Cash settlements carried out according to the records on the relevant accounts in credit institutions, when certain amounts of money are debited from the payer's personal account and credited to the recipient's personal account, are referred to as civil law non-cash payments. Non-cash payments are carried out according to a specific system, which is commonly understood as a set of principles for organizing non-cash payments, the conditions for their organization, as well as the forms and methods of payments and the workflow associated with them.

The following features of non-cash payments are distinguished:

There are only two parties when making cash settlements - this is the payer and the recipient Money. When making non-cash payments, a third party appears, it is a credit institution that performs these calculations.

In the form of an entry on the accounts of the payer and the recipient;

Participants in non-cash settlements are in credit relations with the bank. These relations are revealed in the amounts of cash balances on the personal accounts of the parties. Similar relationships are available cash flow missing;

The movement of funds belonging to one of the settlement participants to the personal account of another person is carried out by means of entries in the relevant accounts. The credit relations of the given organization with the parties of such transactions change. In this case credit operation replaces cash flow.

Lawyers point to the importance of cashless payments, because:

All financial resources, when making non-cash payments, remain in credit institutions;

As the main source of lending are free cash assets of enterprises;

The circulation of funds in the economy improves;

A clear division of cash circulation into cash and non-cash payments determines the conditions that make it easier to plan the circulation of funds.

Due to the large scope of non-cash money circulation, it is possible to find out with sufficient accuracy the size of the issue and withdrawal of cash from circulation.

In civil law, non-cash payments are of the following forms:

1. settlements by orders;

2. settlements under a letter of credit;

3. settlements by check

4. Settlements for collection;

5. calculations using bank cards;

6. bill forms settlements;

Forms of settlements without the use of cash are used by participants in banks and subdivisions of the settlement network of the Bank of Russia, as well as other credit institutions.

Clients credit organizations has the right to independently choose the form of settlements without the participation of cash, or provide for this in an agreement concluded by him with his counterparty.

As participants in the forms of non-cash payments, the payer and the recipient of funds, as well as the credit organizations and correspondent banks serving them, are distinguished.

AT contractual relationship clients of credit organizations do not enter. Mutual claims arising from the payer and the recipient of funds are considered in accordance with the current legislation without the presence of banks. If the fault of the credit institution is seen in the mutual claim, then the presence of the bank in this case is mandatory. Credit institutions carry out operations on customer accounts on the basis of settlement documents.

Under the settlement document, a document is presented, executed in the proper form on paper, or in certain cases in the form of an electronic payment document, and can be issued as:

Orders of the payer to write off money from his personal account and transfer them to the account of the recipient of funds;

Orders of the recipient of funds (collector) to write off a certain sum of money from your personal account and transfer to the corresponding account specified by the recipient(claimant).

Settlements by payment orders

Settlements with the use of payment orders are understood as the requirements of the account holder, the credit institution serving him. This requirement, must be approved in accordance with the law, presented in the form of a written document and must contain a translation a certain amount funds to the personal account of the recipient of these funds opened in the same or another bank. This requirement must be met by the credit institution within the period specified in the law, or more early term. Payment orders can be used to:

a) money transfers for purchased goods, works or services;

b) money transfers to the budgets of all levels, as well as to off-budget funds;

c) money transfers for the purpose of repayment of credits, loans and interest payments to them;

d) transfers at the request of individuals or in their favor;

e) other transfers of funds for the purposes specified in the legislation or in the contract.

Payment by payment order can also be made as an advance payment for goods, work or services, if this is specified in the terms of the main agreement.

All of the above calculations relate to settlements on the requirements of citizens that were executed by banks. These settlement operations are regulated by an agreement concluded between a citizen, that is, a client of a credit institution, and a bank. The funds are transferred by the credit institution after the client

a request was made to transfer a specific amount of money to the appropriate personal account. The agreement concluded between a credit institution and a citizen prescribes the conditions for money transfers, including the paid settlement services, as well as the obligations and responsibilities of the parties.

Credit institutions independently approve the form of a settlement document intended for filling out by citizens. This form must include all the necessary details, according to which the bank subsequently fills out payment order.

Letter of credit. Contingent liability, on the transfer of funds carried out by a credit institution at the request of the payer to make a payment in favor of the recipient of funds is referred to in civil law as a letter of credit. In addition to the payment order, a citizen is obliged to submit to a credit institution Required documents, which will comply with the terms of the letter of credit, or authorizes another credit institution to make such a payment. Credit institutions can open certain types of letters of credit, among which are:

Covered and uncovered (guaranteed);

Revocable letters of credit, or irrevocable (can be officially confirmed).

In the case of opening a covered letter of credit, the issuing bank transfers at the expense of the payer's money, or at the expense of the money of the loan given to him, the amount of the letter of credit at the disposal of the executing credit institution for the full period of the letter of credit. In the case of issuing an uncovered letter of credit, the issuing bank gives the executing credit institution the right to write off funds from the payer's personal account it has within the limits of the letter of credit amount. Write-off conditions currency values from the corresponding personal account of the issuing bank under a guaranteed letter of credit must be determined by an agreement or agreement between credit institutions.

The letter of credit will be considered revocable in the event that it can be changed or even terminated on the basis of a written request of the payer. In this case, advance notification of the recipient of funds and any other obligations of the issuing bank to the recipient of funds after the withdrawal of this letter of credit is not even required. A letter of credit that can only be canceled after receiving consent from the recipient of funds is called irrevocable. The procedure for providing confirmation under an irrevocable confirmed letter of credit is determined by agreement between credit institutions.

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Introduction
1. The system of settlements and payments as a basic element of the economy
1.1 Features of the organization of cashless payments in Russia
1.2 Problematic issues of increasing the efficiency of the organization of settlements by the Central Bank of the Russian Federation
2. Analysis of the implementation of electronic settlements of the Bank of Russia
2.1 Features of the design and use of electronic documents
2.2 Directions for the development of the settlement system in Russia
3. Organization of non-cash settlements of individuals in VTB 24 bank (PJSC)
3.1 Brief description of VTB 24 bank (PJSC)
3.2 Organization and non-cash settlements of individuals in VTB 24 bank (PJSC)
Conclusion
List of sources used

Introduction

Constant increase in competition in the sector banking service individuals and the aggressive growth of subsidiaries of foreign banks specializing in retail services to the population, as well as the decrease in the commission and interest income from serving individuals, force Russian banks look for new, more promising and cost-effective ways to increase the density and quality of interaction with customers.

Creation of an effective system of cashless payments with the participation of individuals is one of the most urgent tasks, since the stability depends on the speed of transfer of funds. financial condition each participant economic process, the timeliness of receipt of taxes and other payments to the budget and off-budget funds and, accordingly, the economic and political stability of the state as a whole.

Cashless payments are of particular relevance in the context of the transition to market economy, because they can significantly increase the efficiency of banking and reduce to a minimum the cost of banking operations.

The topic of the work is relevant in modern conditions, since non-cash payments are becoming increasingly popular among the population. Plastic cards are replacing paper money and are becoming legal tender. At present, there is an urgent need for the study and implementation by all participants market relations mechanisms for the functioning of new forms of cashless payments.

The purpose of the work is to study the organization and regulation of the system of settlements and payments.

The objectives of this work are:

1. To study the system of settlements and payments as a basic element of the economy,

2. Consider the features of the organization of cashless payments in Russia,

3. Study the legal framework for cashless payments,

4. Describe the organization of the implementation of this operation, taking into account the features of VTB 24 (PJSC),

5. Determine the problems and ways to solve non-cash payments of individuals,

The object of research work is VTB 24 (PJSC).

The subject of the study is the organization and regulation of the system of settlements and payments.

theoretical and information base research served as the work of domestic and foreign authors on banking such as L.V. Bystrov, A.O. Gamolsky, D.G. Korovyakovsky, N.V. Kalistratov, D.S. Kidwelli et al., data from periodicals, materials of scientific articles, regulatory legal framework RF, reporting by VTB 24 (PJSC), as well as scientific material on the Internet.

1. The system of settlements and payments as a basic element of the economy

1.1 Features of the organization of cashless payments in Russia

The national payment system of Russia consists of various interconnected payment systems - universal, focused on processing payments that are heterogeneous in terms of sources and destination, and specialized, aimed at serving any segment national economy or any category of payers. Regulatory and supervisory authority of the national payment system is the Central Bank, which is also a system-forming core and ensures the connectivity of various, in the general case, not in contact with each other, payment systems: regional, specialized, sectoral. Links of payment systems - banks, non-bank settlement and clearing organizations, branches of credit institutions, payment agents.

The payment system of Russia consists of:

1) the payment system of the Bank of Russia, within the framework of which interbank settlements are carried out through the RCC;

2) private payment systems, which include:

* intra-bank payment systems for settlements between divisions of one credit institution;

* payment systems of credit institutions for settlements on correspondent accounts opened with other credit institutions;

* payment systems of settlement non-banking credit organizations;

* Settlement systems between clients of the same division of a credit institution.

The main instrument for making non-cash payments in the territory Russian Federation is the network of gross settlements of the Central Bank, and each credit institution (or its structural separate branch) in without fail must have an open correspondent account in one of the Settlement and Cash Centers (RCC) - a division of the Bank of Russia, organized in the locations of banks and providing payment transactions in the territory under its jurisdiction. Depending on the conditions of communication and the availability of banking institutions, inter-district RCCs can be organized.

Thus, all credit organizations and branches are clients of the Central Bank and the relationship between the parties is regulated by correspondent account agreements. In some cases, legal entities of the non-banking sector may also become clients of the Bank of Russia settlement network. This may be due to the underdevelopment of the banking infrastructure in the areas of territorial location of such organizations or their strategic importance for the national economy.

Cashless payments are one of the ways to make settlements, involving the conclusion of agreements between the debtor and the creditor bank account with the credit institutions serving them in order to repay the arisen monetary obligation.

Exploring the legal nature of non-cash payments, V.A. Belov writes: "The term "non-cash payments" is usually used in two meanings. In a broad sense, non-cash payments are the process of paying off monetary obligations without the use of cash, by the so-called transfer of "non-cash funds." The second meaning of the term "non-cash payments" is narrow legal and can be deciphered as legal relations, the content of which is the right to demand the account holder to the bank serving him to transfer a certain amount of money from the specified bank account according to specified details in certain period and for remuneration, as well as - corresponding given right bank's obligation.

special character legal regulation cashless payments allows us to derive the following definition. Non-cash settlements are legal relations between the payer or recipient of funds and the credit institution that opened a bank account for him, as well as other credit institutions involved in the execution of the order of the account holder to transfer funds reflected in the bank account in pursuance of a monetary obligation arising on the basis of a civil legal transaction, as a result of causing harm or unjust enrichment, as well as a public law obligation.

Participants of non-cash payments are a huge number of legal entities and individuals. In line with Civil Code RF settlements between legal entities, as well as settlements with the participation of individuals, in most cases, must be made in a cashless manner.

Features of cashless payments are manifested in the following:

1. The payer and the recipient transferring cash participate in cash settlements. There are three participants in non-cash cash settlements: the payer, the recipient and the bank in which such settlements are carried out in the form of an entry on the accounts of the payer and the recipient;

2. Participants of non-cash cash settlements are in credit relations with the bank. These relationships are manifested in the amounts of balances on the accounts of participants in such settlements. There are no such credit relations in cash circulation;

3. transfers (transfers) of money belonging to one participant in settlements in favor of another are made by making entries in their accounts, as a result of which the credit relations of the bank with participants in such operations change. In other words, a credit operation is performed here, performed with the help of money. Thus, the turnover of cash is replaced by a credit operation.

All payments in the system are made within the balance on the account of the system participant at the time of the operation and are irrevocable and final. Each payment is implemented individually, the time of its execution does not depend on the location of the participants in the system. Payments in the RCC system are subdivided into intra-regional, inter-regional and payments using advice notes; such a division is caused by the unequal expenditure of resources for making a payment, different procedures for processing them, and, accordingly, affects the amount of commission amounts charged.

Each payment system is relatively independent, but the payment system of the Bank of Russia is the most significant in the country's payment system. It ensures the settlement of payments in rubles using funds held in accounts with the Bank of Russia.

Each regional branch of the Bank of Russia has regional components of the payment system.

The payment system of the Bank of Russia is a gross system, i.e. all payments are settled on the accounts of participants on an individual basis. Gross settlements (gross settlements) involve a separate transaction by transferring funds accordingly for each instruction or claim. Payments are made sequentially as payment documents are received during the day.

The Central Bank of the Russian Federation regulates the system of settlements and payments in a number of areas. It:

* legal regulation (development of instructions, other normative documents);

* implementation of settlement services (settlements between commercial banks);

* participation in the settlement of payments through the provision of loans to complete the settlements;

* supervision of the participants of payment systems;

* risk management, primarily settlement;

* organization of a system of electronic payments, protection of banking information.

Within the framework of legal regulation, the Regulation of the Bank of Russia dated October 3, 2002 No. 2-P "On non-cash payments in the Russian Federation" is of particular importance. The regulation was developed in accordance with part two of the Civil Code of the Russian Federation, the Federal Laws "On the Central Bank of the Russian Federation (Bank of Russia)", "On Banks and Banking Activity" and other laws. It regulates the implementation of non-cash payments in the currency of the Russian Federation and on its territory in the forms, provided by law, determines the formats, the procedure for completing and processing the settlement documents used, and also establishes the rules for conducting settlement operations on correspondent accounts (sub-accounts) of credit institutions (branches), including those opened with the Bank of Russia, and on inter-branch settlement accounts.

Non-cash payments are made through credit institutions (branches) or the Bank of Russia on accounts opened on the basis of a bank account agreement or a correspondent account (sub-account) agreement, unless otherwise established by law and stipulated by the form of payment used.

Through credit institutions (branches), settlement operations can be carried out using:

* correspondent accounts (sub-accounts) opened with the Bank of Russia;

* correspondent accounts opened with other credit institutions;

* accounts of settlement participants opened with non-bank credit institutions performing settlement operations;

* accounts of interbranch settlements opened within one credit institution.

In order to carry out settlement transactions, each credit institution located in the Russian Federation and holding a banking license from the Bank of Russia shall open one correspondent account at its location in a subdivision of the settlement network of the Bank of Russia. The basis for opening a correspondent account (subaccount) of a credit institution (branch) with the Bank of Russia is the conclusion of a correspondent account (subaccount) agreement.

Credit institutions (branches) that have opened correspondent accounts (sub-accounts) in subdivisions of the settlement network of the Bank of Russia are assigned bank identification codes of settlement participants (BIC) for the purpose of their unambiguous identification during settlement transactions. The structure of the bank identification code and the procedure for its assignment are established by a separate regulatory document of the Bank of Russia (Regulations on the "BIC RF Directory").

The credit institution (branch) independently determines the type of payment ("by mail", "telegraph", "electronic") and, depending on the type of payment chosen, submits it to the RCC of the Bank of Russia settlement documents on paper or in electronic form (on magnetic media, via communication channels).

A payment made by a credit institution (branch) through the settlement network of the Bank of Russia is considered:

* irrevocable - after funds are debited from the correspondent account (sub-account) of the credit institution (branch);

* final - after the funds are credited to the beneficiary's account in the subdivision of the settlement network of the Bank of Russia.

In the above provision, it is regulated in sufficient detail:

* the procedure for opening and closing correspondent accounts (sub-accounts) of credit institutions (branches);

* the procedure for registration and responsibility for the correctness of the preparation of settlement documents;

* the procedure for the submission by a credit institution (branch) of settlement documents on paper and electronic payment documents;

* the procedure for withdrawing settlement documents from the card index of unpaid settlement documents in the RCC of the Bank of Russia;

* the procedure for making settlements through correspondent accounts of credit institutions (branches) opened with other credit institutions (branches);

* the procedure for carrying out settlement operations on accounts of interbranch settlements between divisions of the same credit institution.

The implementation of settlement and payment services by the Bank of Russia provides for compliance with the following main provisions:

1) acceptance of settlement documents by the Bank of Russia is carried out regardless of the balance of funds in the correspondent account (subaccount) of the credit institution (branch) at the time of their acceptance. Payments can be made within the funds available at the time of payment, and taking into account the funds received during the business day;

2) if there are sufficient funds on the correspondent account (subaccount) of the credit institution (branch) to satisfy all claims against the account, these funds are debited in the order in which the account holder's instructions and other settlement documents are received during the business day, unless otherwise provided legislation and account agreement. The sufficiency of funds on the account means the presence of a balance of funds on the correspondent account (subaccount) of a credit institution (branch) not lower than the sum of all claims against it or the fulfillment of the conditions stipulated by the agreement accounts that allow settlement transactions for all claims made against the account, the amount of which exceeds the amount of the balance of funds on the account;

3) transactions for writing off and crediting funds, carried out according to correspondent account(sub-account) of a credit institution (branch) are reflected in the balance sheet of the credit institution (branch) on the date they are posted in a subdivision of the settlement network of the Bank of Russia;

4) in case of insufficiency of funds on the correspondent account (subaccount) of the credit institution (branch), the funds debited from the payer's account are reflected according to balance sheet accounting for funds debited from customer accounts, but due to insufficient funds not posted on the correspondent account (subaccount) of the credit institution (branch). Settlement documents are placed in the corresponding file of unpaid settlement documents;

5) The Bank of Russia charges for settlement services in the form of established fixed tariffs. Tariffs are differentiated depending on the methods of making payments, methods of transferring settlement documents by Bank of Russia customers to the payment system of the Bank of Russia, and also depending on the time of transfer of documents within the established business day.

In accordance with the legislation of the Russian Federation, the Bank of Russia conducts part of its operations free of charge. Basically, these are operations with funds from budgets of various levels and state off-budget funds, including tax transfers, operations of federal treasury bodies.

Credit institutions (branches) and other clients of the Bank of Russia are also charged a fee in the event that funds are debited without an order from the account holder, as well as in case of partial payment of settlement documents in case of insufficient funds in the account.

As part of the provision of settlement services (settlements between commercial banks), the regulation of settlements and payments by the Bank of Russia is also carried out using loans from the Bank of Russia in cases established by regulatory documents of the Bank of Russia and agreements concluded between the Bank of Russia and credit institutions. These loans allow credit institutions to timely and promptly full size fulfill their payment obligations.

On June 1, 2007, the Bank of Russia put into operation a real-time gross settlement system (RTGS). Territorial institutions are connected to collective processing centers, which issue results by region to the head cash settlement centers. All information is stored in one place, in the data warehouse of the Bank of Russia. Virtually it single center, but it is physically separated so that the system is resistant to external influences. Computing centers included in the system are interconnected and one always supports the work of the other.

Organization by the Bank of Russia of effective regulation of the system of non-cash settlements and payments today is impossible without risk management, including settlement risks. The latter are associated with the traditional banking business maintenance cash flows in the form of non-cash settlements on bank accounts both on behalf of the client and on behalf of the bank itself when it fulfills its obligations in the financial markets.

The main settlement risks include:

* risks of non-payment or violation of payment terms;

* risks of non-compliance of the chosen form of payment, methods of payment and document flow with the nature of the transaction and economic content settlement operation;

* operational or technological risks associated with the quality of work of all departments involved in settlement transactions;

* risks of non-compliance and violation of legislative and regulatory requirements for the organization of settlements;

* risks of interbank settlement technologies.

Most of these risks are actively managed by the management of the bank itself within the framework of various banking goals and strategies. These risks are managed by the Central Bank of the Russian Federation within the framework of general supervisory activities and, if a poor quality of management is revealed, it applies appropriate preventive and enforcement measures to the bank.

The Bank of Russia pays special attention to the risks of non-compliance and violation of legislative and regulatory requirements for the organization of settlements and the risks of interbank settlement technologies.

Supervision of the Bank of Russia over the participants of the country's payment system involves activities in the following areas:

* supervision of credit institutions;

* supervision of the functioning of private payment systems.

The regulation by the Bank of Russia of the system of non-cash settlements and payments made by credit institutions is carried out as part of general supervisory activities.

The supervision of the Bank of Russia over the functioning of private payment systems, the elements of which are credit institutions (banking and non-banking), is carried out through both general supervision over the functioning of the banking sector, and monitoring the state of settlements and payments in the country, passing through private payment systems.

A payment system is a set of organizations, methods, procedures, laws and regulations, agreements between participating organizations aimed at making timely, complete and efficient cash payments between various individuals and legal entities, the need for which arises in the course of their economic activity.

For the normal and efficient operation of the payment system, there must be rules and regulations that define the rights, obligations and responsibilities of participants in settlement relationships. In order to ensure the functioning of the system both during its normal operation and in the mode of occurrence of non-standard or difficult situations, technical failures of banking systems, emerging legal conflicts, a clear and consistent legal framework is necessary that establishes the rules for the actions of all parties involved in economic relations of this kind.

The Bank of Russia, acting as a body of banking regulation and banking supervision, guided in its work by the Civil Code of the Russian Federation (in part of Articles 45 "Bank Account" and 46 "Settlements"), federal laws "On Banks and Banking Activities", "On the Central Bank of the Russian Federation (Bank of Russia)", "On currency regulation and currency control" develops regulations that define the rules for making settlements and establishing the procedure for banking operations in Russia. Also, the Central Bank regulates the procedure for settlements of resident organizations and with foreign banking organizations, government agencies, individuals and legal entities.

In the context of the development of the national payment system, it is important to mention the following law:

- "On the activities of accepting payments from individuals carried out by payment agents", which destroys the monopoly of credit institutions on making payments from individuals (such as, for example, payment for mobile communications, utilities, payments on loans), which establishes requirements for the subjects of this market segment - "paying agents", prescribing their measure of responsibility and accountability, but at the same time, contradicting international recommendations on combating money laundering.

Main regulations of the Central Bank applicable to payment and settlement systems are:

Regulation "On non-cash settlements in the Russian Federation", which regulates the procedure and forms of non-cash settlements between banking and settlement organizations, the obligations of the parties in the performance of operations, and determines the system of payments through correspondent accounts opened with the divisions of the Central Bank. This provision is the most general regulatory document regulating the activities of the subjects of the payment system

Regulation "On the procedure for making cashless payments individuals in the Russian Federation", which establishes the procedure for making non-cash payments in national currency individuals, both with and without opening a bank account. Structurally, in terms of the forms and procedure for carrying out operations, it is largely similar to the previous document, with appropriate amendments legal status and the specifics of one of the final links in the payment chain - individuals.

- regulation "On the real-time gross settlement system of the Bank of Russia", which regulates the operation of the electronic system bank payments urgent payments - a real-time payment mechanism on the territory of the Russian Federation, functioning in the structure of the Central Bank.

- the regulation "On the procedure for making settlements between residents and non-residents under contracts for the performance of work, the provision of services or the transfer of results of intellectual activity", which speaks of the rules and procedure for settlements in foreign currency.

Of the more particular regulatory documents, the scope of which is limited to specific computational technologies, banking products aimed at meeting the needs of customers in making payment transactions, we can name the following:

Regulation "On the issue of bank cards and on transactions using payment cards", regulating banking operations with card products, establishing requirements for financial institutions and their clients. The relevance and significance of this document is very high, due to the huge positive effect caused by the widespread introduction of payments using plastic cards, which reduce the costs of both enterprises and credit institutions for working with cash, increase the security of settlements and simplify financial control over their implementation.

In addition to the provisions, the Bank of Russia issues instructions, directions and explanations regulating the applied issues of settlements, concretizing and clarifying other regulations.

Due to the ongoing development of technologies and means of automating payment transactions, the emergence of new technological schemes making calculations, the legislative framework remains largely insufficient, and in some places even contradictory, which can lead to untimely execution of payments, and even to the loss financial resources banks or customers, and can seriously impede the functioning of both individual economic entities and certain sectors of the economy. In order to eliminate gaps in legislation and regulations that hinder the activities of credit institutions and increase their risks, the Central Bank is constantly working to monitor newly emerging problems, issue regulations that contribute to their solution, take measures to develop the necessary legislative proposals and bring them to the state authorities. authorities.

1.2 Problematic issues of increasing the efficiency of the organization of settlements by the Central Bank of the Russian Federation

The Central Bank has a special place in the structure of the Russian payment system. In addition to managing its own settlement system, the Central Bank performs regulatory and supervisory functions, sets standards, and ensures money circulation. Also important is the function of developing standards for the provision, collection and generalization of statistical information characterizing the Russian payment system. Possession of this information makes it possible to increase the transparency of the system, thereby simplifying control functions and providing information that contributes to the effective regulation of the payment system and its individual segments.

Possessing specific knowledge of the mechanisms of functioning of the national payment system, the Central Bank can play an advisory role in choosing ways to develop the settlement system and developing standards for its activities. Managing an extensive settlement network, one way or another in contact with all subjects of the national payment system, the Bank of Russia, using its influence, can serve as a catalyst for its change and modernization.

Preservation of a special position by the Central Bank is a necessary condition for further stable sustainable development of the payment system. The concentration of the functions of supervision, regulation, the largest user of the system (which is determined by the need to perform the functions of a regulator), coupled with the operation of the backbone settlement network, makes the Bank of Russia one of the main stakeholders in the further development and improvement of the national payment system. At the same time, movement towards modernization is impossible without involving other participants in a dialogue on the development of specific recommendations and improvement plans.

The Central Bank should take into account the complex nature of the national payment system, take into account external, in relation to it, factors of influence, such as public policy, financial position, a specific economic environment, should take into account the urgent needs of both the participants in the system and the end users of its services - legal entities and individuals. And, in accordance with this, set clear priorities for the development of the payment system, develop a strategy for introducing innovations and improvements, and focus on the effective final implementation of the adopted strategy.

The Central Bank is also faced with the task of ensuring the constancy of the legal norms governing the functioning of the payment system, maintaining structures that provide legal support, imputing market participants to strictly follow the accepted standards.

Notable is the task of deep integration and coordination of various elements of the payment system, providing participants with convenient and prompt access to settlement mechanisms. For example, combining together a system that implements payment transactions in the market valuable papers with the main network of interbank settlements allows a credit institution to gain access to credit resources provided under the guarantee of securities issued by the bank without unnecessary obstacles and spending too much time.

In modern payment systems central bank any country plays a key role, performing the following functions.

1. Organizes and manages funds transfer systems specifically designed to provide real-time gross (gross) settlements for certain interbank obligations.

2. Provides services for clearing systems multilateral offsets of mutual claims, paying on the accounts opened in them net obligations and claims identified at the end of a certain settlement cycle, i.e. settlements are carried out by transferring funds to accounts opened with the central bank.

In both cases, interbank liabilities are settled permanently (unconditionally and irreversibly) by using the balances of funds in accounts opened with the central bank, which acts as a common correspondent bank for all depository institutions.

Central bank money is free from credit risk(it cannot be insolvent) and from the risk of illiquidity (it is entrusted with the authority to create "strong" money). Thus, central bank money is ideally suited to serve as a risk-free, though not free, medium of exchange.

3. Performs licensing, control and supervision of payment systems. This is achieved by establishing technological, economic criteria for the access of commercial banks to certain payment systems. To economic criteria include such standards as capital adequacy, liquidity and others that are minimum requirements to risk management in payment systems. In this case, it should be noted the peculiarity of the payment system of the Bank of Russia, in which participation for credit institutions has no restrictions.

4. Takes an active part in the settlement of payments, providing a loan to complete the settlements. Without removing the responsibility to commercial banks for independent determination of the amount of their own means of payment to ensure the continuity of payments.

In the modern financial system, central bank daily credit, i.e. credit provided for a period of less than 24 hours becomes an extremely important source of daily working capital for banks.

The regulation of the payment system is closely linked to the supervision of commercial banks. This can be evidenced by a situation where a credit institution is not able to meet its payment obligations, and its role in the payment system is noticeable (either by the scale of transactions or by its participation in large transactions). For the banking system, this can turn into a problem. Moreover, its decision is already in the competence of the supervisory bodies of the central bank.

At the same time, there are certain difficulties that are directly related to the control over the activities of commercial banks, which, ultimately, can lead to disruptions in the functioning of the payment system. Thus, temporary financial difficulties at one of the credit institutions, which are primarily identified by the supervisory authorities, may have a negative impact on the nature of settlements. Failure by this credit institution may cause its counterparties to temporarily refuse any transfer of funds in its favor in order to reduce their risk. This situation means partial or complete paralysis of the payment system, which depends on the number of counterparties of the bank and the volume of operations carried out by it, i.e. there is a systemic risk.

The special role of central banks and other special bodies exercising control over banking, is also determined by the fact that only they have a sufficient set of tools and mechanisms to limit the financial difficulties of individual credit institutions.

5. For each central bank, the most important thing is to oversee and control the activities of private clearing houses.

6. Inspects commercial banks - specific participants in payments, which is one of the most important areas of guaranteeing the reliability and security of settlements. Each of these banks may be required to constantly monitor the volume of intraday loans for other banks and conduct regular liquidity assessments.

7. The role of the central bank as the organizer of the system of transfers of large amounts of payments is to protect it from systemic risk, i.e. in maintaining stability financial system generally. Transfers of large amounts of payments are very important for the efficient functioning of financial markets and for the country's economy as a whole. Potential losses in such transfers, the scale of which is not always even amenable to accurate assessment, can seriously complicate the situation on the market. Therefore, the provision of services of this kind by central banks, including possible lending, is the main link in the mechanism for protecting the market from systemic shocks.

Thus, any central bank, regulating the organization of the payment system in general and interbank settlements in particular, protects the financial and banking system from possible shocks.

The organization and regulation of the payment system has become one of the important activities not only of the central banks of countries with developed economies, but also of Russia.

When making payments, only the central bank, due to its special status, has sufficient liquidity and absolute solvency, is able to reduce the risk of non-payments in settlements with its participation to almost zero.

At present, the Central Banks are at the center of financial and economic change that require them to make new efforts to adapt to changing conditions. This necessitates fundamental changes in their functions, organization and technology, as well as a radically new approach to interbank cooperation and international cooperation.

In the economy, the role of non-cash payments for an organization is that they act as a condition for the completion of transactions or the fulfillment of previously accepted obligations, contribute to ensuring the circulation of goods (services) and money that unites the entire economy.

For commercial banks, settlements are one of the main areas of activity, largely serving their prosperity. From the quality of the settlement cash service depends on the sustainability and influx of clientele and the mobilization of large and often free resources for active operations. Settlement transactions occupy about 2/3 of the entire operating time of banks.

The amount of the client's claims to the bank is reflected in his settlement (current) account. Correspondent accounts of banks already reflect the amount of claims against correspondent banks. The complexity and importance of settlement relationships predetermines the need to establish uniformity through regulation. This requires the development of a unified concept of standardization and certification of banking activities.

Today, the system of cashless settlements of the Russian Federation faces the following problems: the speed of making payments, the problem of delayed settlements, the problem of using letters of credit in domestic settlements, the problem of bill circulation, the creation of a special bank mail, protection interbank transfers from unauthorized access, etc.

Let's consider the main ones.

A significant problem is the delay in settlements by banks, cash registers, and enterprises. These delays are associated with a large flow of paper carriers with financial and monetary information. Having submitted to the bank a payment order for the transfer of funds in three copies, the company receives from the bank a third copy with a receipt for receiving the order and the bank's stamp. Then the enterprise, by extracting from its personal account, can verify that the transferred amount has been debited from the account. But if the bank conducts settlements through the RCC, such accounting entries are only prerequisites for interbank payments that are made by the RCC and begin at the moment when funds are debited from the correspondent account of the bank. There are also occasional hitches in the workflow. It is known that some banks delay payment orders at the stage of their transfer to the RCC and for some time use the funds intended for transfer as a credit resource. And vice versa, according to the funds received through the RCC to the account of the enterprise, the bank may delay accounting entry by their crediting to the settlement account of the enterprise.

The problem of bill circulation in our country is mainly connected with unresolved legal matters. The legal and regulatory framework is constantly expanding. In addition, the problem also lies in the inefficiency of the mechanism for collecting funds on promissory notes (it does not correspond to the tasks that it should perform: efficiency and ease of circulation of monetary funds).

The problem of using a letter of credit also lies in the imperfection of domestic legislation and the regulatory framework: on the one hand, the Civil Code, on the one hand, regulates settlements by letters of credit, which allows them to be used in principle, on the other hand, the rules contained in the Civil Code are fragmentary and do not cover a number of important issues, which gives rise to operational and legal risks. As can be seen from the volume of the Russian regulatory framework devoted to letters of credit, it is not yet able to clearly establish the legal relationship of the parties in a letter of credit transaction. This leads to an ambiguous interpretation of the responsibility of the parties, and not only by arbitration courts, but also by the Supreme arbitration court. So, at present, the current legislation does not regulate the issue of who should be held responsible in the event of non-return of funds constituting the coverage under the letter of credit by the executing bank to the issuing bank after the letter of credit is withdrawn by the applicant. It's no secret that the Bank of Russia often revokes licenses from "shattered" banks with a huge delay. And fraudsters associated with the management of such banks can transfer significant funds during this period.

In the final decade of the twentieth century another major problem was put forward, which is related to the impact on the country's monetary policy of a massive "offensive" of relatively new payment instruments, namely bank cards, and the latest means of payment - electronic money. In particular, the increase in the annual issue of cards is 20-25%, which leads to an increase money supply and poses a threat of inflation. Even greater consequences in this respect can be caused by the use of electronic money with its inherent high speed of circulation. Due to the growth of e-commerce, their number is increasing at an unprecedented rate. Therefore, in all countries, including Russia, attention to this issue has increased from a variety of perspectives: legislative regulation, studying the impact on the volume and structure of the money supply, ensuring the protection of information and others.

2. Analysis of the implementation of electronic settlements of the Bank of Russia

2.1 Features of the design and use of electronic documents

Currently, information recorded on electronic media is becoming increasingly important. However, the legal status of electronic documents is not yet fully defined and requires closer consideration.

An electronic document can be defined as a separate volume of information presented in electronic digital form, fixed on an electronic medium and capable of being presented in a form suitable for human perception.

Thus, the status of electronic documents cannot be extended to information created by computer technology in the course of their work, which does not have analogue displays and, accordingly, cannot be perceived by a person.

Electronic documents are characterized by some features that create problems for their use. So, firstly, an electronic document cannot be directly perceived by a person, therefore, changes (accidental or intentional) are possible when converting it into an accessible form. Here it should be clarified that a printed copy of an electronic document, or, for example, displayed on a monitor screen, is no longer an electronic document in the proper sense, but its analogue display. As noted above, the status of an electronic document does not apply to volumes of information that cannot be presented in a human-accessible form.

The only solution in this situation is to increase the reliability of this transformation and establish a strict control procedure for this.

A feature of an electronic document is the ability to copy it. This property gives rise to two kinds of problems. The first ones are related to the definition of the legal regime of the original, duplicate and copy of an electronic document. It is impossible in principle to make an absolutely exact copy of a conventional (analogue) document, because even with the most advanced modern means copying, there will be certain differences between the primary and secondary document (in quality of paper, ink, etc.). When copying an electronic document, talking about differences is meaningless. In this case, it is impossible to distinguish a copy from the original.

This issue is regulated by law in the following way. In accordance with GOST 6.10.4-84 "USD. Giving legal force to documents on a magnetic medium and a machinogram created by computer technology. Basic provisions", approved State Committee according to the standards of the USSR 09.10.84, the concept of an original, a duplicate, a copy of a document on a machine medium was introduced. The original of a document on a machine medium is defined as "the first record of a document on a machine medium containing an indication that this document is an original" (clause 3.2). Duplicates (copies) of documents on machine media are defined, respectively, as later in time, authentic in terms of the content of the record of the document on machine media, indicating that these documents are duplicates (copies).

Many authors point out that the formulation of the concept of the original of documents on machine media is not entirely successful, since so far there is no technical means and ways to determine exactly which of the bit-by-bit copies of a file was written to the machine carrier earlier. Because of this, many people suggest that fully authentic copies of a document be considered originals, i.e. recognize that an electronic document can have as many originals as desired. One cannot agree with such an approach, because, firstly, it contradicts common sense(the original is unique by definition), and secondly, it creates difficulties in law enforcement. In particular, the following example is given: "a payment order recorded on several diskettes or transmitted several times gives the right to the same number of payments. As long as one of the copies of the ELD is the basis for receiving money, then the refusal to issue money on the second is illegal: the copies are identical and have (by law) the same legal force."

The second group of problems associated with the ease of copying an electronic document is the corresponding ease of mass copyright infringement on electronic documents and the increased complexity of combating this phenomenon. Moreover, on modern level development information technologies If certain copyrighted information was posted on the Internet and then illegally copied, it is often impossible to determine who posted it first and, accordingly, who owns the copyright.

The third feature of an electronic document is that it can be easily changed without the knowledge of the creator.

This problem is currently one of the most difficult. When placing files on the Internet, in the event of such disputes, so-called server log files are usually used, where data reading and writing operations are noted. However, they only capture the name of a file, such as one hosted on a website, and do not capture its content. Accordingly, the defendant can claim that there used to be a file with one content under this name, but now it is completely different.

In the Russian Federation, in accordance with paragraph 3 of Art. 5 of the Law on Information, the legal force of a document stored, processed and transmitted using automated information and telecommunication systems may be confirmed by an electronic digital signature. The legal force of an electronic digital signature is recognized if there are software and hardware tools in the automated information system that ensure the identification of the signature, and if the established mode of their use is observed.

The Civil Code of the Russian Federation also allows the use of an electronic digital signature. So, in accordance with Art. 160 the use of a facsimile reproduction of a signature by means of mechanical or other copying, electronic digital signature or other analogue of a handwritten signature when making transactions is allowed in cases and in the manner, statutory, others legal acts or by agreement of the parties.

In addition, in accordance with Art. 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from the party under the agreement.

In accordance with the Federal Law of January 10, 2002 No. 1-FZ "On Electronic Digital Signature", an electronic digital signature is an element of an electronic document designed to protect this electronic document from forgery, obtained as a result of cryptographic transformation of information using a private key electronic digital signature and allowing to identify the owner of the signature key certificate, as well as to establish the absence of distortion of information in the electronic document.

Private key of an electronic digital signature - a unique sequence of characters known to the owner of the signature key certificate and intended for creating an electronic digital signature in electronic documents using electronic digital signature tools.

Public key of the electronic digital signature - a unique sequence of characters corresponding to the private key of the electronic digital signature, available to any user of the information system and intended for confirmation using the means of electronic digital signature of the authenticity of the electronic digital signature in an electronic document.

An electronic digital signature in an electronic document is equivalent to a handwritten signature in a document on paper, while the following conditions are met: the signature key certificate related to this electronic digital signature has not expired (valid) at the time of verification or signing of the electronic document if there is evidence that determines the moment signing; the authenticity of the electronic digital signature in the electronic document is confirmed; The electronic digital signature is used in accordance with the information specified in the signature key certificate. An information system participant can simultaneously be the owner of any number of signature key certificates. At the same time, an electronic document with an electronic digital signature has legal significance in the implementation of the relations specified in the signature key certificate. When creating keys for electronic digital signatures for use in a public information system, only certified means of electronic digital signature shall be used.

The signing key certificate must contain the following information: unique registration number signature key certificate, start and expiration dates of the signature key certificate, located in the registry of the certification center; last name, first name and patronymic of the owner of the signature key certificate or pseudonym of the owner. If an alias is used by the certification authority, an entry about this is made in the signature key certificate; public key of electronic digital signature; the name of the electronic digital signature means with which this public key of the electronic digital signature is used; the name and location of the certification center that issued the signature key certificate; information about the relations in the implementation of which an electronic document with an electronic digital signature will have legal significance. If necessary, the information contained in the signature key certificate on the basis of supporting documents indicates the position (indicating the name and location of the organization in which this position is established) and the qualifications of the owner of such a certificate, and upon his application in writing - other information, supported by relevant documents.

The signature key certificate must be entered by the certification authority into the register of signature key certificates no later than the effective date of the signature key certificate.

Certification authority that issues signature key certificates for use in information systems ah public use, may be a legal entity. At the same time, the certification center must have the necessary material and financial capabilities to allow it to carry civil liability to users of signature key certificates for losses that they may incur due to the inaccuracy of the information contained in the signature key certificates. requirements for material and financial opportunities certification centers are determined by the Government of the Russian Federation on the proposal of the authorized federal executive body. The certification center produces signature key certificates; creates keys of electronic digital signatures at the request of participants in the information system with a guarantee of keeping secret the private key of the electronic digital signature; suspends and renews signature key certificates and revokes them; maintains a register of signature key certificates, ensures its relevance and the possibility of free access to it by participants in information systems; checks the uniqueness of the public keys of electronic digital signatures in the register of signature key certificates and the archive of the certification center; issues signature key certificates in the form of paper documents and (or) in the form of electronic documents with information about their validity; performs, at the request of users of signature key certificates, confirmation of the authenticity of the electronic digital signature in an electronic document in relation to the signature key certificates issued by them; may provide information system participants with other services related to the use of electronic digital signatures. Prior to the use of an electronic digital signature to certify the relevant certificates, a certification center must submit to the authorized federal executive body a signature key certificate of an authorized person of the certification center in the form of: an electronic document; a document on paper with a handwritten signature of the specified authorized person, certified by the signature of the head and the seal of the certification center.

...

Settlements by payment orders

A payment order is an order of 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 in this or another bank. The payment order is executed by the bank within the time period stipulated by the legislation, or within the time period established by bank account agreements or determined by the business practices used in banking practice.

Money transfers can be made on the basis of payment orders:

For goods supplied, work performed, services rendered;

To the budgets of all levels and extra-budgetary funds;

In order to return/place credits (loans) deposits and pay interest on them;

For other purposes provided for by law or contract.

In accordance with the terms of the agreement between counterparties, payment orders can be used for advance payment for goods, works, services or for making periodic payments. Payment orders are accepted by the bank regardless of the availability of funds in the payer's account. In the absence or insufficiency of funds on the payer's account, and also if the bank account agreement does not determine the conditions for payment of settlement documents in excess of the funds available on the account, payment orders are placed in a file cabinet.

The bank checks the correctness of filling and execution of the payment order and makes a note on the date of its receipt: Then the last copy of the order is returned to the client as confirmation of acceptance of the payment order for execution.

In the absence or insufficiency of funds on the payer's account, and also if the bank account agreement does not determine the conditions for payment of settlement documents in excess of the funds available on the account, payment orders are placed in a file cabinet on an off-balance account 90902 "Settlement documents not paid on time". At the same time, on the front side in the upper right corner of all copies of the payment order, a mark is made in any form about being placed in a card index with the date indicated. Payment orders are made as funds are received in the order established by law.

The rules for making settlements allow partial payment of payment orders from the card file on off-balance sheet account 90902 “Settlement documents not paid on time”. In case of partial payment of a payment order, the bank uses a payment order of the established form. When issuing a payment order for partial payment, all its copies in the field “Bank marks” shall contain the stamp of the bank, the date, as well as the signature of the responsible executor of the bank. The first copy of the payment order for partial payment is certified by the signature of the bank employee who controls the settlements.

On the front side of the partially paid payment order, in the upper right corner, a mark is made: "Partial payment". The partial payment entry is made by the bank's responsible executor. When making a partial payment on a payment order, the first copy of the payment order by which the payment was made is placed in the bank's day documents, the last copy of the payment order serves as an attachment to the payer's statement.

At the last partial payment under a payment order, the first copy of the payment order by which this payment was made, together with the first copy of the payable payment Order, is placed in the documents of the day. The remaining copies of the payment order are issued to the client simultaneously with the last copy of the payment order attached to the extract from the personal account.

When paying for a payment order, on all copies of the settlement document, the date of debiting funds from the payer's account is indicated (in case of partial payment, the date of the last payment).

The bank is obliged to inform the payer at his request about the execution of the payment order no later than the next working day after the payer's application to the bank, unless another period is provided by the bank account agreement. The procedure for informing the payer is determined by the bank account agreement.

Advantages of settlements by payment orders:

Simplified organization of workflow;

Provides faster cash flow;

The payer has the opportunity to carry out preliminary control of paid goods and services;

The ability to apply when making settlements for non-commodity payments.

Settlements by payment claims

A payment request is a settlement document containing a requirement of the creditor (recipient of funds) under the main agreement to the debtor (payer) to pay a certain amount of money through a bank.

Payment requirements are used in settlements for goods supplied, work performed, services rendered. Settlements by means of payment requests can be carried out with or without the prior acceptance of the payer.

Acceptance - consent to payment.

Without the payer's acceptance, settlements by payment claims are carried out in the following cases:

1) established by the legislation;

2) stipulated by the parties under the main agreement, provided that the bank servicing the payer is granted the right to debit funds from the payer's account without his order.

In addition to the details established for filling out settlement documents, the payment request shall indicate:

Payment terms;

Deadline for acceptance;

The date of sending (delivery) to the payer of the documents stipulated by the agreement, if these documents were sent (handed over) to the payer;

Name of the goods (work performed, services rendered), number and date of the contract, numbers of documents confirming the delivery of goods (performance of work, provision of services), date of delivery of goods (performance of work, provision of services), method of delivery of goods and other details.

In the payment request paid with the payer's acceptance, the recipient of funds puts down "With acceptance" in the field "Terms of payment".

The term for acceptance of payment requests is determined by the parties under the main agreement, but must be at least five working days.

When registering a payment request, the creditor (recipient of funds) under the main agreement in the field "Term for acceptance" indicates the number of days established by the agreement for the acceptance of the payment request. In the absence of such an indication, the period for acceptance shall be five working days.

On all copies of the payment requests accepted by the executing bank, the responsible executor of the bank in the field "Deadline for acceptance" puts down the date upon which the payment request expires. Working days are taken into account when determining the date. The day of receipt of the payment request by the bank is not included in the calculation of the specified date.

Payment requests are placed by the executing bank in the file of settlement documents awaiting acceptance for payment, until the payer's acceptance is received, the acceptance is refused (full or partial), or the acceptance period expires.

The payer, within the period established for acceptance, submits to the bank the relevant document on the acceptance of the payment request or the refusal, in whole or in part, of its acceptance on the grounds provided for in the main agreement, including in the event of a discrepancy between the applied form of payment and the concluded agreement, with a mandatory reference to clause, number, date of the contract and an indication of the reasons for refusal.

Acceptance of a payment request or refusal of acceptance (full or partial) is formalized by an application for acceptance, refusal of acceptance in the manner prescribed by the Regulations on non-cash payments. The accepted payment request no later than the working day following the day of receipt of the application is written off by a memorial order from the off-balance sheet account of the amounts of settlement documents awaiting acceptance for payment, and is paid from the payer's account.

In case of a complete refusal of acceptance, the payment request is debited by a memorial order from the off-balance sheet account of the amounts of settlement documents; awaiting acceptance for payment, and no later than the business day following the day of receipt of the application, is received by the issuing bank together with a copy of the application for return to the recipient of funds.

A copy of the application, together with a copy of the payment request and a memorial order, are placed in the documents of the day as a basis for debiting the amount of the payment request from the off-balance account accounting for the amounts of settlement documents awaiting acceptance for payment, and returning the settlement document without payment.

In case of partial refusal of acceptance, the payment request, no later than the working day following the day of receipt of the application, is debited in full by a memorial order from the off-balance account accounting for the amounts of settlement documents awaiting acceptance for payment, and is paid in the amount accepted by the payer.

One copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client's account, the other copy of the application is sent to the issuing bank for transfer to the recipient of funds no later than the business day following the day the application was received.

In case of non-receipt of an application for acceptance within the established period, refusal of acceptance, the payment request on the next business day after the expiration of the acceptance period is debited by a memorial order from the off-balance account zeta of the amounts of settlement documents awaiting acceptance for payment, and returned to the issuing bank indicating on the reverse side of the first a copy of the payment request for the reason for the return: “Acceptance was not received”.

All disagreements arising between the payer and the recipient of funds are resolved in the manner prescribed by law.

Without acceptance debiting of funds from the account in the cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on the debiting of funds without acceptance or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds) who has the right to submit payment requests for debiting funds without acceptance, the name of the goods, works or services for which payments will be made, as well as the main contract (date number and the corresponding clause providing for the right without acceptance debit).

The absence in the bank account agreement of a condition on the withdrawal of funds without acceptance or an additional agreement to the bank account agreement is the basis for the bank to refuse to pay the payment request without acceptance. This payment request is paid in the order of preliminary acceptance with a period for acceptance of five working days.

Letter of credit form of payment

A letter of credit is a conditional monetary obligation issued on behalf of a client in favor of its counterparty under an agreement according to which the bank that opened the letter of credit (issuing bank) can = make a payment or authorize another bank to make such payments, subject to the provision of documents specified in the letter of credit.

Banks can open the following types of letters of credit:

Covered (deposited) and uncovered (guaranteed);

Revocable and irrevocable (can be confirmed).

When opening a covered (deposited) letter of credit, the issuing bank transfers at the expense of the payer's funds or the credit provided to him the amount of the letter of credit (coverage) at the disposal of the bank executing the payment for the entire period of the letter of credit. When establishing correspondent relations between banks, an uncovered (guaranteed) letter of credit may be opened in the executing bank.

When opening an uncovered (guaranteed) letter of credit, the issuing bank grants the executing bank the right to write off funds from the correspondent account of the bank maintained by it within the amount of the letter of credit or indicates in the letter of credit another method of reimbursement to the executing bank of the amounts paid under the letter of credit in accordance with its terms.

Each letter of credit must contain information on whether it is revocable or irrevocable. If there is no such indication, then the letter of credit is considered revocable. A revocable letter of credit can be changed or canceled by the issuing bank without prior agreement with the supplier. The payer can give all orders to change the terms of a revocable letter of credit to the supplier only through the bank element, which accordingly notifies the executing bank (supplier's bank), and he, in turn, the supplier. At the same time, the executing bank is obliged to pay for the documents that comply with the terms of the letter of credit, issued by the supplier and accepted by the bank supplier until notification of change or cancellation of the letter of credit is received.

The terms of an irrevocable letter of credit cannot be changed or canceled without the consent of the supplier in whose favor it was opened. The terms of an irrevocable letter of credit are considered changed or an irrevocable letter of credit is considered canceled from the moment the executing bank receives the consent of the recipient of funds. Partial acceptance of changes in the terms of an irrevocable letter of credit by the recipient of funds is not allowed.

The transfer of documents on the opening of a letter of credit and its terms, on confirmation of a letter of credit, on changing the terms of a letter of credit or its closing, as well as on the bank's consent to accept (refuse to accept) the submitted documents, can be carried out by banks using any means of communication that allow to reliably identify the sender of the document.

The amount and procedure for payment for bank services in settlements under letters of credit are governed by the terms of contracts concluded with customers and agreements between banks participating in settlements under letters of credit.

When opening a letter of credit, an application is submitted in the number of copies necessary for the payer's bank to fulfill the conditions of the letter of credit. In the event that the bank that issued the letter of credit, on behalf of the payer, transfers funds to another bank - the supplier's bank, a separate balance account "Letters of credit payable" is opened for settlements in the supplier's bank. In the payer's bank, letters of credit received from customers are accounted for on the off-balance sheet account "Issued letters of credit". In this case, the bank serving the supplier will execute the letter of credit directly. To receive funds under a letter of credit, the supplier, having shipped the goods, submits to the bank servicing him the register of accounts and other shipping documents stipulated by the terms of the letter of credit. Payment in cash from a letter of credit is not allowed.

The closing of a letter of credit in the supplier's bank is carried out for the following reasons:

Expiration of the term of the letter of credit, of which the executing bank notifies the issuing bank;

Supplier's disclaimer further use letter of credit before the expiration date (the executing bank notifies the issuing bank);

Buyer's application for full or partial withdrawal of a letter of credit.

All claims arising between the parties to settlements are resolved without the participation of the bank.

Payments by checks

A check is a security containing an unconditional order from the drawer of the check to the bank to pay the amount specified in it to the holder of the check.

A check drawer is a legal entity that has cash in the bank, which it has the right to dispose of by issuing checks. A check holder is a legal entity in whose favor a check is issued. The payer of the check is the bank in which the funds of the drawer are located.

The drawer is not entitled to withdraw the check before the expiration date. due date presenting it for payment. Presenting a check to the bank servicing the holder of the check to receive payment is considered to be presenting the check for payment.

Blank checks are blanks strict accountability and are accounted for in banks on an off-balance sheet account "Forms of strict reporting".

The cover of a check in the drawer's bank can be funds:

Deposited by the drawer on a separate account;

On the corresponding account of the drawer, but not more than the amount guaranteed by the bank and agreed with the drawer when issuing the check, in this case the bank may guarantee the drawer payment of checks at the expense of the bank in the event of a temporary lack of funds on the drawer's account.

To receive checks, the client submits to the bank an application signed by persons who have the right to sign documents for making transactions on the account. In the application and the coupon to it, the client indicates the account number from which the checks will be paid. Together with the application for the issuance of checks, a payment order is submitted for depositing the required amount of funds on a separate personal account of the drawer.

A check cannot be drawn for an amount that exceeds the amount indicated on its reverse side and in checkbook. The term for presenting a check for payment to a bank institution is 10 days, not counting the day of its issuance. Checks received from enterprises and organizations are handed over to the cash settlement center.

The institutions of the Bank of Russia that accept checks from commercial banks carefully check the correctness of filling them out and pay the checks. Write-off of funds from the drawer's account is carried out by the bank on the basis of the register of checks received from the settlement and cash center (RCC), the checks themselves remain stored in the cash register.

For non-cash payments, checks issued by credit institutions can also be used. Such checks can be used by the clients of the credit institution issuing these checks, as well as in interbank settlements in the presence of correspondent relations. However, such checks are not used for settlements through subdivisions of the Bank of Russia settlement network.

If the sphere of circulation of checks is limited to a credit institution and its clients, checks are used in the payment turnover on the basis of an agreement on settlements by checks, which is concluded between the credit institution and its clients.

Settlements for collection

Collection settlements are a banking operation through which the bank (hereinafter referred to as the issuing bank), on behalf of and at the expense of the client, on the basis of settlement documents, performs actions to receive payment from the payer.

For collection settlements, the issuing bank has the right to involve another bank (executing bank).

Settlements for collection are carried out on the basis of payment requests, the payment of which can be made at the order of the payer (with acceptance) or without his order (in the manner without acceptance), and collection orders, the payment of which is made without the order of the payer (in an indisputable manner).

Payment claims and collection orders are submitted by the recipient of funds (collector) to the payer's account through the bank servicing the recipient of funds (collector).

Collection orders are applied in the following cases:

The indisputable procedure for collecting funds is established by law;

Collection is made according to executive documents;

They are provided for in the agreement (provided that the bank servicing the payer is granted the right to debit funds from the payer's account without his order).

Collection documents for the collection of funds from accounts issued on the basis of executive documents, are accepted by the bank of the recoverer in the presence of the original of the executive document or its duplicate. At the same time, collection orders for writing off funds in an indisputable manner are not accepted for execution in cases where the executive document attached to the collection order is presented after the expiration of the period established by law.

Executive documents for the collection of periodic payments (alimony, compensation for harm caused to health, etc.) remain valid for the entire time for which these payments are awarded. Terms of presentation of executive documents are calculated for each payment separately.

Settlements for collection can be carried out on the basis of payment requests, which are paid on the basis of the order of the payer (with acceptance) or without his order (in the manner without acceptance), and collection orders, payment of which is made without the order of the payer (in an indisputable manner).

Payment requests and collection orders are presented by the recipient of funds to the payer's account through the bank serving the collector, which must fulfill them within three days.

Settlement documents are paid as funds are received to the payer's account in the order established by law. Possible and partial payment claims and collection orders.

Having failed to execute or improperly executed the client's order to receive payment on the basis of a payment request or a collection order, the issuing bank shall be liable to the client in accordance with the law.

Absence of a bank account in the agreement or additional agreement to it, the conditions for the debiting of funds in an indisputable manner and the failure to present the relevant funds about the creditor are grounds for the bank to refuse to pay for the collection order.

The Bank may suspend the debiting of funds in an indisputable manner in the following cases:

Such a decision was made by the body entrusted with the implementation of control functions;

Submitted a judicial act on the suspension of recovery;

There are other grounds provided by law.

Interbank settlements

Settlements between economic entities (enterprises, organizations) determine mutual settlements between banks. Interbank settlements occur when the payer and the recipient of funds are serviced different banks, as well as at mutual lending banks. Interbank settlements - settlements between credit institutions and their branches.

The levels of settlement relationships between banks have common features and differences. These types of relationships differ in the form of organization and economic content.

Organizational differences lie in the fact that in settlements between credit institutions they are implemented as relationships between economically separate entities, and in interbranch settlements - within the boundaries of one bank.

According to the economic content, settlements between commercial banks and within one bank (interbranch) differ in the payment boundary, the method of relationships and the technology of implementation. The limit of payment within the framework of settlements between credit institutions is limited by the available funds in the correspondent account, they are not limited between branches of the same institution. There are also differences in the legal registration of the procedure and methods for making payments. In settlements between credit institutions, their settlement relationships are fixed in contracts, in interbranch settlements they are determined by the rules established by the head bank for all divisions. Branches of one bank are strictly limited in the choice of payment methods.

The organization of settlements between independent credit organizations is based on specific relations that arise between banks - correspondent relations.

When conducting interbank settlements, three main methods are used:

1) debiting and crediting funds on accounts, opened by banks in the Bank of Russia;

2) making payments on NOSTRO and LORO accounts, which banks open to each other on a bilateral basis;

3) settlements are carried out through accounts opened either with a correspondent bank or with a specialized settlement or clearing organization.

Settlements between credit institutions, with all the variety of methods for their implementation, are based on uniform principles. These principles correspond to the principles of the system of cashless payments, but they also have certain specifics.

Tosospecificprinciples include:

Maintenance of participants in interbank settlements;

Control over the correctness of interbank settlements;

Unconditional payment on interbank obligations;

Making a payment within the available funds on the correspondent account.

Compliance with these principles makes it possible to ensure the timeliness and completeness of settlement operations.

The key role in organizing interbank settlements belongs to the Bank of Russia. According to the current legislation, it is a methodological center, exercises control and supervision over this area of relations. The Bank of Russia organizes and manages through its institutions - cash settlement centers - a system of transfers of funds between banks on a gross basis, performs final clearing settlements by transferring net liabilities and claims based on the results of offset to accounts opened with the cash settlement center. If there is a need for credit institutions, the Bank of Russia can provide services for completing settlements by providing loans.

Correspondent accounts are an important element of interbank settlements carried out directly by credit institutions. Correspondent account, in fact, is a bank that stores free cash intended for settlements with counterparties. The range of transactions carried out on correspondent accounts is quite wide.

These accounts are:

1) operations on settlement and cash services, lending and other customer services of the bank itself:

- with insurance companies

— with the Bank of Russia;

2) operations on interbank loans and deposits, securities, purchase and sale of currencies, transfer of reserve requirements;

3) business transactions jar.

At the same time, the bank can carry out part of the customer service operations in cash.

A commercial bank may have several correspondent accounts, their nature and number is determined by the bank's participation in other subsystems of interbank settlements.

Settlements between banks are carried out through the settlement centers established by the Bank of Russia, which act as intermediaries in the transfer of funds when using the first method of interbank settlements. The second method of interbank settlements is based on opening direct correspondent accounts and establishing direct correspondent relations.

An agreement on correspondent relations with another credit institution governs the relationship between the parties.

In particular, it contains:

Procedure for opening and closing accounts;

List of required documents;

List of transactions carried out on the account;

Account operation mode;

Electronic information exchange technology.

When making payments through the RCC commercial Bank opens one correspondent account at its location, in addition, the credit institution has the right to open one correspondent sub-account in the name of each branch at its location.

An agreement is concluded between the RCC and the credit institution, which defines the procedure for settlement services, the rights and obligations of the parties, the method of information exchange, liability for non-performance or improper performance under the agreement.

The Bank of Russia accepts settlement documents regardless of the balance of funds on the correspondent account of the credit institution; payments are made within the limits of the balance of funds.

A payment made by a credit institution through the settlement network of the Bank of Russia is considered to be:

Irrevocable - after funds are debited from the correspondent account of the credit institution, confirmed by an extract or electronic official information documents;

Final - after the funds are credited to the recipient's account, confirmed accordingly.

The correspondent account of a credit institution may be closed at the initiative of the credit institution itself or on the basis of an application by the liquidation commission during its liquidation.

Settlements between branches of a credit institution are called interbranch settlements.

Mutual settlements between branches can be divided into two types:

1) the movement of resources within one bank;

2) carrying out operations carried out on behalf of clients.

Means of interbranch settlements is the memo on interbranch (MFO). The RCC prepares this document and sends it to another RCC to complete inter-branch settlements. Advices, as a rule, are sent by special communications or telegraph.

One of the settlement methods is clearing. Clearing is a system of relations in which the monetary claims of the participants are repaid by their own monetary obligations without the use of money or with their minimum use. Depending on the frequency of mutual settlements, clearing can be one-time or permanent. One-time clearing is carried out sporadically as accounts receivable and payable accumulate. Permanent clearing is carried out periodically, regardless of the state of monetary obligations and monetary claims participants. According to the composition of participants, clearing can be bilateral or multilateral, when settlements are carried out between groups of enterprises, united, as a rule, on an industrial or territorial basis.

Organization of work with cash

The organization of work with cash is one of the most important functions of a credit institution. It allows you to meet the needs of business entities and the population in cash, as well as to carry out their storage and transportation.

Bank cash operations are operations related to the collection, acceptance, storage and issuance of cash, foreign currency and other valuables.

In order to carry out comprehensive cash services for individuals and legal entities, as well as to carry out operations with cash and other valuables, credit institutions create a cash department equipped in accordance with the requirements for the device and technical integration developed by the Bank of Russia.

The structure of the cash department includes: storage of valuables; operating cash desks (receipt, expenditure, income and expenditure, evening cash desks, recalculation cash desks), a room for receiving and issuing money to collectors, a pantry or safe room and a number of other premises necessary for performing cash operations.

The composition of the premises of the cash center, as well as the feasibility of creating certain cash departments, is determined by the management commercial bank based on the types and volumes of cash transactions performed.

In order to improve and expand cash services for the population, credit institutions may open appropriately equipped operating cash desks outside the cash desk to carry out operations for accepting and issuing deposits (in "rubles and foreign currency), selling and buying securities, receiving utility bills from individuals. Operating cash desks outside the cash center located in organizations, in addition to the above operations, issue funds for wages and social payments, as well as other operations for which a commercial bank has a license. A credit institution may install ATMs, cash dispensers, including those using a personal computer installed at the workplace of a cashier (electronic cashiers), terminals operating in automatic mode and designed to receive cash from customers and store it (automatic safes).

The head of a credit institution and the head of the cash desk are officials responsible for the safety of valuables, exercise control over the timely posting of money received at the cash desks of a credit institution, organize cash services for their customers and bear responsibility in accordance with the laws of the Russian Federation and regulations of the Bank, Russia.

The procedure for conducting cash transactions is regulated by the Bank of Russia, which issues and regulates money circulation. The main document for the organization of cash operations is the Regulations on the Procedure for Conducting Cash Operations in Credit Institutions on the Territory of the Russian Federation, approved by the Central Bank of the Russian Federation No. 199P (hereinafter referred to as the Regulations on Conducting Cash Operations). The Regulation establishes the procedure for performing banking operations in terms of organizing cash work, collection, transportation and storage of cash and valuables for credit institutions and their branches. On the basis of this document, credit institutions develop their regulations on the cash department and job descriptions cashier workers. Credit institutions are serviced for cash transactions by cash settlement centers of the Bank of Russia, which establish for each credit institution minimum size cash (the balance of cash in the operating cash desk) based on the volume of cash turnover passing through the cash desk.

Cash and other valuables of the credit organization are stored in the store of values. It is equipped in accordance with the requirements of the Regulations on the conduct of cash transactions. The vault is closed with at least two keys held by officials responsible for the safety of valuables.

In the vault, money and other valuables are stored in metal cabinets. Racks, safes, trolleys that are locked by the head of the cash register.

Ruble cash, foreign currency and payment documents in foreign currency, other valuables are stored separately.

Pre-prepared cash and other valuables for issuance to customers on the next business day are stored separately from cash and valuables of the operating cash desk.

Securities and forms of securities are stored packed according to their types in bundles.

Banknotes, coins, foreign currency, payment documents in foreign currency and other valuables in the vault are recorded in the ledger of accepted and issued money (values) (hereinafter referred to as the money ledger). The book is kept by the cashier. Remains of valuables recorded in the book of accounting for money, Chief Accountant checks against the data of the Balances of the corresponding accounts of the accounting account.

At the end of the operational day, the vault is closed by officials responsible for the safety of valuables in the presence of security guards and is handed over to guards.

Procedure for cash customer service

Direct execution of operations with cash is carried out by cash and collection officers of a credit institution, with whom agreements on full liability are concluded. They are obliged to strictly observe the procedure for conducting cash transactions, which provides that operations for the receipt and issuance of cash can be carried out only on the basis of a formalized established order accounting and operational employee of the receipt and expenditure cash document, and his duties also include checking the legality of cash transactions.

Cashiers of incoming and outgoing cash desks are provided with sample signatures of operating employees authorized to sign incoming and outgoing documents, and operating employees involved in the execution of incoming and outgoing cash documents - with sample signatures of cash workers of these cash desks. Sample signatures are certified by the signatures of the head and chief accountant and sealed with the seal of the credit institution.

In addition, tellers have cards with sample signatures and stamps of customers who receive cash from their accounts.

Organization of cash receipt

Operations for receiving cash in credit institutions are carried out: during the operating day - cash desks, and after its completion - evening cash desks.

Cash is accepted from clients on the basis of an announcement for a cash contribution, which is a set of documents consisting of an announcement, an Order, a receipt. The operating employee checks the legality of the operation, the possibility of its completion, the correctness of filling out the declaration for a cash contribution, registers the amount of money in the cash register upon receipt and transfers it to the cashier. The cashier signs this announcement, the receipt and the order to it, puts a seal on the receipt and issues it to the bearer of money. The cashier keeps the announcement for the cash contribution, returns the order for the announcement to the operational employee for crediting the specified amount to the account of the cash carrier.

Acceptance and issuance of cash to citizens, as well as employees of a credit institution, is carried out according to incoming and outgoing cash orders.

Acceptance of money for utility, tax and other payments is made according to notices and receipts of established forms.

The accounting rules in a credit institution provide that the document flow for incoming cash transactions should be organized so that the issuance of receipts to customers for crediting the amount to their accounts is carried out only after the actual receipt of money at the cash desk, with the exception of contributions to deposits of citizens that can be recorded on personal accounts. depositors' accounts before receiving money. At the same time, documents confirming the contribution to the deposit and (or) the bank book are issued to the depositor after the actual receipt of money at the bank's cash desk.

At the end of the operating day, the cashier draws up a certificate on the amount of funds received and the number of cash documents received by the cashier.

The total amount on the certificate must match the amount of cash received. These certificates are compared with entries in the cash register of the operating employee. Reconciliations are made out by signatures of the cash worker in cash registers and operational workers on the certificate of each cash worker.

Cash accepted at the cash desk during the operating day, together with receipt documents and a certificate on the amount of money accepted and the number of cash documents received at the cash desk, is handed over to the cashier manager under the ledger of accepted and issued money (values).

At the end of the trading day, money from enterprises is accepted by evening cash desks. Upon completion of the receipt of money, the cashier and the operating worker check the cash with the data of the cash register and receipt documents, which should be stamped with the “Evening Cashier” seal, and sign the cash journal. Received money, incoming cash documents, cash journal and seal at the end of operations of the evening cash desk are stored in a safe under guard. On the morning of the next day, money and cash receipts are handed over against receipt to the head of the cash register. Then the incoming cash documents are transferred to the chief accountant, who, after verification, signs the cash journal and passes it along with declarations for a cash contribution to operating employees for reflection in the accounts in carriers.

All cash received during the operating day must be credited to the operating cash desk and credited to the relevant customer accounts on the same business day. If money is accepted from clients at the evening cash desk during the post-operational hours, then they are credited to the corresponding accounts of the clients of the credit institution no later than the next business day.

Organization of cash disbursement

The issuance of cash by credit organizations is carried out on the basis of checks, and to bank employees - on the basis of debit bank warrants.

In order to perform debit cash transactions, the head of the cash desk issues the necessary amount of money to the cash workers of the expense cash desks against a receipt in the money ledger.

When receiving cash, the client presents a cash check to the operating employee, who, after appropriate verification and execution, writes the amount of the check in the cash register for the expense and issues to the person receiving the money a control stamp from the cashier's check for presentation to the cashier. The cashier checks the details of the check, compares the control stamp number with the check numbers and gives the money to the client. The checks themselves remain in cash documents for the credit institution.

At the end of the operating day, the cashier reconciles the amount of money received by him under the report from the head of the cashier with the amounts indicated in the expenditure documents and the actual balance of money, draws up a certificate of the amount of money issued and the amount received under the report, signs it and the cash Turnovers given in it reconciles with entries in the cash registers of operating workers. The reconciliation is confirmed by the signatures of the cash worker in the cash register, and the operating worker - in the cashier's certificate.

The balance of cash and expenditure cash documents, the accounting certificate, the cashier hands over against receipt in the book of accounting for received and issued money to the head of the cashier, When performing credit and expense transactions one cashier draws up a summary statement of cash turnover.

The accounting rules in a bank provide that the organization of debit cash transactions should exclude the possibility of:

Payment for incorrectly executed documents, checks with signatures and seals that do not correspond to the declared samples, and checks drawn from the book do not belong to

Receipts to the cash desk of checks and other cash expense documents, bypassing the relevant operational employees and the bank controller;

Making unreasonable corrections and additions to cash documents and journals.

Organization of collection and delivery of cash

Collection and delivery of cash and other valuables can be carried out by the credit institution itself or on a contractual basis by specialized collection services licensed by the Bank of Russia to carry out these operations.

The head of the collection department of the bank is responsible for organizing the delivery of valuables, creating conditions that ensure the safety of the transported valuables and the safety of the team of collectors.

Each foreman of collectors is issued a power of attorney for the receipt and delivery of valuables, a seal, security cards, empty bags.

A commercial bank provides cash reinforcement for its branches and operating cash desks outside the cash node on the basis of their applications. For cash and other valuables sent through collectors, separate inventories are drawn up, in triplicate, certified by the signature of the bank's cashier and seal. The first copy of the inventory is sent to the recipient, the second remains in the sender's bank, the third after the task is completed is transferred to the collection unit. Then cash and other valuables are packed into bags and sealed under the control of the head of the cash register. When accepting money and valuables, the senior brigade, collectors sign in expense note and on the second copy of the inventory.

Cash collection of customers is carried out on the basis of concluded agreements. In the collection department for work with clients, a list of organizations serviced by collectors is maintained.

Depending on the volume of proceeds, each organization with which a collection agreement has been concluded is given collection bags with serial numbers, in which the proceeds are then handed over to collectors. They check the integrity of the packaging, the legibility of the seals (Containing the number and abbreviated name of the organization or its brand name), sign the shipping lists and put a collector's stamp.

The cashier of the organization to be collected writes out a forwarding statement in triplicate for each bag of cash handed over to the collectors. The first copy is invested in the bag along with the proceeds and serves as the basis for posting money to the head of the cash register. The second copy (consignment note) is handed over to the collector when the bag is handed over to him. After the money is recalculated and credited to the client's account, this copy is sent to him as confirmation of the amount received. The third copy remains in the organization being collected.

A certificate is drawn up for the total number of bags with cash and empty bags accepted by the evening cash desk, and bags with cash and other valuables delivered to a credit institution after the evening cash desk is closed or in its absence are stored in specially allocated safes.

In the morning of the next day, the cashier and operational workers hand over bags with cash and other valuables and invoices for them; to the checkout counter.

After recounting the money and determining the amount of cash for each cashier in the control sheets, the accompanying sheets and invoices for the bags are transferred to the Cashier Manager. Invoices for bags are sent to operating employees to record the results of the recalculation of revenue in the cash register upon receipt and to credit the accepted amounts to the relevant customer accounts.

Bags with cash and other valuables delivered from branches and cash desks outside the cash desks of credit institutions, and accompanying documents for them are also handed over to cash and operational employees of the evening cash desk or to the supervisory employee of the recalculation cash desk, or to the head of the cash desk against receipt in the certificate of the bags accepted by the evening cash desk with cash and empty bags.

The cash delivered by collectors is registered at the cash desk by incoming cash orders.

The procedure for concluding an operating cash desk

The head of the cash desk according to the data of the certificates of the cash workers who carried out the operations of receiving and issuing money, certificates of the bags of cash and empty bags accepted by the evening cash desk, as well as according to the data of the expenditure and receipt cash orders, on the basis of which the money of the operating cash desk was issued or accepted by him personally, draws up a summary statement of cash turnover for the day, compares its results with accounting data. The reconciliation is executed by the signature of the chief accountant (his deputy) on the summary certificate of cash turnover.

After that, on the basis of the cash receipts and expenditures, reflected in the summary statement of the head of the cash register, the balance of cash in the operating cash desk of the credit institution, as well as the balance of other valuables at the beginning of the next day, which are certified by signatures, is displayed in the book of cash and other valuables officials responsible for the safety of valuables.

Cashless non-cash turnover. They mean, first of all, bank deposits on the accounts of customers, the use of which is carried out with the help of checks, credit cards, electronic transfers. Bills of exchange, certificates, and in a number of countries other obligations and requirements are also used in money circulation.
Non-cash payment turnover is carried out in the form of entries in the accounts of payers and recipients of funds or by offsetting mutual claims.
Non-cash payments in the economy are organized according to a certain system, which is understood as a set of principles for organizing non-cash payments, the requirements for their organization, determined by specific business conditions, as well as the forms and methods of payment and the associated workflow.
The Central Bank of the Russian Federation, as the main regulatory body of the payment system, is responsible for establishing the rules, terms and standards for making settlements in compliance with the following principles of their organization:
1. Legal regime for settlements and payments. General order settlements on the territory of the Russian Federation is regulated by the Civil Code of the Russian Federation (Articles 861-885), as well as the Regulation Central Bank RF dated April 12, 2001 No. 2-P "On non-cash payments in the Russian Federation".
Special legislative and by-laws have also been adopted.
2. Implementation of settlements on bank accounts that the recipient, supplier and payer must have. For settlement services, a bank account agreement is concluded between the client and the bank, and banks and other credit institutions open correspondent accounts with each other for settlements between themselves.
3. Ensuring liquidity and solvency of participants in settlement relations.
4. Availability of consent (acceptance) of the payer for payment. The mechanism for implementing this principle is the execution of an appropriate payment document - a check, a bill of exchange, a payment order or a special acceptance of documents - payment requests-orders, payment requests, bills of exchange issued by the recipient of funds.
5. Urgency of payment. This principle applies not only to the period of payment of invoices for goods and services, but also to the time of settlement operations by banks.
6. Control of the subjects of settlement relations over the timeliness and correctness of settlements. This principle is closely related to the principle of property liability for compliance with contractual terms in the form of compensation for losses, payment of fines, penalties, etc. in case of breach of contractual obligations.
In accordance with the Civil Code of the Russian Federation for non-cash settlements, settlements by payment orders, letters of credit, checks, collections, as well as settlements in other forms provided by law are allowed.
The rules, forms, terms and standards of non-cash payments are established by the Central Bank of the Russian Federation. According to the legislation, the total term of non-cash payments should not exceed five business days within the Russian Federation and two business days - within the subject of the Russian Federation.
According to the Regulation "On non-cash payments in the Russian Federation", the main forms of non-cash payments are:
settlements by payment orders;
settlements under a letter of credit;
settlements by checks;
collection settlements.

Peculiarity organizations non-cash calculations. Cashless circulation is the movement of money cashless

Peculiarity organizations non-cash calculations. Cashless circulation is the movement of money cashless turnover. They mean, first of all, bank deposits on customer accounts, the use of which is carried out with the help of checks, credit cards ...

Peculiarity organizations non-cash calculations. Cashless circulation is the movement of money cashless turnover. They mean, first of all, bank deposits on customer accounts, the use of which is carried out with the help of checks, credit cards ...

Peculiarity organizations non-cash calculations. Cashless circulation is the movement of money cashless turnover. They mean, first of all, bank deposits on customer accounts, the use of which is carried out with the help of checks, credit cards ...

Peculiarity organizations non-cash calculations. Cashless circulation is the movement of money cashless

Peculiarity organizations non-cash calculations. Cashless circulation is the movement of money cashless turnover. They mean, first of all,

In the process of trading, economic activities, pharmacy organizations enter into relationships with other enterprises and institutions. These relationships, as a rule, are accompanied by cash settlements, which are carried out through the bank in the form of cashless payments.

The pharmacy carries out non-cash payments:

With suppliers of inventory items;

with service providers;

Performs financial settlements.

With buyers (healthcare facilities and other organizations).

In the first three cases, the pharmacy acts as a buyer or payer, in the last - as a supplier.

Cashless payments- this is cash settlements by entries in bank accounts, when money is debited from the payer's account and credited to the buyer's account.

Benefits of cashless payments compared to cash payments:

A significant number of banknotes is being reduced in circulation;

The payment process itself is accelerated, as the money in the bank is transferred from one account to another;

They are a form of settlements between legal entities, which is controlled by the RCC.

Cashless payment system- a set of principles for organizing non-cash payments, requirements for their organization, determined by specific business conditions, as well as forms and methods of payment and related workflow.

Principles of organizing cashless payments:

Ø First principle – legal regime for settlements and payments. The main regulatory body of the payment system is the Bank of Russia. They established uniform requirements for settlement operations and execution of settlement documents.

Ø Second principle – making settlements on the accounts of credit institutions. Non-cash payments are carried out by legal entities and individuals through the bank in which they have opened an appropriate account.

Ø Third principle – maintaining liquidity at a level that ensures uninterrupted payments. Compliance with this principle is a guarantee of a clear, unconditional fulfillment of obligations. All payers must plan receipts, write-offs of funds from accounts, prudently seek the missing resources, for example, by obtaining a loan in order to timely fulfill debt obligations.

Ø Fourth principle - the presence of acceptance (consent) of the payer for payment is realized by using the appropriate payment instrument (check, promissory note, payment order), indicating the owner's order to write off funds or a special acceptance of documents issued by the recipients of funds, payment request, bill of exchange.

Ø Fifth principle - the principle of urgency of payment implies the timely and complete fulfillment of payment obligations. The significance of this principle lies in the fact that continuously spent funds for the production of goods, the provision of services, must be reimbursed at the expense of payments from buyers within the time limits stipulated by the concluded agreements.

Ø Sixth principle – control of all participants over the correctness of settlements, compliance with the established provisions on the procedure for their implementation.

Ø Seventh principle - the principle of property liability for compliance with contractual terms. The essence of this principle lies in the fact that violations of contractual obligations in terms of settlements entail the application of civil liability in the form of compensation for losses, payment of penalties (fines, penalties), as well as other liability measures.

Non-cash cash settlements are carried out subject to the following conditions:

The payer has the right to refuse to pay for the presented document in whole or in part in cases provided for by law or the contract;

· Without the consent of the payer or his instructions, debiting funds from the accounts is not allowed;

Payments are made from own funds payer, and individual cases- at the expense of a bank loan and other borrowed funds;

funds are credited to the beneficiary's accounts only after they are debited from the payer's account;

· the payer complies with the document flow rules developed by the Central Bank of the Russian Federation and determining the movement of money and monetary documents.

The total period of cashless payments should not exceed 2 business days within the subjects of the federation, within 5 days - within the Russian Federation. Cash documents for non-cash payments must comply with the requirements established by the Bank Russian standards.

Features of the organization of cashless payments. Features of cashless payments