Effectiveness of the Basel Principles of Financial Supervision of Financial Markets Stability Under the US Dodd-Frank Act and Russian Banking Legislation: A Comparative Legal Analysis
( Pp. 101-109)

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Sorochkin Alexey Alexandrovich sotrudnik kafedry ekonomicheskogo i antimonopolnogo regulirovaniya Moskovskogo gosudarstvennogo instituta mezhdunarodnyh otnosheniy (Universitet) MID Rossii ( MGIMO MID Rossii), magistr yurisprudencii magisterskoy programmy «Mezhdunarodnoe finansovoe pravo»
Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia (MGIMO Ministry of Foreign Affairs of Russia)
Moscow, Russia
Abstract:
Introduction. The article in a comparative legal context examines the basic provisions of the "Fundamental Principles for Effective Banking Supervision" of the Basel Committee on Banking Supervision (BCBS), reflected in the US Dodd-Frank Act 2011. and in the Russian banking legislation of the last 10 years. The aim of the work is recommendations and conclusions that allow to track the effectiveness of the implementation of the principles of organizing financial and banking supervision of the BCBS in the United States and Russia in order to prevent crisis situations and ensure the stability of financial markets. The development of the provisions of the US Dodd-Frank Law (last revised 2018) and the norms of the Federal Law of the Russian Federation "On Banks and Banking Activities" (revised 02.07.2021) reflect the dynamics of strengthening the legislative regulation of financial supervision. Comparative analysis helps not only to look critically at the innovations of the US Dodd-Frank Law, but also to identify its most effective provisions that help to eliminate gaps in Russian banking legislation in terms of improving the effectiveness of the BCBS's Basel Principles of Banking Supervision. Materials and methods. The norms of Russian banking legislation, regulatory legal acts of the Central Bank of the Russian Federation, the US Dodd-Frank Act, related US regulatory legal acts, Russian and foreign scientific sources on financial supervision over the stability of financial markets were used. The methods of comparative legal analysis of scientific concepts and foreign sources on the topic of the article were used. Results. It was revealed that the Dodd-Frank Act adopted in the United States changed approaches to the regulation of financial markets, complicated the regulatory system and significantly strengthened financial prudential supervision. Despite the fact that, on the whole, the adopted law had an objectively positive effect on the stability of the US financial system, its individual negative consequences caused serious discontent, which caused further transformation of the legal regulation of financial stability. Russian federal laws and regulations in the banking sector are gradually introducing the BCBS Basel principles, reflecting transformation trends similar to those in the United States, for example, in terms of methods of strengthening supervision over banking groups, holding companies, and systemically important financial institutions. Discussions and conclusions. It seems that certain provisions of the Dodd-Frank Law, as a result of the implementation of the Basel standards of banking supervision, differ from similar legal regulation in the Federal Law of the Russian Federation "On Banks and Banking Activities" and the Federal Law "On the Central Bank of the Russian Federation". This reflects the different doctrinal, conceptual, strategic, monetary approaches of the governments and financial regulators of the United States and Russia to methods of ensuring stability in financial markets. At the same time, the banking legislation of the United States and Russia is constantly being improved in terms of financial supervision of financial markets, implementing the Basel principles in the context of their deepening, softening, and expanded interpretation.
How to Cite:
Sorochkin A.A., (2021), EFFECTIVENESS OF THE BASEL PRINCIPLES OF FINANCIAL SUPERVISION OF FINANCIAL MARKETS STABILITY UNDER THE US DODD-FRANK ACT AND RUSSIAN BANKING LEGISLATION: A COMPARATIVE LEGAL ANALYSIS. Gaps in Russian Legislation, 6 => 101-109.
Reference list:
Federal Law of the Russian Federation «On Banks and Banking Activities» dated 02.12.1990 N 395-1 (as amended on 02.07.2021)
Dodd-Frank Act Becomes Law. The Harvard Law School Forum on Corporate Governance and Financial Regulation. July 21, 2010//URL:
Eugene A. Ludwig, Assessment of Dodd-Frank Financial Regulatory Reform: Strengths, Challenges, and Opportunities for a Stronger Regulatory System, Yale Journal on Regulation (2012), vol.29//URL: http://digitalcommons.law. yale.edu/yjreg/ vol29/iss1/7
Financial Choice Act of 2017 Elektronnyy resurs // URL: https://www.congress.gov/bill/115th-congress/house-bill/10
Global systemically important banks: Assessment methodology and the additional loss absorbency requirement - consultative document, 19 july 2011. Elektronnyy resurs // URL: https://www.bis.org/publ/bcbs207.pdf
Presidential Executive Order on Core Principles for Regulating the United States Financial System. The White House Office of the Press Secretary. February 3, 2017. Elektronnyy resurs // URL: http://www.whitehouse.gov/ the-press-office/2017/02/03/ presidential-executive-order-core-principles-regulating-united-states
Evdokimova T. V. Financial regulation reform in the United States: correcting mistakes // URL: https://publications.hse.ru/ mirror/pubs/share/folder/62nkcm8eql/direct/69600463
Pekarskaya L.A. Genesis of legal forms of investment banking // Lawyer. 2019.No. 4.P. 49 - 55.
Petrova G.V. Summit of the Group -20 in Hamburg in 2017 and new vectors of stability, security and cooperation in international relations on investment, trade and financial issues // International cooperation of the Eurasian states: politics, economics, law.- No. 2.- 2017.- p. 25 - 38
Chistov D. Dodd-Frank law: a new FATKA or a result of the lessons of the crisis? // Cbonds Review. No. 11, 2011, pp. 50-52
Shestakova K.S. The place of banks in the system of subjects of investment activity // Entrepreneurial Law. 2018.No. 1. P. 71 - 76.
Keywords:
Dodd-Frank Law US, Russian banking laws, Volcker's rule, financial supervision, financial stability, banking legislation.


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