Legal Statuses of the Central Bank of Russia: Regulatory Challenges

The article, based on analysis of legal scholarship and the general and special legislation of the Russian Federation, examines various elements of the legal status of the Bank of Russia. Characterized by both public and private features, the legal status of the lender of last resort exhibits notable specificities from the perspectives of constitutional, administrative, financial and civil law. Independence, above all from the executive branch, the development of key feedback mechanisms for managerial influence, and sufficiency of internal resources have enabled the emergence of the institution of mega-regulation on the basis of the Bank of Russia. The author notes that since 2013 the objectives of the issuing bank have been expanded to include the development and stability of the financial market, and that regulatory and supervisory powers in this area were assigned to the Committee for Financial Supervision created within the structure of the «bank of banks». Today, the coexistence of seemingly contradictory restrictive administrative powers and the goals of strategic financial-sector development requires consolidation of public and state interests and measures to mitigate the risk of excessive, uniform burdens on infrastructure. The article concludes that the central bank of the first tier functions not only as an instrument of the state’s monetary policy but also as a constitutional organ for governing a multi-level banking system. As a mega-regulator active in financial markets it seeks to combine supervisory and regulatory principles, and as a legal entity of a special legal nature it may employ economic or direct means of influence, blending elements of administration with aspects of its private-law status. The normative regulation of the national bank’s activity is marked by a wide range of general and special legislative acts, while the Bank’s own regulatory instruments warrant particular attention. According to the author, fulfillment of the legislator’s mandates for the «bank of banks» and the improvement of financial-market rulemaking are most effective when informed by foreign experience and enforcement practice

1. Barenboim PD, Lafitsky VI. Essays on the constitutional economy: status of the Bank of Russia. Moscow: Justicinform Publ.; 2001. (In Russ.).

2. Efimova LG. Banking Law. Vol. 1: Banking system of the Russian Federation. Moscow: Statute Publ.; 2010. (In Russ.).

3. Efimova LG. The Legal Nature of the Central Bank of the Russian Federation. Economy and Law. 1994;5(208):16-29. (In Russ.).

4. Isaev IA, Rumyantseva VG. Russian sovereignty and strengthening national unity. Russian Law Online. 2023;4:5-9. (In Russ.).

5. Kazachkova ZM, Rossinsky BV. Central Bank of the Russian Federation as a legal entity of public law. Bulletin of the Russian Law Academy. 2024;2:76-87. (In Russ.).

6. Lysova YuV. On the legal status of the Bank of Russia and their practical significance. Courier of the Kutafin Moscow State Law University (MSAL). 2016;2(18):108-118. (In Russ.).

7. Migachev YuI, Migachev AYu, Shamrin MYu. Administrative and legal status of organizations endowed with state powers. Moscow: Prospect Publ.; 2021. (In Russ.).

8. Neverova NV. Features of the legal personality of the Bank of Russia as an administrative jurisdiction body. Bulletin of Saratov State Law Academy. 2023;4(153):264-271. (In Russ.).

9. Rozhdestvenskaya TE. Bank of Russia as a mega-regulator in the financial market: features of legal status. Courier of the Kutafin Moscow State Law University (MSAL). 2014;4(4):54-69. (In Russ.).

10. Tarasenko OA. Entrepreneurial activity of the Bank of Russia. Aktual’nye problemy rossijskogo prava. 2020;15(6):73-83. (In Russ.).

11. Tosunyan GA, Vikulin AYu. Money and power. Separation of powers theory and modernity. Moscow: Delo Publ.; 1998. (In Russ.).