Russian Journal of Economics and Law (Mar 2016)

PROBLEM OF LONG-DATEDNESS IN BANKING CREDITING IN RUSSIA: LEGAL ASPECT

  • I. V. Makerov

DOI
https://doi.org/10.21202/1993-047X.10.2016.1.133-143
Journal volume & issue
Vol. 10, no. 1
pp. 133 – 143

Abstract

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Objective: to study the needs of economy in the long-term banking credit for capital renewal, and in this regard, to find in the current legislation the time frame of long-datedness in general, and in particular time period of long-term banking credit relationships. Methods: the work is based on the dialectical approach to cognition, allowing to establish the diversity of long-dated terms in the system of the current legislation, by assessing the quantitative aspects, to identify the components of a period of time, comprehensively and objectively considered as long-dated in bank crediting. The dialectical approach to cognition has determined the choice of specific research methods: general scientific (comparison, description, induction, systemic approach), and specific scientific (analysis, synthesis, generalization) methods.Results: in the current legislation there is no clear definition of a long-term period of time. The concept used in the legislation characterizes different time periods. Also, there is no generally accepted time period of long-term banking credit relationships, as every legal act in crediting establishes its own time frame. Such situation of legal uncertainty of the timing of long-term bank crediting is an obstacle in enhancing the long- term component in bank crediting. In this regard, to improve the legal regulation of long-term credit relationships it is essential to establish a unified period of long-term bank crediting.Scientific novelty: for the first time, the article describes and analyzes the current Russian legislation relating to long-term relationships and their timing, as well as legal acts related to the activities of the banking sector, which are determined by crediting terms depending on the situation and order of granting.Practical significance: the main findings of the research can be used in scientific and theoretical activity in civil law when considering the timing of the relationships and their duration. They can be also used in the lawmaking for the theoretical justification of certain provisions of normative acts related to timing, in general and with the timing of long-term bank credits, in particular.

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