide the servicing bank with information about the creditor (recipient of funds) that has the right to issue payment requests for debiting funds without acceptance, as well as about the main agreement (date, number, clause of the text of the agreement providing for the right to direct debit) and about goods, works, services for which settlements can be made by payment requests paid without the payer's acceptance.

When accepting payment requests for direct debiting of funds from the payer's account, the executing bank is obliged to check whether the specified settlement documents contain a reference to legislative act or the main agreement that gives the recipient of funds (creditor) the right to write off funds without acceptance.

In cases where the bank account agreement or additional agreement there is no condition for direct debiting of funds according to the payment requirements of the relevant creditor (recipient of funds) or the payment request issued to the payer's account is issued in violation of the established rules, the specified payment request is paid by the executing bank in the order of preliminary acceptance with a period for the payer's acceptance equal to five working days (clause 11.2 of Regulation No. 20-P).

Obligations for settlements by collection orders

A collection order is a settlement document, on the basis of which funds are debited from the payer's account in an indisputable manner in cases where:

• such procedure is established by law; or
• recovery is made according to executive documents; or
• the main contract provides for settlements by collection orders, and the bank servicing the payer is granted the right to debit funds from his account without his order.

Therefore, the collection order must contain a reference either to the relevant law, or to the executive document (the original of the executive document or its duplicate must be attached to the collection order), or to the main agreement providing for the right of the creditor to indisputably write off funds from the payer's account. The absence of such information is the basis for the executing bank's refusal to pay for the relevant collection orders.

But when making settlements in the form of collection, banks perform a number of actions that are not related to the transfer of funds themselves: in sending payment requests to the place of payment, presenting them for acceptance, etc. Since the plaintiff did not take into account the terms for performing transactions on accounts (Article 849 of the Civil Code), the terms for the passage of documents sent to the payer's bank, as well as the terms established by banking rules for the acceptance of these documents by the payer, and did not exclude non-working days (which are not operating days) from the total period, the arbitration court came to the conclusion that there was no delay in the execution of the payment request by the respondent bank.

As for the executing bank, it can be held liable to the client only if the failure or improper execution of the payment request or collection order of the client took place in connection with the violation of the rules for performing settlement transactions on the part of the executing bank (paragraph 3 of article 874 of the Civil Code).

Liabilities for settlements by checks

The concept of a check and payments by checks

The prepaid card is intended for its holder to carry out transactions, settlements for which are carried out by the credit institution - issuer on its own behalf, and certifies the right of the card holder to claim the credit institution - issuer for payment for goods (works, services, results of intellectual activity) or the issuance of cash (clause 1.5 of Regulation No. 266-P).

In addition to issuing bank cards, credit institutions have the right to distribute bank cards, which means the activity of issuing bank cards issued by other credit institutions, as well as payment cards of issuers - foreign organizations that are not banks.

In addition, credit institutions carry out the acquiring of bank (payment) cards - settlements with trade organizations or organizations providing services for transactions made using payment cards, as well as the issuance of cash to payment card holders who are not clients of these credit institutions.

Credit institutions have the right to simultaneously issue bank cards, acquiring payment cards, as well as distribute bank (payment) cards. Such activities may be carried out by credit institutions on the basis of internal bank rules developed by the credit institutions themselves in accordance with the law, banking rules and the rules of participants in settlements using bank cards and approved by the management body of the credit institution authorized to do so by its charter (clause 1.11 of Regulation No. 266-P).

Participants of settlement legal relations connected with the use of bank cards are:

• client - the owner of a bank card, which is an individual or legal entity that has concluded a bank account agreement with the issuing bank, providing for transactions using bank (payment) cards;
• bank card holder - the owner of the bank card, as well as the person authorized by him (if the owner of the bank card is a legal entity);
• issuing bank - a bank that issued a bank card and concluded an agreement with its owner providing for transactions using a bank card;
• acquirer - a credit institution that makes settlements with trade organizations and organizations that provide services for transactions made using bank cards, as well as the issuance of cash to bank card holders who are not clients of this credit institution, and has the necessary technical devices that allow transactions using bank (payment) cards (ATMs, electronic terminals, imprinters, etc.);
• trade organization - an organization that trades or provides services that has assumed obligations under agreements with other participants in settlements using bank cards to accept documents drawn up using bank cards, with their subsequent payment in the order of acquiring;
• processing center - an organization that prepares documents containing information about transactions performed using payment cards for certain period time, as well as collecting, processing and sending information to settlement participants - credit institutions about transactions with payment cards;
• settlement agent - a credit institution that carries out mutual settlements between participants in settlements on transactions using bank cards.

The system of contracts for settlements using bank cards

All participants in these settlement legal relations are interconnected by contractual obligations, the central place in the system of which is occupied by contractual obligations between the owner (holder) of a bank card and the issuing bank. In the absence legislative regulation settlements using bank cards, the content of such an agreement should provide a detailed regulation of the actions of the owner of the bank card and (mainly) the bank to carry out the corresponding settlements.

The agreement concluded by the issuing bank and the client (bank card holder) should be qualified as a bank account agreement, since all settlements using bank (payment) cards represent for the issuing bank only one of the types of operations carried out on the client's account, and therefore are fully covered by the content of the bank's obligations under this agreement. At the same time, transactions using bank cards make it possible to single it out as a separate type of bank account agreement.

Sometimes it is considered as a mixed agreement containing elements of a bank account agreement and a loan agreement or an agreement on settlements for transactions made using a card. This approach seems justified only if the agreement in question includes conditions that go beyond the scope of the subject of the bank account agreement. For example, in accordance with clause 2.8 of Regulation No. 266-P, credit institutions, when issuing payment cards and credit cards, may provide in the bank account agreement a condition for the client to carry out transactions using these cards, the amount of which exceeds the balance of funds in the client’s bank account, including the overdraft limit. Settlements for these transactions can be carried out by providing a loan to the client in the manner and on the terms, stipulated by the agreement bank account. In other cases, considering the agreement between the issuing bank and the holder of a bank card as a mixed one undermines the independent meaning of the bank account agreement, the purpose of which is precisely to carry out non-cash payments, including those related to payments using bank cards (however, as well as with any other forms of non-cash payments).

The system of contractual relations that ensures the implementation of settlements using bank cards also includes an agreement concluded between a trade organization and an acquiring bank, which should provide for mutual obligations of the parties: a trade organization - to accept bank (payment) cards and documents drawn up using them, and an acquiring bank - to make payments according to documents drawn up using bank cards.

Relations between issuing banks, acquiring banks and relevant payment systems (processing companies) are also built on a contractual basis, within which settlements are made using certain bank (payment) cards, information is exchanged and mutual settlements are made between participants in the payment system.

This system of agreements concluded between participants in settlement legal relations related to the use of bank (payment) cards should provide for the holders of such cards (clients) the opportunity to carry out in full the range of operations provided for by Regulation No. 266-P. In particular, a client - an individual should be able to carry out the following operations using a bank card:

• receipt of cash in the currency of the Russian Federation and in foreign currency on the territory of the Russian Federation;
• receiving cash in foreign currency outside the Russian Federation;
• payment for goods (works, services, results of intellectual activity) in the currency of the Russian Federation on the territory of the Russian Federation, as well as in foreign currency - outside the territory of the Russian Federation;
• other transactions in the currency of the Russian Federation, in respect of which the legislation does not establish a ban (restriction) on their performance;
• other transactions in foreign currency in compliance with the requirements of currency legislation.

Customers - individuals using bank cards can also carry out transactions in a currency other than the currency of their account, as well as the currency of funds deposited for settlements using a prepaid card, in the manner and on the terms established in the bank account agreement (an agreement providing for transactions using prepaid cards).

Fulfillment of settlement obligations using bank cards

When performing transactions using payment card Documents are prepared on paper or in electronic form, which are the basis for making settlements on the specified transactions and serving as confirmation of their completion. They are the register of payments or electronic journal. The details of the document on transactions with the use of a payment card, in any case, must contain signs that allow you to reliably establish a correspondence between the details of the payment card, the bank account of its owner, as well as between the identifiers of trade organizations, cash points (PVN), ATMs and bank accounts of trade organizations.

Write-off or crediting of funds for transactions made with the use of payment cards must be carried out no later than the business day following the day the credit institution receives the register of payments or the electronic journal.

The procedure for settlements using a bank card when a client (cardholder) purchases goods (services) from a trading organization is that when buying goods (paying for services rendered), the client (cardholder) presents the trading organization with a card for making the corresponding payment. An employee of a trade organization immediately at the time of purchase or payment for services draws up (prints) a receipt (slip), on which the necessary information from the card is entered using an imprinter.

In cases stipulated by the settlement rules in force in the payment system, or by agreements concluded between participants in settlements using bank (payment) cards, or if the transaction amount exceeds the established one-time limit, the trade organization must carry out an authorization procedure (until the slip is drawn up), during which, using communication channels, the solvency of the client (cardholder) is confirmed.

Documents drawn up by a trade organization using bank (payment) cards (slips) are submitted by the latter to the bank servicing it (as a rule, an acquiring bank) and serve as the basis for crediting the corresponding amount of money to the settlement account of the trade organization. Mutual settlements between credit institutions participating in the payment system (the acquiring bank and the issuing bank) are carried out through the settlement agent, and information is exchanged through the processing center.

Introduction

Chapter 1. Settlement legal relations.

1.1 The concept and principles of settlement legal relations;

1.2 Types of calculations.

Chapter 2. Legal relations arising from cash settlements.

2.1 The concept, procedure and limitations of cash payments;

2.2 Cash means of payment and their types

Chapter 3. Legal relations arising from non-cash payments

3.1 The concept of cashless payments;

3.2 Types of non-cash payments:

3.2.1 Settlements using payment orders;

3.2.2 Settlements under a letter of credit;

3.2.2.1 Revocable letter of credit;

3.2.2.2 Irrevocable letter of credit;

3.2.3 Settlements on collection orders;

3.2.4 Settlements using settlement checks.

Conclusion

List of used literature

Introduction

settlement legal relationship monetary non-cash

Without "calculations", payments, the existence of any economy, state is unthinkable. Even the Soviet (socialist) state and law could not refuse settlements between organizations, because settlements (synonym - payments) - the basis of any monetary relations.

Payments (settlements) have been used by citizens and corporations since ancient times, but the very concept of "settlements", and even more so the development of its legal nature, appeared relatively recently.

In the pre-revolutionary Russian Empire, the definition of "calculations" (calculation) as such was not singled out in the legislation. Meanwhile, "calculation" was used by various researchers when characterizing the "current account agreement". At the same time, the current account agreement was defined as “an agreement between two persons on the mutual opening of a loan for transactions concluded with each other within the agreed time”, and the concept of settlement was used as a component of the agreement: “the settlement is expressed in the result, called the balance (vol. XI, part 2, Const. Trade. Art. 680), which is promissory note, justified by the contract account for a known period. It finally summarizes not only the amounts of liabilities included in the current account, but also the interest accrued separately for each amount from the moment it was included. Calculation in itself has as its goal not the termination, but only the simplification of the current account, and therefore the balance is usually entered as the first item on the balance sheet. new period current account. The merger in this article of the capital amount and interest does not prevent a new calculation of interest on the balance.

The period of the Soviet state and law is characterized by the fact that all enterprises have state form property, the single settlement center in the USSR since 1930 has been National Bank THE USSR. Forms of non-cash payments are established by the credit reform of 1930-31 and subsequent legislation. The State Bank of the USSR issues rules and instructions on the procedure for settlements, which are obligatory for enterprises and organizations.

As modern researchers note, “the theory of settlement legal relations was generated by the existing after the credit reform of 1930-1932. administrative-command methods of managing the economy and special legal status bank, which was both a governing body and an economic entity, which objectively required special legal regulation and the allocation of independent settlement legal relations.

In Soviet law, settlements were understood mainly as "payments between socialist organizations for inventory items, work performed and services rendered, produced in a non-cash manner by debiting funds from the payers' accounts by the bank on their behalf and crediting funds to the accounts of the recipients of funds (except for small amounts, settlements for which are made in cash), as well as by offsetting mutual claims."

Article. 391 of the Civil Code of the RSFSR 1964 established that payments on obligations between government organizations, collective farms and other cooperative and public organizations are made in the form of non-cash payments through credit institutions in which these organizations, in accordance with the law, keep their money. This article and the chapter regulating settlements have lost legal effect with the adoption of the Decree of the Presidium of the Supreme Soviet of the RSFSR of February 24, 1987.

With change economic course and the beginning of the reforms, the Rules for cashless payments were introduced in national economy September 30, 1987 No. 2. The rules regulated relations on settlements in the order of offsetting counterclaims and settlements in the order of planned payments.

In modern Ukraine, cash payments that are carried out by enterprises and organizations, regardless of the legal form and type of activity, can be made both in cash and in a non-cash manner. Together, these cash payments form the cash turnover of enterprises.

IN cash flow enterprises can be divided into the following areas:

1. calculations related to the production process (purchase of raw materials, materials, fixed assets);

2. calculations based on the results of activities ( financial obligations enterprises before the budget, centralized funds designated purpose, credit institutions);

3. on-farm settlements (these are settlements with workers and employees when creating and using various cash funds).

These directions in money circulation are different both in terms of economic content, and according to the technique of their commission, types and methods financial control for their implementation. However, in the aggregate, their implementation contributes to the continuous movement of material assets in the process of production and sale of products.

This term paper is the very disclosure of the concept, content and essence of calculations. Comparison of calculations in monetary form and non-cash settlements among themselves, as two aggregated components of all settlement legal relations, as two interrelated and equally necessary institutions for the entire financial system Ukraine.

CHAPTER 1. Settlement legal relations

1.1 The concept and principles of settlement legal relations

The activity of commercial banks in making payments and settlements in the national economy determines their decisive role in the organization monetary circulation. Relationships in which one party makes payments in the interests of the other through financial institutions are called settlement relationships. However, settlement relations can also arise in the absence of such an entity as a financial institution. This applies to relationships based on cash settlements. But cash settlements, as well as non-cash settlements, are strictly regulated by the norms of civil and financial law.

Settlement legal relations are such legal relations that arise between the subjects of settlement relations in the process of making payments for transferred property (work performed, services rendered) or for other reasons in cash or non-cash form.

1) all enterprises and organizations are required to keep their funds - both their own and loan funds - in accounts with bank institutions, with the exception of cash balances in their cash desks within the limit established by the bank;

2) settlements between enterprises and organizations are carried out, as a rule, in a non-cash way through banks;

3) non-cash payments are carried out according to the current forms of payment;

4) economic entities have the right to freely choose the conditions for the previous payment for goods (works, services), except for cases enshrined in legislation;

5) payments are made at the expense of the payer or at the expense of bank loan;

6) debiting funds from clients' accounts is carried out only at their disposal, or with their consent;

7) when carrying out settlement operations, banks control the check by enterprises, organizations of settlement and contractual discipline. Banks apply appropriate sanctions to business entities that violate the settlement rules.

In the relations that arise between banking institutions and account holders during settlements, as a rule, three subjects take part if the transfer of funds is carried out at the intra-bank level: the payer, the recipient, the bank. As well as four entities, if the transfer of funds is carried out at the interbank level: the payer, the payer's bank, the recipient and the executing bank (the bank of the recipient of funds). It is worth noting that there can be two subjects of settlement relations (payer and recipient), in cases of cash settlements. For example, when calculating between a seller and a buyer.

The parties to settlement legal relations are obliged to adhere to

Law and contract terms.

The procedure for making payments is regulated by law. This means that the parties in the settlement relationship must clearly comply with the established requirements. However, in accordance with the requirements of the legislation, a necessary legal fact for the emergence of settlement legal relations is an agreement on settlement cash service. Again, it is important to note that this agreement may be concluded between the bank and the payer of funds orally. For example, if the payer applied to the bank with a request to transfer funds to the recipient, while not having an account with this bank. Then the request (order) for the transfer of funds should be considered as an offer. The acceptance of such an order for execution should be considered as an acceptance, that is, the bank's consent to conclude an agreement with the client on the implementation of a bank transfer, which, in turn, as mentioned above, can also be concluded orally. This agreement, concluded on an oral basis, can be confirmed by the relevant settlement documents.

Let us pay attention to the fact that a necessary condition for non-cash payments is an open deposit account in a bank in the name of at least the recipient of funds.

IN banking there is such a phenomenon when the same calculation contains both cash and non-cash character. For example, when the payer makes a payment to the beneficiary's account in cash. Then, the payment made by the payer is in cash, and the recipient makes this payment in a non-cash form, and, thus, for the recipient of the funds, the payment is non-cash, and for the payer of funds - cash.

Contractual relations and relations between the payer and the recipient of funds that enter into contracts for the sale of products, the provision of services or the performance of work, with

conducting settlement transactions, as well as relations regarding the opening of accounts in a credit institution, are regulated by civil law norms. Relations that arise as a result of the activities of financial institutions, the regulation of the rights and obligations of the account holder and the bank are regulated by financial and legal norms.

To improve the organization commercial banks settlement and cash services of the national economy Resolution of the Board of the NBU approved the Rules for the organization of settlement and cash services by commercial banks of customers and the relationship on this issue between the territorial department of the NBU and commercial banks in national currency. Between commercial bank and the client concludes an agreement for settlement and cash services, which provides for a set of mutual rights and obligations of the bank and the client regarding the use of funds and banking services.

In addition, the procedure for conducting settlement transactions is regulated by the “Instruction on non-cash payments”.

1.2 Types of settlements

Settlement legal relations can be divided into two aggregated groups:

1) cash payments;

2) non-cash payments.

Cash settlements- these are cash payments of enterprises, entrepreneurs and individuals for sold products(goods, work performed, services provided) and for transactions that are not directly related to the sale of products (goods, works, services) and other property.

Cashless payments- this is the transfer of certain amounts of funds from the accounts of payers to the accounts of recipients of funds, as well as the transfer by banks, on behalf of enterprises and individuals, of funds deposited by them in cash at the bank's cash desk, to the accounts of recipients of funds. These calculations are carried out by the bank on the basis of settlement documents on paper or electronically.

The Civil Code contains a list of the most common forms of payment. These include settlements: by payment orders; letters of credit; by collection; checks.

However, other forms of settlements provided for by law, banking rules and business customs are allowed. Based on the principles of the will of the contract and the autonomy of the will, the parties have the right to choose each of the specified forms of payment.

Since the competence of the NBU includes the establishment of rules and forms of non-cash payments, along with the norms of the Civil Code, providing for forms of non-cash payments, in the part that does not contradict the Civil Code, there is an Instruction on non-cash payments in Ukraine in the national currency. Thus, the instruction establishes the rules for the use of payment instruments in the implementation of settlement transactions in the form of: a memorial order; payment order; payment request-order; payment request; settlement check; letter of credit.

We present the types of settlement legal relations in scheme No. 1:

Settlement legal relationship

Scheme No. 1

The use of promissory notes and special means of payment, in particular payment cards (including corporate cards), is regulated by the legislation of Ukraine, including regulatory legal acts National Bank Ukraine.

Clients of banks for settlements independently select payment instruments (with the exception of a memorial order) and indicate them during the withdrawal of agreements for settlement and cash services.

The form of settlements depends on the status of the subjects of settlement relations and the grounds on which the payment is made.

Non-cash payments are carried out through banks in which legal entities and individuals have accounts.

Settlements between legal entities, as well as settlements of citizens-entrepreneurs, are carried out, as a rule, in a non-cash form. Settlements of these persons in cash are strictly regulated by banking regulations.

Settlements with the participation of citizens not related to business activities can be carried out in cash without limiting the amount or in a non-cash manner.

Chapter 2. Legal relations arising from cash settlements

2.1 The concept of cash settlements

One of the types of settlement legal relations are legal relations arising from cash settlements.

Under cash payments, it is necessary to understand cash payments by enterprises (entrepreneurs) and individual entrepreneurs for products sold (goods, work performed, services provided), as well as for operations that are not directly related to the sale of products (goods, works, services) and other property.

As you can see, cash settlements include settlements not only for products sold (goods, works, services), but also settlements for non-operating transactions.

Non-operating receipts and expenses include receipts from transactions not directly related to the sale of products (goods, works, services) and other property (including fixed assets, intangible assets, auxiliary and service production products), including repayment accounts receivable, loan debts, gratuitously received funds, compensation for material damage, contributions to the statutory fund, payments for property leased (rented), royalties, income (interest) from ownership corporate rights, return of unused accountable amounts and other receipts.

Cash settlements between enterprises among themselves, with entrepreneurs and individuals are carried out both at the expense of funds received from the cash desks of banks and at the expense of cash proceeds and are carried out through the cash desk of enterprises with the maintenance of a cash book of the established form, as well as with obligatory registration cash documents(cash orders).

The procedure for accepting and dispensing cash, processing cash documents, maintaining a cash book and storing money is determined by the Regulation on conducting cash transactions in the national currency in Ukraine, approved by the Resolution of the Board of the National Bank of Ukraine dated December 15, 2004 No. 637.

Enterprises are required to keep their funds in current accounts with bank institutions. At the same time, they are allowed to keep a small amount of cash, necessary for current expenses, in their cash desks. Cash balance limits at the end of the day are set for each company independently.

However, as mentioned above, there are also restrictions for enterprises and individual entrepreneurs regarding cash settlements. Thus, the National Bank of Ukraine established restrictions on the amount of cash settlement of one enterprise (entrepreneur) with another enterprise (entrepreneur) through their cash desks or through the cash desks of banking institutions. The amount of such payments should not exceed UAH 10,000. Within one day for one or more payment documents. Payments in excess of the established limit amount are carried out exclusively by bank transfer. The number of enterprises with which settlements are carried out during the day is not limited.

These restrictions also apply to cash settlements between enterprises (entrepreneurs) in payment for goods purchased for production (economic) needs at the expense of funds received on corporate cards.

Corporate card - payment card issued in the name confidant client - legal entity or entrepreneur.

These restrictions do not apply to:

a) settlements of enterprises (entrepreneurs) with individuals, budgets and state trust funds;

b) voluntary donations and charitable assistance;

c) settlements of enterprises (entrepreneurs) for the electricity they use;

d) use of funds issued for a business trip;

The established restrictions on cash settlements also do not apply to settlements between enterprises (entrepreneurs) when purchasing agricultural products (the list of which is provided for by the Law of Ukraine “On state support Agriculture Ukraine").

As for individuals (not entrepreneurs), they can pay for products sold (goods, work performed, services provided) and for transactions that are not directly related to the sale of products (goods, works, services) and other property in cash without any restrictions.

2.2 Cash means of payment

Cash are national banknotes- banknotes and coins that are valid means of payment.

In accordance with paragraph 2.13 of Regulation No. 637, enterprises (entrepreneurs) that carry out cash settlements with consumers are obliged to accept banknotes and coins (including circulating, commemorative, commemorative coins, worn banknotes and coins) as payment for products (goods, works, services) without restrictions of all denominations that the NBU puts into circulation and which are valid means of payment and do not raise doubts about their authenticity and solvency.

In order to determine the solvency of banknotes and coins when they are accepted and issued for all types of cash payments, for transfers, crediting to accounts, deposits, letters of credit, cash transactions, exchange, etc., the NBU approved Rules No. 547 .

In accordance with clause 1.2 of Regulation No. 547, banknotes and coins in circulation made to order by the NBU, depending on appearance as a result of depreciation, they can be payable and non-payable.

Payment banknotes (coins) are genuine banknotes (coins), which, according to the criteria established by the National Bank, can be used for settlement of all types of cash transactions or accepted by the bank for exchange and other banking transactions. Depending on the degree of wear or damage, payment banknotes (coins) are divided into suitable and unsuitable for circulation.

Banknotes (coins) suitable for circulation are payment banknotes (coins) that do not have signs of wear, damage and defects determined by the National Bank. Such means of payment include banknotes (coins) that, by design and elements of protection against counterfeiting, fully correspond to the samples and descriptions given in the official reports of the National Bank, and during circulation have not acquired signs of wear and damage. At the same time, minor signs of corrosion and darkening are allowed on the coins. Banknotes and coins suitable for circulation can be issued by banks to individuals and legal entities, they are required to be accepted without any restrictions by individuals and legal entities for all types of cash payments, transfers, and by banks, in addition, for crediting to accounts, deposits, letters of credit, etc. (clause 2.2 of Rules No. 547).

According to the degree of wear, damage and presence of defects, banknotes (coins) unfit for circulation are divided into:

Worn banknotes and coins;

Significantly worn banknotes;

Banknotes and coins with manufacturer's defects.

Signs of wear, damage and defects of the listed banknotes and coins.

Signs of wear, damage and defects of the listed banknotes and coins are defined in paragraphs. 2.4 - 2.6 of Regulation No. 547. We present them in Table No. 1:

Table No. 1

Kinds of unsuitable	Signs of wear, damage and defects	Note
Worn banknotes	Banknotes showing one or more signs of wear or damage, namely: - abrasions, partial loss of paint on images, loosening of paper, loss of paper stiffness; - general or local pollution, stains and inscriptions (including those visible in ultraviolet rays) with an area of ​​​​each over 400 mm 2 , the color of which contrasts with the color of the surrounding image or the surrounding unprinted area of ​​the banknote; - stamp imprints with an area of ​​more than 400 mm 2 , including those visible in ultraviolet rays, except for redemption stamps; Tears or cuts each over 5 mm, including glued; - holes and punctures, torn edges or corners, the area of ​​each of which is more than 10 mm 2	Worn-out banknotes and coins, if they do not have signs of forgery, must be accepted without restrictions by individuals and legal entities for all types of cash payments, for transfers, etc. Banks are obliged without restrictions to accept such banknotes and coins together with the proceeds of enterprises, institutions and organizations, as well as from individuals and legal entities for all types of cash payments, for crediting to accounts, deposits, letters of credit and exchange for banknotes and coins suitable for circulation
Worn coins	Coins with signs of chemical attack, as a result of which the color has changed, or mechanical damage (distorted design elements), provided that they do not have breaks, cuts and holes, are not deformed and have retained their mass, the image of the small State Emblem of Ukraine, the denomination, the name of the change unit and the relief or text on the edge, if it should be according to the official report of the National Bank
Significantly worn banknotes	Banknotes showing one or more of the following significant signs of wear or damage (whether or not there are signs of wear related to worn banknotes): - banknotes with lost parts, if a whole part of the banknote is preserved along with holes (holes), the area of ​​​​which is not less than 55% of its original area; - banknotes torn and cut into two or more parts, including glued together, if at least 55% of the total area of ​​the remaining parts definitely belongs to one banknote; - banknotes composed (glued) from halves of two different banknotes of the same denomination and design, torn (cut) in half, with a total area of ​​at least 92% of the original area of ​​the banknote; - banknotes damaged by fire, water, various liquids or chemicals, etc., which caused destruction and charring of paper in certain areas or over the entire area of ​​the banknote, if at least 55% of its original area was preserved along with the damaged areas	significantly worn banknotes that have retained a whole part of an area of ​​at least 55% of their original area, and banknotes torn into two parts, on which the same numbers and series have been preserved, and total area of these parts, at least 55% of the original area, if they do not have signs of forgery, banks are obliged to accept without restriction from legal entities and individuals for exchange for banknotes suitable for circulation, as well as for crediting to accounts, deposits, letters of credit, for cash payments, etc. With regard to other damaged banknotes composed (glued) of two or more parts, it should be noted that such banknotes should be withdrawn by banks as doubtful in terms of payment. Such banknotes in due course are sent for research to the relevant territorial departments of the National Bank. It is also necessary to keep in mind that only banknotes damaged by fire, water, various liquids or chemicals, etc., whose area during acceptance and processing may become less than 55% of the original area, are not accepted by banks and other legal entities. In order to exchange such banknotes, individuals and legal entities must apply directly to the territorial departments of the National Bank, which are obliged to make a decision on the exchange of banknotes in the presence of the bearer or accept them for examination at his request.
Banknotes and coins with manufacturer's defects	Banknotes and coins with any deviations from the sample made during manufacture (on banknotes - there are no graphic images, one or more colors, numbers, no or incorrectly placed watermark or protective tape, mismatch of the watermark or protective tape with the face value, etc.; on coins - cracks, chips, displacement of the image, an inverted image of the reverse in relation to the obverse, fuzzy minting, etc.), which were erroneously put into circulation , but have not lost their ability to pay according to the degree of depreciation	Banknotes and coins with manufacturer's defects, if they do not have signs of forgery, banks are obliged to accept without restriction from legal entities and individuals for exchange for banknotes and coins suitable for circulation, as well as for crediting to accounts, deposits, letters of credit and for cash payments, etc.

Let us pay attention to the fact that the exchange of banknotes and coins unsuitable for circulation (worn out, significantly worn out and with manufacturer's defects) by banks is carried out free of charge (clause 2.7 of Regulation No. 547). At the same time, banks are prohibited from using banknotes and coins unsuitable for circulation for settlements, exchange, and issuance to customers (legal entities and individuals).

Non-payment banknotes (coins) include:

Genuine banknotes (coins) that cannot be used as a means of payment due to the acquisition in the process of circulation of signs of wear and damage that exceed the criteria established by the National Bank;

Counterfeit banknotes (coins);

Banknotes and coins withdrawn from circulation by the National Bank;

Legal entities and individuals should not use non-payment banknotes and coins when making settlements, and banks should not accept them for crediting to accounts, deposits, letters of credit, for exchange and issuance to customers (except for banknotes and coins withdrawn from circulation, if they meet established requirements, which are exchanged during the period and in the manner determined by the NBU). Moreover, banknotes and coins that have signs of forgery (alteration) are seized by banks and are not returned to the bearer.

Chapter 3. Legal relations arising from non-cash payments

3.1 The concept of cashless payments

Getting Started this issue, it is necessary to refer to the Instructions on non-cash payments in Ukraine in the national currency, approved by the Resolution of the NBU Board of January 29, 2004 No. 22. According to instructions non-cash payments is an enumeration a certain amount funds from the payer's account to the account of the recipient of funds, as well as the transfer by banks, on behalf of legal entities and individuals, of funds deposited by them in cash to the cash desk of the bank, to the account of the recipient of funds. These calculations are carried out by the bank on the basis of settlement documents on paper or in electronic form.

The organization of cashless payments in Ukraine should influence the acceleration of the circulation of funds, ensure the continuous sale of products.

In the organization of cashless payments, it is important that the moment of making the payment is as close as possible to the moment of shipment of products, performance of work, provision of services. Timely and full payment for products, performance of work, provision of services, other debt obligations is one of the main signs of the effective functioning of the economy as a whole and each of its subjects separately.

The principles of organizing a modern system of non-cash payments are set out in the Instruction on non-cash payments in Ukraine in the national currency dated January 29, 2004 No. 22. According to this instruction, the system of cashless payments can be represented as follows, in scheme No. 2:

Scheme No. 2

· funds of business entities (except for cash balances within the limit) must be kept on current accounts in Ukrainian banks;

Economic entities independently choose a bank for servicing at their own request and with the consent of this bank;

· Funds are debited from current accounts of counterparties (clients) on behalf of their owner or by order of collectors in the event of a forced write-off of funds;

settlement documents are accepted by the bank for execution only to the extent of the balance of funds on the current accounts of counterparties (clients) or if the agreement between the bank and the payer provides for their acceptance for execution in the absence or lack of funds on the accounts;

· banks carry out cash and settlement services for their customers in accordance with the current legislation and regulations, relevant agreements and their internal provisions for the implementation of cashless payments;

· Clients of banks for settlements independently choose payment instruments and indicate them during the preparation of contracts.

For settlements, a letter of credit, collection, bill form, as well as forms of payment for settlement checks, plastic cards. The forms of non-cash payments and the rules for their implementation are established by the NBU. Enterprises can apply the following when carrying out settlement operations: payment instruments :

· memorial warrants;

· payment order;

payment request - order;

settlement checks;

· letters of credit;

3.2 Types of cashless payments

As mentioned above for the most common forms

settlements include settlements: payment orders; letters of credit; by collection; checks.

Let's consider them in more detail below.

3.2.1 Settlements using payment orders

According to the Law of Ukraine "On payment systems and money transfer in Ukraine" dated April 5, 2001 No. Payment order- a settlement document that contains an instruction from the payer to a bank or other institution - a member of the payment system that serves him, to transfer the amount of money specified in it from his account to the recipient's account.

When settling by payment orders (bank transfer), the bank that accepted the order undertakes, on its own behalf, but at the expense of the client - the payer, to make a payment to a third party - the recipient of funds. That is, the bank is obliged not only to write off the required amount from the payer's account, but also to ensure its transfer to the recipient's account opened in the same or another bank.

According to the general rule established by the Law "on payment systems and money transfers in Ukraine", interbank transfer completed within three business days. An intrabank transfer is carried out within the time period established by the bank's internal regulations, but cannot exceed two business days.

The payer can independently set the date from which the money transferred by the payer to the recipient becomes the property of the recipient. To do this, in the settlement document or in the document for the transfer of cash, the payer indicates the value date, which cannot be later than ten calendar days after the payment order has been issued. Before the value date, the transfer amount is accounted for in the recipient's bank or in an institution that is a member of the payment system.

An agreement or banking customs may establish shorter periods than those determined by law.

What is very important to note is that not only the client of this bank, but also a person who does not have an account with it, can transfer funds.

Submitting a payment order to the bank is an action performed by the client in order to fulfill the bank account agreement. The Bank has the right not to execute this order only if it contradicts the law.

Payers draw up instructions for debiting funds from accounts on the appropriate forms of settlement documents, the form and procedure for issuing which are determined by the instruction on non-cash payments in Ukraine in the national currency, approved by the NBU Decree of March 29, 2001 No.

In accordance with paragraph 22.6 of Art. 22 of the Law of Ukraine "On Payment Systems and Money Transfers in Ukraine", the bank that serves the recipient of funds, in the event of a discrepancy between the recipient's account number and its code, has the right to delay the transfer amount for up to two business days to clarify the details of the proper recipient of these funds, and this leads to the diversion of funds from circulation and extends the payment processing time.

The payer may give an instruction to debit funds from his account in the form of an electronic settlement document, if this is provided for by the agreement between him and the bank. An electronic document has the same legal force as a paper document. An electronic digital signature on an electronic document has the same legal force as a signature on a paper document. Responsibility for the accuracy of the information contained in the details of the electronic document lies with the person who signed this document with an electronic digital signature.

Payers' instructions to write off funds from their accounts are accepted by banks for execution only within the limits of the funds available on these accounts or if the agreement between the bank and the payer provides for their acceptance and execution in the absence or insufficiency of funds on these accounts. In this case, the bank serving the payer in view of the lack or insufficiency of funds in the payer's account can make a payment at the expense of a bank loan.

The obligation of the payer's bank to fulfill the client's order to transfer funds is considered fulfilled at the time the money is credited to the beneficiary's account. From the same moment, the payer's monetary obligation to the recipient of funds arising from the supply agreement (purchase and sale, contract, etc.) can also be considered terminated. To perform operations of transferring funds to the account specified in the client's order, the payer's bank has the right to involve other banks. From a legal point of view, such actions should be considered as imposing the fulfillment of an obligation on a third party.

The instruction on non-cash payments in Ukraine in the national currency establishes two cases in which the bank has the right not to execute a payment order. First, in case of suspension expense transactions on the accounts of legal entities or individuals, carried out by authorized government bodies in accordance with the laws of Ukraine and exclusively, in cases provided for by them. Such operations on accounts are resumed only by the body that decided to suspend them, or by a court decision.

Secondly, the bank has the right to suspend the transfer of the payment, in the event of a reasonable suspicion that the transfer was initiated without legal grounds. To do this, the payer's bank gives (in writing or electronically) an instruction to the bank that serves the recipient to suspend crediting the transfer amount to the recipient's account or, if it has already been credited, to block the corresponding amount on the recipient's account for up to five business days until all circumstances are clarified. After that, the beneficiary's bank must immediately inform the initiator's bank about the actions taken. The instruction is drawn up in a derivative form and certified by the signatures of the head (his deputy) and the chief accountant (his deputy) of the bank that serves the initiator.

Simultaneously with the blocking of funds on the beneficiary's account, the beneficiary's bank also informs the beneficiary of the receipt from the initiator's bank of the corresponding instruction to return the funds and bank details on which he must return the funds. From this it can be seen that the bank cannot arbitrarily return the funds, but attracts a recipient for this. This follows from the restrictions of banks regarding the disposal of funds on customer accounts, which (restrictions) in turn are established by an agreement between the bank and the client, banking rules (norms) and the legislation of Ukraine.

The bank that serves the payer and the bank that serves the recipient are responsible to the payer and the recipient in connection with the transfer, in accordance with the Civil Code, the Law "On Payment Systems and Money Transfers in Ukraine" and the terms and conditions of agreements concluded between the Research Institutes. At the same time, in case of non-fulfillment or improper fulfillment of the client's order, the bank is liable not only for its own actions, but also for the actions of other banks to which it has entrusted the fulfillment of its obligation. Therefore, the payer can put forward a corresponding demand only to his own bank, and the latter has the right to reimburse what was paid at the expense of the violating bank.

Sometimes the payment order directly indicates the banks through which the transfer should be made, that is, the payer's bank does not choose who to entrust the execution of such an order to - the client decides this issue on his own. In these cases, it would be unfair to hold the payer's bank liable. In this and other similar situations, the court has the right to hold the guilty bank directly liable.

The bank held liable is obliged to compensate the payer for losses associated with violation of the rules for the implementation of settlement operations.

If, through the fault of the bank, the funds are credited to the account of the wrong recipient, then the bank is obliged immediately after revealing its mistake to transfer these funds to the account of the recipient to whom they were intended. If the bank fails to comply with this requirement, the recipient, to whom the funds were intended, has the right, in accordance with the procedure established by law, to demand from the violating bank the payment of a penalty in the amount of 0.1 percent of the amount of the overdue payment for each day of delay starting from the date of completion of the erroneous transfer, but not more than 10 percent of the transfer amount.

At the same time, the violating bank is obliged, after detecting an error, to immediately inform the improper recipient about the erroneous transfer and the need to initiate the transfer of an equivalent amount of money to this bank within three working days after the date of receipt of such a message. The form of the bank's message about the implementation of an erroneous transfer is established by the NBU.

In case of an erroneous transfer from the account of the wrong payer, which occurred through the fault of the bank, this bank is obliged to transfer the corresponding amount of money from the payer's account to the account of the wrong payer, and also pay a penalty in the amount of interest rate, which is set by this bank according to short-term loans, for each day starting from the day of the erroneous transfer until the day the transfer amount was returned to the account

improper payer, unless other liability is provided for by the agreement.

The procedure for settlements using payment orders is shown in scheme No. 3:

Scheme No. 3

at the intrabank level:

at the interbank level:

3.2.2 Letter of credit settlements

Letter of credit- this is an agreement containing the obligation of the issuing bank, according to which this bank, on behalf of the client (applicant of the letter of credit) or on its own behalf on documents that meet the conditions of the letter of credit, is obliged to make a payment in the interests of the beneficiary or instructs another (executing) bank to make a payment.

The content of a letter of credit as a form of payment consists in the receipt by the seller of firm guarantees of payment, and by the buyer - full rights to the shipped goods. This is possible when money is transferred by the payer only if certain conditions are met by its counterparty, which creates advantages that the seller has, having agreed with the buyer on letter of credit payment. Therefore, a letter of credit is more often considered not only as a form of payment, but also as a kind of security for payment for goods (works, services).

Relations under a letter of credit that arise between the bank and the paying client, as well as between the bank and the recipient of funds, are not related to the agreement concluded between the payer and the recipient. The isolated, abstract nature of these relations is expressed in the fact that banks are not required to check the compliance of the terms of the letter of credit (instructions on changing conditions, early closure, etc.) with the agreement between the payer and the recipient.

Four sides :

1) Applicant of the letter of credit. This is the payer under the letter of credit (buyer of goods), in order to open a letter of credit, he must submit an application to the servicing bank to open a letter of credit;

2) Issuing bank. This is the bank in which the letter of credit is opened, that is, in fact, this is the bank of the applicant for the letter of credit through which the payment will be transferred;

3) Executing bank. This is a bank that, on behalf of the issuing bank, makes payment according to the documents specified in the letter of credit. The executing bank, depending on the operation under the letter of credit, can also be an advising bank, that is, notify the beneficiary of the opening and conditions of the letter of credit. In essence, this is the beneficiary's bank through which he will receive the payment;

4) Beneficiary - the person to whom the payment is intended or in whose favor a letter of credit is opened, that is, the beneficiary - the recipient of funds, the seller of goods (works, services).

When paying by letter of credit, the bank that issues it acts on its own behalf, but at the expense of the client. Thus, relations under a letter of credit are considered as a kind of commission agreement, therefore, in the absence of special rules that regulate these relations, it is permissible to apply the relevant general rules about the commission agreement.

The conditions and procedure for making settlements by letters of credit are provided for in the agreement between the beneficiary and the applicant of the letter of credit and must not contradict the current legislation, including legal acts NBU.

The contract specifies:

Name of the issuing bank;

Type of letter of credit and payment scheme;

Method of notifying the seller about the opening of a letter of credit;

A complete list and exact description of the documents that must be submitted by the seller in order to receive funds under a letter of credit.

The issuing bank may open such types of letters of credit :

Covered - a letter of credit for making payments, under which the payer's funds are pre-booked in full on a separate account or issuer in the executing bank;

Uncovered - a letter of credit, payment under which, in the event of a temporary lack of funds in the payer's account, is guaranteed by the issuing bank at the expense of a bank loan.

Confirmed;

Unconfirmed;

The types of the most common letters of credit can be displayed in the diagram:

Scheme No. 4

Letter of credit
Coated			Uncovered		Confirmed				Unconfirmed

Schematically, the relationship between participants in letter of credit transactions includes four stages :

The first stage is the order of the payer to the issuing bank to open a letter of credit with payment instructions. The client submits to the issuing bank an application for a letter of credit in the form of Appendix No. 7 to the Instruction on non-cash settlements in Ukraine in the national currency, approved by the NBU Resolution of March 29, 2001.

No. 135, and in case of opening a covered letter of credit - the relevant payment orders. The letter of credit must contain only such conditions that the bank can verify documentarily.

The second stage is the transfer of powers to make payments from the issuing bank to the executing bank (beneficiary bank)

The third stage is the presentation by the beneficiary of the documents specified in the letter of credit and indicating the shipment of the goods.

The fourth stage is the implementation by the executing bank of payment according to the documents accepted by it.

We describe the order of stages in scheme No. 5:

Scheme No. 5

In certain cases, settlements between the seller and the buyer can be localized in one bank (for example, if it has accounts of both parties to the agreement). Then the rules on the executing bank are applied to the issuing bank, and the second stage of settlements under the letter of credit is absent.

The date of execution of payment orders submitted with the application for a letter of credit and the date of communication to the beneficiary must match.

Letter of credit may be closed in cases:

1) expiration of the letter of credit;

2) the recipient of funds refuses to use the letter of credit before its expiration, if this is provided for by the terms of the letter of credit;

3) full or partial withdrawal of the letter of credit by the payer, if such withdrawal is provided for by the terms of the letter of credit.

The above list of grounds for closing a letter of credit is exhaustive.

3.2.2.1 Revocable letter of credit

In international banking practice, various types of letters of credit are used, which differ in terms of funding sources and the rights of participants in the relevant obligations. The most important is the preparation of letters of credit for revocable and irrevocable.

According to the general rule of a revocable letter of credit, before the expiration of the term, the letter of credit can be changed or withdrawn by the issuing bank without the consent of the recipient of funds, without the risk of being held liable for this. Change or cancellation (full or partial) of a letter of credit is carried out by the issuing bank at the direction of the payer (for example, in case of non-compliance with the conditions stipulated by the agreement, early refusal of the issuing bank to guarantee payments under the letter of credit). At the same time, it is the recall that does not give rise to any obligations of the issuing bank to the beneficiary.

The applicant can provide all orders to change the terms of a revocable letter of credit or its cancellation to the beneficiary only through the issuing bank, which notifies the executing bank, and the latter notifies the beneficiary.

The nominated bank is not entitled to accept instructions directly from the applicant of the letter of credit (unless the issuing bank is a nominated bank).

If the executing bank is not the issuing bank, then the change in the terms of the revocable letter of credit or its cancellation occurs only after receiving the relevant message from the executing bank, which confirms that the documents on the letter of credit were not provided before the change in the conditions or cancellation of the letter of credit.

Documents that meet the terms of the letter of credit, submitted by the beneficiary and accepted by the executing bank before the latter receives a message about changing the terms or canceling the letter of credit, are subject to payment.

In the event that a payment is made by the executing bank before receiving a message about the change or cancellation of the letter of credit on documents that, by appearance, meet the conditions of the letter of credit, the issuing bank is obliged to provide a refund to the executing bank authorized to make the payment.

If the recipient of funds has complied with the terms of the letter of credit, but the payment has not been made, then the latter has the right:

a) put forward appropriate requirements to the issuing bank, whose obligation to the recipient of funds arises after it fulfills the conditions of the letter of credit;

b) put forward a claim to the payer, whose obligation arises from the supply agreement (contract, etc.)

A revocable letter of credit is disadvantageous to the seller because it does not provide him with sufficient security: it can be withdrawn without the consent of the seller. Therefore, in practice, this form of letter of credit is used extremely rarely. If the parties nevertheless decide to use a revocable letter of credit, then this must be indicated on the letter of credit, since according to clause 8.5 of the Instruction on non-cash payments in Ukraine in the national currency, approved by the NBU Resolution No. 22 of January 21, 2004, in the absence of such a mark, the letter of credit is considered irrevocable.

3.2.2.2 Irrevocable letter of credit

An irrevocable letter of credit cannot be canceled or changed without the consent of the recipient of the funds. If this rule is violated, the latter has the right to present a claim to the issuing bank for damages based on a letter of credit agreement, and to the payer - to make settlements on the basis of a supply agreement (contract, etc.), from which the monetary obligation arose.

An irrevocable letter of credit is a firm obligation of the issuing bank to pay funds in the manner and within the terms specified by the terms of the letter of credit, if the documents stipulated by it are presented to the bank specified in the letter of credit or the issuing bank, and the terms and conditions of the letter of credit are observed.

The terms of the letter of credit are valid for the beneficiary until he notifies the consent to amend them to the bank that advised these changes. The beneficiary may, in writing, inform about the consent or refusal regarding the amendment.

Acceptance of partial changes is not allowed.

The beneficiary may submit a proposal to amend the terms of the letter of credit by contacting the applicant of the letter of credit directly. The applicant, in case of consent, makes changes to the letter of credit through the issuing bank, which sends a message to the executing bank.

An irrevocable letter of credit may acquire the character of a confirmed letter of credit. To do this, the executing bank, which takes part in the letter of credit transaction, undertakes, in addition to the obligation of the issuer, to make payment to the beneficiary, in accordance with the terms of the letter of credit.

Confirmation of a letter of credit gives an additional guarantee of payment from another bank, which is not the issuing bank. The confirmation of an irrevocable letter of credit by another bank (confirming bank) at the authority or at the request of the issuing bank constitutes a firm commitment of the confirming bank in addition to the obligation of the issuing bank, provided that the required documents are presented and the terms and conditions of the letter of credit are observed. It is clear that a confirmed letter of credit is beneficial to the beneficiary - the degree of its security is significantly increased.

At the same time, the confirmed irrevocable letter of credit becomes dependent not only on the discretion of the recipient of funds, but also on his bank: it cannot be changed or canceled without the consent of the latter.

If the recipient of the funds complies with the terms of the letter of credit, each of these banks will be solely responsible to him, and he has the right to put forward appropriate requirements to each of the banks or the payer - at his own choice.

3.2.3 Settlement of collection orders

The term "collection operations" is used to refer to various actions of commercial banks aimed at obtaining payment and (or) acceptance from the debtor (payer). They are made on the basis of the collection order of the payee in his own name and at his expense. For some types of collection operations, the bank may be required to issue commercial documents to the payer upon receipt of acceptance and (or) payment from him.

Settlements on collection orders in international trade are governed by the International Rules for Collection of the International Chamber of Commerce as amended in 1995.

A collection transaction is an abstract agreement that does not depend on the contract between the payer and the recipient of funds, according to which settlements are carried out.

The issuing bank that has received the collection order has the right to involve another bank (executing bank) for its execution.

Signs of collection are:

The client's instruction to the bank to receive (collect) money or obtain the payer's consent for payment (acceptance of payment);

Execution of an order at the expense of the client;

Execution of the order by the issuing bank or independently with the help of the executing bank.

A collection order can be executed either with the help of various settlement documents (payment request, payment request-order, collection order), or in another way (check, bill of exchange).

The bank that received the collection order from the client is called the issuing bank. The bank that puts forward the demand for payment and (or) acceptance directly to the obligated person is called the executing bank.

In cases where the issuing bank provides settlement and cash services to both the payer and the recipient of funds, it is simultaneously the executing bank.

Payments in the order of collection can be made both with acceptance and without the acceptance of the payer - in cases provided for by law.

If the settlements are carried out with the payer's acceptance (acceptance form) or it is only about receiving an acceptance from the obligated person, then the issuing bank has the following obligations:

a) ensure that the obligated person submits a demand for payment and (or) acceptance of payment together with the relevant documents;

b) ensure that the appropriate funds are credited to the recipient's account or hand him the accepted documents if the payment or acceptance is made by the payer.

If settlements are made without the payer's acceptance, and the documents submitted by the recipient fully comply with the requirements of the law, then the issuing bank is obliged to ensure an indisputable (acceptance-free) debit from the payer's account if there is money on it and credit the amount received to the account of the payee.

Since the issuing bank that executes the collection order acts on behalf of its client and at his expense, he is his representative.

The originality of the collection operation lies in the dual legal status of the payer's bank. On the one hand, presenting its client with documents demanding payment (or acceptance) and sending the received sums (acceptance) to the bank of the recipient of funds, the payer's bank acts as an executing bank, that is, as a representative of the recipient of funds. On the other hand, when debiting money from its client's account on the basis of documents accepted by him, the payer's bank acts as a representative of the payer. Dual representation in banking is common.

Since the issuing bank and the executing bank are representatives of the payee, each of them can be held liable by the payee for non-execution or improper execution of the order. At the same time, it is worth proceeding from the fact that there are contractual relations between these banks and the payee, therefore they can be brought to contractual (and not extra-contractual) liability.

This conclusion, which is obvious in relation to the beneficiary's bank (issuing bank), needs to be explained in relation to the payer's bank (executing bank). A contractual relationship is formed between the executing bank and the payee to perform a specific collection operation. Therefore, the executing bank may be held liable to the recipient of funds for improper execution of his instructions.

In banking practice, there are not only cases when the issuing bank and the executing bank are the same entity, but also when the payer and recipient of funds are personified in the same person. This happens, for example, in the case of an instruction to the bank, on the part of the client, to collect amounts from the cash desks of legal entities or from the cash desks of individual entrepreneurs and credit these amounts to their open bank account.

The bank that received the collection order from the issuing bank together with necessary documents must take the following steps to achieve it.

With the acceptance form of payment:

a) carry out a formal check of the received documents for their compliance with the law, banking rules and customs;

b) present the received documents to the payer for acceptance;

c) in case of acceptance by the payer of the received demand and the availability of money in the account, write off the funds and ensure their transfer to the bank of the payee for crediting it to the account.

In case of indisputable (acceptance-free) debiting of funds:

a) carry out a formal check of the received documents for their compliance with the law, banking rules and custom;

b) if there is money on the payer's account, write off the required amount and ensure its transfer to the payee's bank for crediting to his account.

In the absence of any document or inconsistency of the document on external signs with the collection order, the executing bank shall notify the issuer or client (seller) about this. In case of failure to eliminate the indicated shortcomings within a reasonable time, the bank has the right to return the documents without execution.

If settlements are carried out with the consent (acceptance) of the payer, then the executing bank is obliged to present to him the corresponding copy of the settlement document, together with the documents attached to it, if any. Documents are presented to the payer for acceptance in the form in which they were received, with the exception of the marks and inscriptions of the bank required for the collection operation.

The payer has the right to refuse to accept payment requests on the grounds provided for in the contract, with a mandatory reference to its clause and an indication of the motive for refusal. Refusal of acceptance is drawn up in the prescribed form. If a refusal to accept payment requests is not received within three days, they are considered accepted and payable.

Funds debited from the payer's account (collected amounts), the executing bank is obliged to immediately transfer to the disposal of the issuing bank. The requirement for the “immediate” implementation by the executing bank of the above actions means that it is obliged to carry them out without delay within the time limits stipulated by banking rules and banking customs for settlement transactions.

The executing bank has the right to withhold from the amounts collected by it the remuneration due to it and the reimbursement of expenses. In the presence of direct correspondent relations between the issuing bank and the executing bank, they have the right to decide the issue of making the considered payments in a different way. For example, they can be debited by the nominated bank from the correspondent account of the issuing bank opened with the nominated bank without acceptance.

Collection rules govern several types of payment transfer orders. These include, first of all, settlements by payment requests-orders and settlements by payment requests.

Payment request-order is the offer of the seller (customer) to the buyer (payer) to pay on the basis of commercial and financial documents for the goods provided (work performed, services provided). Thus, the requirement-order is a kind of documentary collection. It has a universal character, since it combines the seller's demand for payment with the payer's payment order. The document itself is sent directly to the executing bank. Delivery of the demand-order to the payer will be carried out by the beneficiary's bank through the payer's bank on contractual terms.

If the payer agrees to pay the demand-order, the payer fills in its lower part and submits it to the bank that serves him. The payer's bank accepts the request-order from the payer within 20 calendar days.

The amount that the payer agrees to pay to the recipient and indicates at the bottom of the demand-order cannot exceed the amount that the recipient requires for payment and which is indicated at the top of the demand-order. That is, at the top of the document, the recipient's requirement is indicated directly.

The payment request-order is returned without execution if the amount indicated by the payer exceeds the amount that is on the payer's account.

The reasons for non-payment by the payer of the demand-order are clarified directly between the payer and the recipient of funds.

Settlements by payment claims are applied in case of forced write-off (recovery) of funds on the basis of a court decision and other state and non-state bodies. Compulsory write-off (recovery) of funds from payers' accounts is allowed only in cases statutory Ukraine.

A payment request is a settlement document that contains a claim by a recoverer or, in case of a contractual write-off, by a recipient to a bank that serves the payer, to transfer a certain amount of funds from the payer's account to the recipient's account without agreement with the payer.

Banks fulfill payment requests for forced write-off (collection) of funds from all accounts of enterprises (including current, deposit accounts opened at the expense of this enterprise for settlements under letters of credit) and payment requests for forced write-off (collection) of funds from deposit (current and deposit) accounts of individuals.

The recoverer is responsible for the validity of the forced write-off (collection) of funds and the correctness of the data entered in the payment request for the forced write-off (collection) of funds.

3.2.4 Settlements using settlement checks

Check- This special form calculations, which is characterized by external simplicity and increased mobility.

The unconditional nature of payment on a check means that the obligation to pay the amount specified in the check is independent of the terms and validity of the agreement for which the check was issued. The invalidity of this agreement is not grounds for refusing to pay by cheque.

Participants There are three persons in the check legal relationship: the drawer, the payer (bank) and the holder of the check.

Any individual or legal entity can be a check drawer. Only the bank in which the drawer has an account and which issued him a checkbook can act as payer on a check.

Settlement checks are made to the order of a commercial bank by the NBU Banknote and Mint or other specialized enterprise on special paper in compliance with all the mandatory requirements provided for by the Instruction on non-cash payments in Ukraine in the national currency, according to the model approved by the NBU. Settlement checks are stitched into check books of 10, 20, 50 sheets.

Settlement and check books are forms of strict accounting.

The settlement check must contain all the details provided for in its form. It is filled in by hand (ballpoint pen, dark ink) or using technical means(the month of issue and the amount of the settlement check must be indicated in words).

Making corrections to the settlement receipt and using a facsimile instead of a signature is not allowed.

In modern banking practice, check circulation begins with the conclusion of a check agreement between a bank client (future drawer) and a bank (payer). The source of payment for a check may be the drawer's own funds, bank loans, or other coverage. Funds for payment of checks are deposited on a special checking account in the manner prescribed by banking rules. Instead of depositing funds, the bank can guarantee payment of the check with its own money.

To guarantee the payment of settlement checks, the drawer reserves funds on a separate analytical account "Settlements by checks" of the corresponding balance accounts in the issuing bank.

To do this, together with an application for issuance checkbook the drawer submits a payment order to the issuing bank to transfer funds to the analytical account "Settlements by checks".

A checkbook in the name of the drawer (individual) is issued by the issuing bank for an amount not exceeding the balance on the drawer's account.

The validity period of a checkbook is one year, of a check issued to an individual for a one-time settlement - three months from the date of its issue. The date of issuance of a checkbook or settlement check is not taken into account. Settlement checks issued after the specified period are considered invalid and are not accepted for payment.

The period of validity of an unused checkbook may be extended upon agreement with the issuing bank, about which it makes a corresponding note on the cover of the checkbook, which is certified by the signature of the chief accountant and the imprint of the bank's stamp.

A settlement check from a checkbook is presented for payment to the check holder's bank within 10 calendar days (the day the settlement check is issued is not taken into account).

A settlement check is accepted by the check holder for payment directly from the drawer, in whose name documents are drawn up confirming the receipt of goods (performance of work, provision of services).

Presentation of a check for payment may be carried out through the bank with which the holder of the check has entered into a bank account agreement. The bank of the check holder collects the check, that is, presents it for payment to the paying bank, and, if necessary, protests against the unpaid check.

Payment of the collected check is carried out in the order of execution of the collection order.

The holder of a check delivers settlement checks to the bank together with the same copies of the register of checks - if the accounts of the drawer and the holder of the check are opened in the same bank and in four copies - if the accounts of the drawer and the holder of the check are opened in different banks.

If the drawer and holder of the check are serviced by the same bank, then after verifying the correctness of filling in the details of settlement checks and the register of checks, the bank, on the basis of the first copy of the register of checks, debits the funds from the corresponding account of the drawer and credits them to the account of the check holder.

In the event that clients of different banks make settlements with settlement checks, the check holder's bank accepts checks with a register of checks and, together with the second and third copies of this register, collects them to the issuing bank. In this case, funds are credited to the account of the check holder by the bank that services it only after receiving them from the issuing bank.

The drawer's bank is obliged to check that the details of the register of checks are filled in in accordance with the requirements of Appendix No. 8 to the instruction and the timeliness of presenting them for payment.

Amounts of checks issued in violation of the requirements of this Instruction shall be deleted from the register of checks with the correction of its total, and such checks shall be returned to the holder of the check against signature on the first copy of this register.

The issuing bank, having received a settlement check together with two copies of the register of checks, checks:

The check belongs to this bank;

Compliance of the signatures and the stamp of the check drawer with those stated in the bank in the card with sample signatures and the stamp or the presence of the seal and the inscription "By proxy from"

Whether the amount of the check does not exceed the maximum amount of litas in the checkbook;

Belonging of the check number to the check numbers of the issued check book and observance of the validity period of the check book;

Having made a check, the issuing bank, on the basis of the first copy of the register of checks, writes off the funds of the drawer and transfers them to the account of the holder of the check. The paid check with a copy of the register of checks remains in the issuing bank. The bank's stamp "Performed" is put on the settlement check.

Conclusion

Cash turnover is the totality of all cash payments and settlements that occur in the national economy.

In the process of movement of goods and services, there are interrelated, and not opposite in directions, commodity and cash flows.

With developed market economy banks are becoming increasingly necessary intermediaries in mutual payments between enterprises. They purposefully regulate cash flows in the national economic turnover.

Settlement legal relations are divided into 2 interrelated parts:

1) cash payments;

2) settlements in non-cash form.

Cash is typically used to pay salaries, pensions, stipends, and to purchase goods and services in retail and so on.

In the field of non-cash circulation, the movement of funds is carried out in the form of transferring amounts through bank accounts. On this basis, most transactions are carried out, including settlements between enterprises.

Cash circulation is intended to serve the consumer market, while the finances of enterprises function in the form of non-cash money. Since non-cash and cash forms of payment serve different circles of national economic turnover, they must fulfill different economic tasks.

Enterprises and individuals-entrepreneurs with current accounts in banks carry out settlements on monetary obligations that arise in the process of economic relations, primarily in a non-cash form, but at the same time, they cannot do without cash payments. Sale of goods (works, services) to the population, payment of wages, implementation travel expenses All of this involves the use of cash.

All of the above boils down to just one thing - cash payments in a market economy are just as important as non-cash payments. It follows from this that cash and non-cash payments are equally important and interrelated, which means that one cannot completely exclude or replace each other. Both forms of calculation can only be improved.

List of used literature

3) Rules for the organization of settlement and cash services for clients by commercial banks and relations on this issue between the territorial department of the NBU and commercial banks in the national currency, as amended. dated 2010;

4) Instructions on non-cash payments in Ukraine in the national currency, approved by the Resolution of the NBU Board dated January 29, 2004 No. 22;

5) Regulations on conducting cash transactions in the national currency in Ukraine, approved by the Resolution of the Board of the National Bank of Ukraine dated December 15, 2004 No. 637;

6) Law of Ukraine “On state support of agriculture in Ukraine”;

7) On the approval of the Regulations for the conduct of cash transactions

in national currency in Ukraine dated 15.12.2004 N 637

8) On approval of the Rules for determining the solvency

and exchange of banknotes and coins of the National Bank of Ukraine from

11/17/2004 No. 547

10) International Rules for Collection of the International Chamber of Commerce as amended in 2010

11) Kostyuchenko O.A. Banking law. Scientific guide. Ed. "Atika" 2008;

12) Vasyurenko O.V. Banking operations. Scientific guide. - K .: Knowledge, 2006;

13) Vashchenko Yu.V. Banking law. - K .: Center for Scientific Literature, 2006;

14) Banking legislation of Ukraine. - K .: Yurinkom Inter, 2006;

16) Kachan O.O. Banking law. - K .: Ed. "School", 2004;

17) Novoselova L.A. On the concept and legal nature of non-cash payments, 2007;

18) Shershenevich G.F. Textbook of commercial law. - Moscow,

Moscow scientific publishing house, 1919 Ninth edition

19) http://obuhgalterii.info/?cat=33

Shershenevich G.F. Textbook of commercial law. - Moscow, Moscow Scientific Publishing House, 1919 Ninth edition p 8

Http://obuhgalterii.info/?cat=33 Civil Code of Ukraine as amended. dated September 15, 2010 Civil Code of Ukraine as amended. dated September 15, 2010 Vasyurenko O.V. Banking operations. Scientific guide. - K .: Knowledge, 2006 p. 223

Introduction

Chapter 1. Settlement legal relations.

1.1 The concept and principles of settlement legal relations;

1.2 Types of calculations.

Chapter 2. Legal relations arising from cash settlements.

2.1 The concept, procedure and limitations of cash payments;

2.2 Cash means of payment and their types

Chapter 3. Legal relations arising from non-cash payments

3.1 The concept of cashless payments;

3.2 Types of non-cash payments:

3.2.1 Settlements using payment orders;

3.2.2 Settlements under a letter of credit;

3.2.2.1 Revocable letter of credit;

3.2.2.2 Irrevocable letter of credit;

3.2.3 Settlements on collection orders;

3.2.4 Settlements using settlement checks.

Conclusion

List of used literature

Introduction

settlement legal relationship monetary non-cash

Without "calculations", payments, the existence of any economy, state is unthinkable. Even the Soviet (socialist) state and law could not refuse settlements between organizations, because settlements (synonym - payments) - the basis of any monetary relations.

Payments (settlements) have been used by citizens and corporations since ancient times, but the very concept of "settlements", and even more so the development of its legal nature, appeared relatively recently.

In the pre-revolutionary Russian Empire, the definition of "calculations" (calculation) as such was not distinguished in the legislation. Meanwhile, "calculation" was used by various researchers when characterizing the "current account agreement". At the same time, the current account agreement was defined as “an agreement between two persons on the mutual opening of a loan for transactions concluded with each other within a specified time”, and the concept of settlement was used as a component of the agreement: “the settlement is expressed as a result, called the balance (vol. XI, part 2, Const. Trade. Art. 680), which is a debt obligation, justified by a contract-current relationship for a certain period. It finally summarizes not only the amounts of liabilities included in the current account, but also the interest accrued separately for each amount from the moment it was included. Calculation in itself has as its goal not the termination, but only the simplification of the current account, and therefore the balance is usually entered as the first item in the new period of the current account. The merger in this article of the capital amount and interest does not prevent a new calculation of interest on the balance.

The period of the Soviet state and law is characterized by the fact that all enterprises have a state form of ownership, since 1930 the State Bank of the USSR has been the single settlement center in the USSR. Forms of non-cash payments are established by the credit reform of 1930-31 and subsequent legislation. The State Bank of the USSR issues rules and instructions on the procedure for settlements, which are obligatory for enterprises and organizations.

As modern researchers note, “the theory of settlement legal relations was generated by the existing after the credit reform of 1930-1932. administrative-command methods of managing the economy and the special legal status of the bank, which was both a governing body and an economic entity, which objectively required special legal regulation and the allocation of independent settlement legal relations.

In Soviet law, settlements were understood mainly as "payments between socialist organizations for inventory items, work performed and services rendered, produced in a non-cash manner by debiting funds from the payers' accounts by the bank on their behalf and crediting funds to the accounts of the recipients of funds (except for small amounts, settlements for which are made in cash), as well as by offsetting mutual claims."

Article. 391 of the Civil Code of the RSFSR 1964 established that payments for obligations between state organizations, collective farms and other cooperative and public organizations are made in the form of cashless payments through credit institutions in which these organizations, in accordance with the law, keep their money. This article and the chapter regulating settlements became invalid with the adoption of the Decree of the Presidium of the Supreme Soviet of the RSFSR of February 24, 1987.

With a change in the economic course and the beginning of reforms, the Rules for non-cash payments in the national economy of September 30, 1987 were introduced. No. 2. The rules regulated relations on settlements in the order of offsetting counterclaims and settlements in the order of planned payments.

In modern Ukraine, cash payments that are carried out by enterprises and organizations, regardless of the legal form and type of activity, can be made both in cash and in a non-cash manner. Together, these cash payments form the cash turnover of enterprises.

In the cash turnover of enterprises, the following areas can be distinguished:

1. calculations related to the production process (purchase of raw materials, materials, fixed assets);

2. calculations based on the results of activities (financial obligations of the enterprise to the budget, centralized funds for special purposes, credit institutions);

3. on-farm settlements (these are settlements with workers and employees in the creation and use of various monetary funds).

These directions in money circulation are different both in economic content and in the technique of their implementation, types and methods of financial control over their implementation. However, in the aggregate, their implementation contributes to the continuous movement of material assets in the process of production and sale of products.

The objectives of this course work is the very disclosure of the concept, content and essence of calculations. Comparison of settlements in cash and non-cash settlements among themselves, as two aggregated components of all settlement legal relations, as two interrelated and equally necessary institutions for the entire financial system of Ukraine.

CHAPTER 1. Settlement legal relations

1.1 The concept and principles of settlement legal relations

The activity of commercial banks in making payments and settlements in the national economy determines their decisive role in organizing money circulation. Relationships in which one party makes payments in the interests of the other through financial institutions are called settlement relationships. However, settlement relations can also arise in the absence of such an entity as a financial institution. This applies to relationships based on cash settlements. But cash settlements, as well as non-cash settlements, are strictly regulated by the norms of civil and financial law.

Settlement legal relations are such legal relations that arise between the subjects of settlement relations in the process of making payments for transferred property (work performed, services rendered) or for other reasons in cash or non-cash form.

1) all enterprises and organizations are required to keep their funds - both their own and loan funds - in accounts with bank institutions, with the exception of cash balances in their cash desks within the limit established by the bank;

2) settlements between enterprises and organizations are carried out, as a rule, in a non-cash way through banks;

3) non-cash payments are carried out according to the current forms of payment;

4) economic entities have the right to freely choose the conditions for the previous payment for goods (works, services), except for cases enshrined in legislation;

5) payments are made at the expense of the payer or at the expense of a bank loan;

6) debiting funds from clients' accounts is carried out only at their disposal, or with their consent;

7) when carrying out settlement operations, banks control the check by enterprises, organizations of settlement and contractual discipline. Banks apply appropriate sanctions to business entities that violate the settlement rules.

In the relations that arise between banking institutions and account holders during settlements, as a rule, three subjects take part if the transfer of funds is carried out at the intra-bank level: the payer, the recipient, the bank. As well as four entities, if the transfer of funds is carried out at the interbank level: the payer, the payer's bank, the recipient and the executing bank (the bank of the recipient of funds). It is worth noting that there can be two subjects of settlement relations (payer and recipient), in cases of cash settlements. For example, when calculating between a seller and a buyer.

The parties to settlement legal relations are obliged to adhere to

Law and contract terms.

The procedure for making payments is regulated by law. This means that the parties in the settlement relationship must clearly comply with the established requirements. However, in accordance with the requirements of the legislation, a necessary legal fact for the emergence of settlement legal relations is a contract for settlement and cash services. And again, it is very important to note that this agreement can be concluded between the bank and the payer of funds orally. For example, if the payer applied to the bank with a request to transfer funds to the recipient, while not having an account with this bank. Then the request (order) for the transfer of funds should be considered as an offer. The acceptance of such an order for execution should be considered as an acceptance, that is, the bank's consent to conclude an agreement with the client on the implementation of a bank transfer, which, in turn, as mentioned above, can also be concluded orally. This agreement, concluded on an oral basis, can be confirmed by the relevant settlement documents.