SOME ASPECTS OF LAW REGULATION On CASH COLLECTION Cover Image

О НЕКОТОРЫХ АСПЕКТАХ ПРАВОВОГО РЕГУЛИРОВАНИЯ ИНКАССАЦИИ
SOME ASPECTS OF LAW REGULATION On CASH COLLECTION

Author(s): Peter Shcherbukhin
Subject(s): Law, Constitution, Jurisprudence
Published by: Петрозаводский государственный университет
Keywords: cash; circulation of cash; encashment; cash collection; cash transport

Summary/Abstract: The article is concerned with some aspects of law regulations on cash collection as a type of financial activity. It deals with some questions related to the ambiguity in understanding and usage of the notion “cash collection” in Russian legislation. Encashment relates to bank operations, which are regulated by the Central Bank of Russia. At the same time, until recently, the exact legal definition of cash collection was absent in the Russian law. The definition was initially introduced by the Bank of Russia for credit institutions. Definition of the legal concept of cash transport, differentiation of these terms, and rules for their implementation followed. However, together with the banking law, terms “encashment” or “cash collection” are used to denote similar transactions in other areas of economic activity such as provision of postal or insurance services, utilities’ services, and merchant shipping. At present, the rules of cash collection are established only for credit institutions. They are missing in other economic sectors and fall outside the scope of legal regulation in the Bank of Russia. This situation creates legal uncertainty in the encashment regulation and weakens requirements of the Bank of Russia for its implementation. This situation can produce negative effects. In these circumstances, it seems appropriate to introduce a legal definition of “cash collection” into the administrative law, which is undoubtedly the most dynamic section of the law