The principles of non-cash payments are: Principles of organizing non-cash payments. Payments for collection

Banking Law Rozhdestvenskaya Tatyana Eduardovna

1. Basic principles of non-cash payments

Settlements on bank accounts, or non-cash payments

Settlements on bank accounts, or non-cash payments(non-cash payments) are carried out in the forms of various civil transactions. These calculations differ primarily from payments in cash, i.e. those in which the means of payment is cash banknotes, or money in the strict sense of the word. In non-cash payments, claims to credit institutions are exchanged.

Non-cash payments are regulated by a number of international legal acts, in particular, such as the Uniform Rules for Collection (ICC Publication No. 552 of 1995), the ICC Uniform Rules and Customs for Documentary Letters of Credit (ICC Publication No. 600 of 2007), etc.

In the Russian Federation, the procedure for making payments is determined by the Civil Code of the Russian Federation (Chapter 46) and banking rules, among which it is necessary to highlight the Regulation of the Bank of Russia dated October 3, 2002 No. 2-P “On non-cash payments in the Russian Federation”, as well as the Regulation of the Bank of Russia dated March 12, 1998 No. 20-P “On the rules for the exchange of electronic documents between the Bank of Russia, credit institutions (branches) and other clients of the Bank of Russia when making payments through the settlement network of the Bank of Russia.”

Legal regulation of bank payments is based on the following principles.

1. Non-cash payments are carried out by the parties to a civil obligation through credit institutions from settlement and other accounts opened by them, the terms of which allow payments to be made by order of the client. Thus, the legal basis of the settlement relationship is the bank account agreement concluded between the client and the credit institution. The client has the right to independently choose a bank for his settlement and cash services. In this case, the credit institution must have a license to carry out this banking operation.

2. Participants in settlements may choose and stipulate in the agreement any form of settlement provided for by law, banking rules established in accordance with it and business customs applied in banking practice.

3. When making settlements, funds from accounts are debited by order of the account owner, except for cases provided for by current legislation or an agreement between the credit institution and the client. The will of the account owner can be expressed either in the form of a direct instruction to the credit institution to transfer funds, or in the form of written consent to payment upon request made by a third party.

4. A credit organization does not have the right to determine and control the direction of use of funds in the client’s account and to establish restrictions on his right to dispose of funds at his own discretion not provided for by law or agreement.

5. A credit organization participating in settlements under a civil obligation of counterparties is not itself a party to this obligation. She is a party to the bank account agreement and is only responsible to her client for its execution.

6. It is not permitted to restrict the client’s rights to dispose of funds in the account, with the exception of seizing funds in the account or suspending operations on the account in cases provided for by law.

7. Payments from accounts are made if there are funds in the payer’s accounts or through a bank loan provided to the payer.

8. Non-cash payments are made on the basis of documents in the established form.

9. Payments are made in calendar order if there are sufficient funds in the account. If there are not enough funds in the account to satisfy all the requirements, the funds are written off in accordance with the priority established by Art. 855 of the Civil Code of the Russian Federation.

This text is an introductory fragment. author Varlamova Tatyana Petrovna

12. Forms of non-cash payments Non-cash payments for goods and services, as well as in connection with financial obligations, are carried out in various forms, each of which has specific features in the nature and movement of payment documents. Form of payments

From the book Money. Credit. Banks [Answers to exam papers] author Varlamova Tatyana Petrovna

20. Prospects for the development of non-cash payments Improvement of the payment system in the Russian Federation is solved through the creation and development of an electronic system of interbank settlements (ELSIMER), which allows taking into account and actively using the capabilities of modern

From the book Money. Credit. Banks [Answers to exam papers] author Varlamova Tatyana Petrovna

21. The role of non-cash payments in commercial activities In the modern economy, the overwhelming majority of payments between legal entities are made using a system of non-cash payments. Non-cash payments between business entities are, as it were,

author Shevchuk Denis Alexandrovich

103. Basic principles of organizing non-cash payments Cash payments can take both cash and non-cash forms. Organization of cash payments using non-cash funds is much preferable to cash payments, since in the first

From the book Finance and Credit author Shevchuk Denis Alexandrovich

103. Basic principles of organizing non-cash payments Non-cash payments are cash payments by making entries in bank accounts, when money is debited from the payer’s account and credited to the recipient’s account. Non-cash payments in the economy are organized according to

From the book Finance and Credit author Shevchuk Denis Alexandrovich

105. Basic forms of non-cash payments In accordance with the current legislation, in modern conditions the following forms of non-cash payments are allowed: payment orders, payment requests - orders, checks, letters of credit. Organization

author Rozhdestvenskaya Tatyana Eduardovna

3. Forms of non-cash payments Non-cash payments are carried out in certain forms, which are understood as conditions established by legislators for the fulfillment of monetary obligations through a credit institution, differing in the procedure for crediting funds to the account

From the book Banking Law author Kuznetsova Inna Alexandrovna

53. Forms of non-cash payments Forms of non-cash payments and the procedure for their application are regulated in Chapter. 45 of the Civil Code of the Russian Federation. In accordance with these standards, the Bank of Russia issued regulations. However, many issues of banking regulation in the field of settlements are

author

86. General provisions on the organization of non-cash payments Non-cash payments are payments that are made without the participation of cash, through the movement of funds through bank accounts (from the payer’s account to the recipient’s account) or by offsetting mutual

From the book Finance of Organizations. Cheat sheets author Zaritsky Alexander Evgenievich

87. Principles of organizing non-cash payments 1. Legal regime of non-cash payments: the implementation of non-cash payments is regulated by 1) the Civil Code of the Russian Federation (part two); 2) Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”, Federal Law “On Banks and Banking Activities”; 3)

From the book Finance of Organizations. Cheat sheets author Zaritsky Alexander Evgenievich

88. Forms of non-cash payments All non-cash payments are carried out on the basis of payment documents. The latter come in different types, just as there are different forms of payment and different approaches to organizing banking document flow. Based on these

author

25. General provisions on the organization of non-cash payments Non-cash payments are payments that are made without the participation of cash, through the movement of funds through bank accounts (from the payer’s account to the recipient’s account) or by offsetting mutual

From the book Money, Credit, Banks. Cheat sheets author Obraztsova Lyudmila Nikolaevna

26. Principles of organizing non-cash payments 1. Legal regime of non-cash payments. The implementation of non-cash payments is regulated by: 1) the Civil Code of the Russian Federation (part two); 2) Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”, Federal Law “On Banks and Banking Activities”; 3)

From the book Money, Credit, Banks. Cheat sheets author Obraztsova Lyudmila Nikolaevna

27. Forms of non-cash payments All non-cash payments are carried out on the basis of payment documents. The latter come in different types, just as there are different forms of payment and different approaches to organizing banking document flow. Based on these

From the book Banking: a cheat sheet author Shevchuk Denis Alexandrovich

Topic 76. Non-cash payment system. Its role, elements. Forms of non-cash payments Non-cash payments are payments made between individuals. and Yu.L. without using cash by transferring funds through a bank from the payer’s settlement (current) account to

From the book Commercial Law author Gorbukhov V A

54. Concept and forms of non-cash payments In commercial activities between entities, it is customary to use non-cash forms of payments. Non-cash payments are banking transactions that involve the transfer of conventional monetary forms from the payer’s account to the account

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

Introduction

1.1 The essence and significance of non-cash payments.

1.2 Principles of organizing non-cash payments.

2. Forms of non-cash payments

2.1 Payments by payment orders

2.2 Bill operations, promissory note and bill of exchange

2.3 Payments by checks, letters of credit and collection

Conclusion

List of used literature

Introduction

In commodity-money relations, in the process of purchase and sale and provision of services, satisfaction of various types of claims and obligations, as well as the distribution and redistribution of funds, monetary settlements arise.

The bulk of cash payments (80-90%) are non-cash payments. It arises when cash payments are made without the direct use of cash, i.e. when transferring money to accounts of credit institutions or offsetting mutual claims. Cashless payments are used in such areas of economic relations as the sale of products, works and services; obtaining and repaying bank loans; payment and use of actual income. There is a close and mutual dependence between cash and non-cash circulation: money constantly moves from one sphere of circulation to another, changing the form of cash banknotes to a deposit in a bank, and vice versa.

The most acute problem of the Russian economy is the problem of non-payments. Therefore, I believe that the topic of non-cash payment is currently relevant. Based on the foregoing, we can determine the objectives of this work: to give the concept of the essence of non-cash payments, its significance in the country’s monetary turnover; consider the basic principles of organizing non-cash payments and the main classifications of non-cash payments.

1.1 Essenceand the meaning of cashless payment

cashless payment cash payment

Non-cash payments are payments made without the use of cash, through the transfer of funds to accounts in credit institutions and offsets of mutual claims. Non-cash payments are of great economic importance in accelerating the turnover of funds, reducing the cash required for circulation, and reducing distribution costs.

The features of non-cash payments are manifested in the following: in cash payments, the payer and the recipient take part, transferring cash. In non-cash payments there are three participants: the payer, the recipient and the bank in which such payments are made in the form of an entry in the accounts of the payer and the recipient; Participants in non-cash payments have a credit relationship 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; movements (transfers) of money belonging to one participant in the 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 the participants in such transactions change. In other words, here a credit transaction is carried out using money. Thus, the circulation of cash is replaced by a credit operation.

Non-cash payments mainly serve the sphere of economic relations of enterprises and their relationship with the financial and credit system. Thus, their essence is that economic bodies make payments to each other for inventory and services rendered, as well as for financial obligations by transferring the amounts due from the payer’s account to the recipient’s account or offsetting mutual debt.

The importance of non-cash payments is great, since: non-cash payments contribute to the concentration of monetary resources in banks. Temporarily free funds of enterprises stored in banks are one of the sources of lending; non-cash payments contribute to the normal circulation of funds in the national economy; A clear distinction between non-cash and cash money turnover creates conditions that facilitate planning of money circulation and non-cash money turnover. Expanding the scope of non-cash circulation makes it possible to more accurately determine the size of the issue and withdrawal of cash from circulation.

Thus, we can say that non-cash payments are a set of non-cash monetary transactions in the process of selling goods and services, distribution and redistribution of national income. Their purpose is to repay monetary and credit obligations of legal entities and individuals based on the functioning of money as a non-cash means of payment.

1.2 Principles ocashless payment organizations

The principles of organizing settlements are the fundamental principles of their implementation. Compliance with the principles together allows us to ensure that calculations meet the requirements: timeliness, reliability, efficiency.

The principle of making payments on bank accounts. The presence of the latter by both the recipient and the payer is a necessary prerequisite for settlements. Enterprises, organizations, institutions, regardless of their organizational and legal form, are required to store funds in bank institutions on settlement, current, and budget accounts. They make payments for material assets, services and financial and banking obligations.

Money is transferred from account to account by the bank according to payment documents received from economic authorities. The bank credits the amounts received to these accounts, carries out orders from enterprises to transfer and withdraw them from the accounts and carries out other banking operations that are provided for by banking rules and agreements on the use of one or another form of non-cash payments.

The principle of security of payment presupposes that the payer has funds, that is, payments are made at the expense of the payers’ own funds or bank loans. To do this, all payers (enterprises, banks, etc.) must plan receipts, write-offs of funds from accounts, and prudently find missing resources.

The principle of periodic order of payments. The order of payments can be:

A) chronological - claims are satisfied in the sequence in which payment documents are received by the bank, regardless of the purpose of the payment;

B) targeted - the most important payments are made first.

The principle of consent (acceptance) of the payer. This principle is implemented by using: either an appropriate payment instrument (check, promissory note, payment order), indicating the owner’s order to write off funds; or special acceptance of documents issued by recipients of funds (payment requests, orders, bills of exchange).

The principle of urgency of payment. Payments are made strictly within the terms stipulated in the contracts, in the instructions of the Ministry of Finance, etc. Payment can be made:

A) before the start of a trading operation (advance payment);

B) immediately after completing a trading operation;

C) after a certain period of time after the completion of a trading operation;

D) on the terms of a commercial loan (without issuing a promissory note or with a written promissory note).

The principle of control over operations. Control is divided into preliminary, current and subsequent. There are certain features in carrying out control by enterprises and banks. In particular, banks, acting as intermediaries between sellers and buyers, tax authorities, the population, the budget, and extra-budgetary bodies, monitor their compliance with established payment rules.

The principle of property liability under a contract. The essence of this principle is that violations of contractual obligations regarding settlements entail the application of civil liability in the form of compensation for losses, payment of a penalty (fine, penalty), as well as other measures of liability.

2. Forms of non-cash payments

Based on the current Regulations, non-cash payments in Russia can be carried out using payment orders, payment requests - orders, checks and letters of credit. The use of one or another form of payment is determined by an agreement between the payer and the recipient of funds.

2.1 Payments by payment orders

It can be immediately noted that in the current conditions in Russia, the predominant form of payment is a transfer, moreover, a credit transfer. It provides the payer (debtor) with the opportunity to give instructions to credit the account of the recipient (creditor). An essential property of such an operation is its simplicity, which, in particular, allowed banks to speed up the transition from postal and telegraphic to electronic forms of transfer.

A payment order is an order from an enterprise to the servicing bank to transfer a certain amount from its account to the account of another enterprise - the recipient of funds in the same or another bank institution.

The use of this financial instrument can be associated with both commodity and non-commodity transactions, and non-commodity payments, for example to the budget, are made exclusively by payment orders.

Transfers by payment orders for payments for goods and services are used: for goods received and services provided (with reference to the number and date of the shipping document); in advance payment for services (with reference to the contract number); to pay off accounts payable on commodity transactions; in settlements based on court and arbitration decisions; for rent for premises; in settlements with utilities, transport, household enterprises, etc.

They can be either urgent, that is, immediately after shipment of the goods, or long-term or deferred within the framework of contractual relations.

A payment request-order is a settlement document containing the supplier’s request to the buyer to pay, on the basis of the attached shipping and commodity documents, the cost of products supplied under the contract, work performed and services rendered.

The advantage of this form of payment is that it is convenient for the supplier, since the bank is included in the established relationship, collects payment requests and monitors the collection of money from the buyer.

The purchasing company, accordingly, has the opportunity to monitor the supplier’s compliance with contractual terms using documents. In particular, if the conditions are not met, you can refuse to accept (consent) payment for documents. Moreover, in practice, a variety of forms of acceptance are allowed: positive and negative, preliminary and subsequent, full and partial. To justify the procedure, payment requests-orders are registered in the buyer’s bank in a special journal and transferred directly to the payer against a signature for acceptance.

2.2 Bill operations, promissory note and bill of exchange

When considering the various financial instruments to which an enterprise directs its attention, it is impossible to ignore the bill of exchange. Quite often, commercial activity is associated with a situation where there is a lack of financial resources and it is necessary to resort to deferred payment for goods sold. We are talking, therefore, about a commercial loan that a supplier company can provide to a buyer company with the receipt of a debt obligation from it. A bill of exchange serves as a means of formalizing an obligation provided in a commodity form.

A bill of exchange is an unconditional written promissory note drawn up in accordance with the form established by law or an offer to pay a certain amount of money. When applied to a promise to pay a sum of money, the bill is called promissory note. In the case of an offer to pay, we have a bill of exchange.

A promissory note is a document by which the borrower (drawer of the bill) promises, that is, undertakes, to pay the holder of the bill (beneficiary) or, at his direction, to a third party, a certain amount within a certain period. Essentially, a promissory note is an IOU.

In our country, the form of promissory note is mainly used, in which payment is made by the same enterprises that issued them. Due to their reliability and flexibility, so-called bills of exchange have become more common abroad.

A bill of exchange is a written offer by the maker (the lender, called the drawee), containing an unconditional order to another person, the borrower (called the drawee), to pay a specified amount to a third party, the holder of the bill (called the remittor).

A bill of exchange must be accepted by the payer (drawee), and only after that it acquires the force of an executive document. Acceptance of a bill of exchange is usually noted on the left side of the front side of the bill of exchange and is expressed by the words “accepted”, “accepted”, “will pay”, etc. When people talk about a bank bill, they usually mean a bill issued by a bank. In this case, the bank is the drawer of the bill. Generally speaking, a bank bill can be of a financial nature or a commodity one. The first is represented, for example, by issuing a bill of exchange as a deposit instrument in order to attract funds. The second possibility can be realized by a bill of exchange loan.

2.3 Payments by checks, letters of credit and collection

The general idea of ​​a bill of exchange leads to an understanding of what functions a check performs. A check is a security document executed by the owner of a bank account on a standard form, containing an instruction to the bank to make a payment of a specified amount to a third party upon presentation. For cash checks, cash is issued from the bank, and for settlement checks, non-cash payments are made.

The possibilities of using a check as a means of payment may increase due to an increase in its circulation. The method of transferring the right to receive money from a check is the so-called endorsement. This possibility complies with the rules of bill circulation, where it is also widely used.

Another guaranteed form of payment is a letter of credit. Unlike other forms of non-cash payments, it guarantees payment to the supplier either from the buyer's own funds or from the funds of his bank. A letter of credit is an order from the buyer's bank to the supplier's bank to pay the supplier for goods and services on the terms stipulated in the buyer's letter of credit application against the relevant documents provided by the supplier.

Each letter of credit has a characteristic degree of security and in its form contains an indication at the time of acceptance of the risk. Thus, it must be clear whether it is revocable or irrevocable (in the absence of an explicit indication, a letter of credit is considered, according to the Civil Code of the Russian Federation, revocable).

A revocable letter of credit can be modified or canceled at any time by the issuing bank. An irrevocable letter of credit cannot be changed without the consent of the beneficiary. Obviously, for the supplier, the most reliable is an irrevocable letter of credit, which is also confirmed by the servicing bank. This means the bank's obligation in addition to the bank's obligation to pay, that is, a guarantee regardless of whether the issuing bank can provide reimbursement. In addition, letters of credit can be opened in two types: covered and uncovered.

A covered letter of credit (deposited) corresponds to the preliminary presentation at the disposal of the correspondent bank of coverage in the amount of the letter of credit for the duration of the obligations. In this case, depositing funds is also possible through a loan from the buyer from his bank. Please note that it is not possible to issue a letter of credit partially at the expense of one’s own funds and partially at the expense of a bank loan.

Now let's look at such monetary transactions as collection (collection operations). They mean banking operations in which the bank undertakes an obligation to receive money on behalf and at the expense of the client and (or) acceptance of payment from a third party based on documents submitted for collection. The main types of collection operations are simple (pure) collection and documentary (commercial). In the first case, the bank undertakes to receive money from a third party on the basis of a payment request not accompanied by commercial documents, and in the second, the bank must present commercial documents received from its client. Commercial documents include invoices, shipping and insurance documents, title deeds, and any other non-financial documents.

Conclusion

At the end of this work, the following conclusions can be drawn.

Organization of cash payments using non-cash money is much preferable to cash payments, since in the first case significant savings on distribution costs are achieved. The widespread use of non-cash payments is facilitated by an extensive network of banks, as well as the state’s interest in their development, both for the above reason and for the purpose of studying and regulating macroeconomic processes.

Non-cash payments are cash payments by making entries in bank accounts, when money is debited from the payer's account and credited to the recipient's account. 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 forms and methods of payments and related document flow.

The principles and forms of organizing payments, payment instruments, payment methods and the risks arising during their implementation are separate elements of the payment system. The advantage of a particular payment system lies primarily in how quickly, reliably and economically settlements and payments are made.

The main form of payments in the Russian Federation is currently credit transfers using payment orders. Their use can be associated with both commodity and non-commodity operations.

Significant elements of the bill are the form, the unconditional nature of the requirements, the accuracy of the amount, place and time of payment. In general, you should be extremely careful about the entire set of bill details.

Enterprises must be able to widely use the various capabilities of bills of exchange (discounting, issuing loans, premiums for collection) and adapt them for financial management purposes.

The means that determine the development of the enterprise's cash settlement system include settlements by checks, letters of credit and collection. In many cases, they can be more effective than paying in advance.

A working computer system “client - bank” allows you to create, modify and use databases generated on the basis of payment documents, and communication channels to speed up operations and improve banking services.

To succeed in business, managers of both banks and enterprises must understand and take into account all the benefits and costs of implementing automated payment systems.

Leeterature

1. “Regulations on non-cash payments in the Russian Federation” // Economist.

2. Berezina M.P. “Issues of the theory of non-cash payments”//Banking.

3. Berezina M.P. “The payment system of Russia and the principles of its organization” // Finance.

4. Berezina M.P. “Problems of organizing non-cash payments” //Finance.

5. Bulatov M.A. “Improving non-cash payments” // Accounting and banks.

6. Vlasova S. “Banking services during the crisis”

7. “Money. Credit. Banks" edited by O.I. Lavrushin.

8. Ivasenko A.G. “Non-cash payments: essence, problems, development prospects.”

9. Kosoy A.M. “Principles of non-cash payments”//Money and credit. “Cash payments in business activities.”

10. General Theory of Money and Credit,” edited by E.F. Zhukova.

Posted on Allbest.ru

Similar documents

    Cashless payments. Principles of non-cash payments in the Russian Federation. Forms of non-cash payments. Payment order. Letter of credit form of payment. Settlements for collection, checks, bills. Payments using bank cards.

    test, added 11/06/2007

    Legal basis of non-cash payments. Types of settlement documents. Responsibility of the bank client. Principles of non-cash payments. Organization of non-cash payments using checks, letters of credit, collections and payment requests. Prospects for the settlement system.

    course work, added 01/17/2013

    The main forms of non-cash payments used in banks. The concept of non-cash payments, their features and significance. Non-cash payments by payment requests, orders, letters of credit, checks, bills of exchange, bank plastic cards.

    course work, added 06/16/2010

    The concept of non-cash money circulation and its role in the economy. Principles and forms of organizing non-cash payments. Settlements by payment orders, checks, letters of credit and collection. Problems and prospects for the development of a non-cash payment system.

    course work, added 03/25/2011

    General principles, functions and key principles of organizing non-cash payments. The procedure for settlements by payment orders and demands-orders. Non-cash payments under letters of credit and collection. Features of settlements using bills of exchange and plastic cards.

    course work, added 10/21/2011

    Debiting funds from an account, choosing a form of non-cash payments, settlement documents used when making non-cash payments. Settlements by payment orders, under letters of credit; procedure for working with letters of credit at the issuing bank.

    abstract, added 01/17/2010

    Study of the nature of non-cash payments and their role in the activities of the enterprise. Types, forms and procedures for non-cash payments. Debiting funds from the bank accounts of payers and crediting funds to the bank accounts of recipients.

    course work, added 07/10/2014

    Principles of settlements using letters of credit. Payment scheme using documentary letters of credit in cash against goods supplies. Settlement with acceptance of bills. Formulation of the letter of credit payment form. Promissory notes and negotiable bills, forfaiting and factoring operations.

    abstract, added 03/31/2011

    Non-cash payments as a means of securing monetary obligations. Analysis of the non-cash market in the Russian Federation. Development and improvement of the non-cash payment system in modern conditions. Features of electronic payment systems.

    course work, added 06/08/2010

    Non-cash payments: essence, meaning, forms. The essence and forms of non-cash payments. Payment documents, their types, basic details and procedure for registration. Synthetic and analytical accounting of funds in other bank accounts. Translations are on the way.

Money is the main financial instrument through which all economic transactions are carried out both within individual organizations and the state as a whole. Money circulation occurs using cash and non-cash payments. Cash and payments are made using banknotes and coins. The non-cash payment system involves the use of bank accounts, that is, deposits, which account for about 70 percent of all financial transactions.

The main non-cash payments underlie all financial transactions related to the transfer of funds from the organization’s account to other accounts. have their undeniable advantages. These are, first of all, speed, reliability, lack of risk and low cost of these operations. The instruments are payment and settlement. Payment refers to the act of transferring money to pay off obligations. Calculation is the action itself, the consequence of which is monetary settlement. The difference between these concepts is significant. Payment can be made using cash and non-cash funds, as well as through mutual offsets. This is the process of crediting funds from an organization's bank account to other accounts. At the same time, several may take part in the operation and have their own obligations to clients in ensuring non-cash payments. This is the fastest and most efficient transfer process.

All banks and their branches, as well as others participating in providing non-cash payments, constitute the payment and settlement system. Thanks to it, the principles of non-cash payments are preserved and transactions occur quickly and in a timely manner.

The principles of organizing non-cash money circulation are mandatory for all participants in financial transactions. Only then can we guarantee the coordinated operation of the entire financial system, not only of a particular region, but of the entire country.

The main principles of organizing non-cash payments are divided into five points:

  1. All non-cash payments must be carried out in accordance with existing legislation and legal regulations. The legality of the transactions cannot be violated. The rules for conducting banking activities and non-cash payments must also be taken into account.
  2. The right to choose any form of payment. The client has the opportunity to establish and apply the system of accounts and settlements that he considers acceptable in a given situation. To carry out non-cash payments, each participant in the transaction must have an account or system of accounts with a credit institution.
  3. The urgency of settlements is a priority in conducting a financial transaction. These deadlines are established by legislation and rules for conducting non-cash banking transactions.
  4. All operations carried out with the client’s accounts are performed only with his consent. Only the account owner decides on the advisability of making a non-cash payment.
  5. Only its owner has the right to manage the money in the account. These are the client’s personal funds, which he distributes at his own discretion.

The principles of organizing non-cash payments are considered mandatory for all participants in financial transactions. Banks and credit organizations are the link and instrument that provides non-cash payments. They ensure that all existing principles for organizing non-cash payments are observed in accordance with the legislative framework and rules for conducting banking operations. At the same time, credit institutions themselves are responsible for the timely conduct of financial transactions.

Non-cash money circulation is expressed in non-cash payments.

Non-cash payments are payments made through document circulation in the form of material circulation of written documents and electronic means.

The legal framework currently regulating general approaches to organizing non-cash payments in the Russian Federation is:

Civil Code of the Russian Federation (Part 2) dated January 26, 1996 No. 14-FZ;

Federal Law of the Russian Federation of December 2, 1990 (as amended on July 8, 1999) “On Banks and Banking Activities” No. 395-1;

Federal Law of the Russian Federation dated July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)” No. 86-FZ.

Regulations of the Central Bank of the Russian Federation dated October 3, 2002 No. 2-P. “On non-cash payments in the Russian Federation”;

The organizer of non-cash payments in the Russian Federation, the methodological center for the development of rules, forms and terms of payments, standards of payment documents is the Central Bank of the Russian Federation. The Bank of Russia is the body coordinating, regulating and licensing the organization of settlement, including clearing systems in the Russian Federation. Through its institutions, it carries out settlements between credit institutions and is generally responsible for the efficient and uninterrupted functioning of the domestic settlement system. Commercial banks are directly involved in settlement operations (9, p. 135).

The main document of the Bank of Russia is Regulation No. 2-P dated October 3, 2002 “On non-cash payments in the Russian Federation”, which regulates the implementation of non-cash payments between legal entities in the currency of the Russian Federation and on its territory in the forms provided for by law, determines the formats, the procedure for filling and registration of the used settlement documents, and also establishes the rules for conducting settlement transactions on correspondent accounts (sub-accounts) of credit operations (branches), including those opened with the Bank of Russia, and inter-branch settlement accounts (8).

Non-cash payments are carried out through credit institutions (branches) and/or the Bank of Russia on accounts opened on the basis of a bank account agreement or a correspondent account (sub-account) agreement (hereinafter referred to as the account), unless otherwise established by law and not stipulated by the form of payment used.

Settlement transactions for transferring funds through credit institutions (branches) 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 carrying out settlement operations;

Interbranch settlement accounts opened within one credit institution.

Debiting funds from the account is carried out on the basis of settlement documents drawn up in accordance with the requirements of these Regulations, within the limits of funds available in the account, unless otherwise provided in agreements concluded between the Bank of Russia or credit institutions and their clients.

If there are insufficient funds in the account to satisfy all requirements presented to it, funds are written off as they are received in the order established by law:

First of all, write-offs are carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the collection of alimony;

Secondly, write-offs are made according to executive documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working under an employment contract, including under a contract, payment of remuneration under an author's agreement;

In the third place, write-offs are made for payment documents providing for the transfer or issuance of funds for settlements, for wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and the State Employment Fund RF;

In the fourth turn, write-offs are made on payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the third turn;

Fifthly, write-offs are made according to executive documents providing for the satisfaction of other monetary claims;

In the sixth place, payment documents are written off in calendar order (18, p. 129).

Debiting funds from the account for claims related to one queue is carried out in the calendar order of receipt of documents.

Restriction of the account owner's rights to dispose of the funds on it is not permitted, except in cases provided for by law.

The Central Bank of the Russian Federation, as the main regulatory body of the payment system, is charged with establishing rules, deadlines and standards for making payments in compliance with the following principles of their organization.

The first principle - the legal regime for settlements and payments, is determined by the role of the payment system as the main element of any modern society. Market turnover is essentially a set of various obligations related to the performance of certain obligations by a specific debtor in favor of the creditor. The fulfillment of obligations by enterprises, individuals, and the state is ensured thanks to the payment system.

The second principle is the implementation of settlements on bank accounts. The presence of the latter by both the recipient and the payer is a necessary prerequisite for settlements.

For settlement services, a bank account agreement is concluded between the bank and the client. Clients have the right to open the number of settlement, deposit and other accounts they need in any currency in banks with their consent. To conduct settlements among themselves, credit organizations open correspondent accounts - with each other (correspondent account agreement) and, without fail, with Bank of Russia institutions (bank settlement service agreement).

Payments from accounts must be made by banks on the orders of their owners in the order of priority of payments established by them and within the limits of the balance in the account. The main requirement in this case made by the bank to the market entity - the settlement participant - is that the latter makes payments within the limits of the available account balance (10, p. 106).

The third principle is maintaining liquidity at a level that ensures uninterrupted payments. Compliance with this principle is a necessary condition for the timely fulfillment of debt obligations. Security of payment presupposes, in order to comply with the urgency of payment, the presence of the payer or his guarantor of liquid funds that can be used to pay off obligations to the recipient of funds. Depending on the nature of liquid funds, one should distinguish between operational and future security of payment. Operational security is determined by the presence of the payer or his guarantor with a sufficient amount of first-class liquid funds for payment (cash of a long-term, medium-term and short-term nature, as well as a form of their organization that guarantees timely repayment of the obligation).

Prospective security of payments involves assessing solvency and creditworthiness at the stage of establishing economic relations (providing information on solvency, creditworthiness of payers) (12, P. 250).

The fourth principle is the presence of the payer’s acceptance (consent) to the payment.

This allows the buyer company to control the supplier’s compliance with the basic terms of the contract, violation of which may cause a complete or partial refusal of payment (acceptance).

The mechanism for implementing this principle is either the use of an appropriate payment instrument (check, promissory note, payment order), indicating the owner’s order to write off funds, or special acceptance of documents issued by recipients of funds (payment requests, orders, bills of exchange).

At the same time, the legislation provides for cases of indisputable (without the consent of payers) write-off of funds - on the basis of writs of execution issued by courts for the collection of tax arrears, some fines by order of collectors, etc., as well as direct write-off for heat and electricity, utilities and others services.

This principle is also aimed at establishing the economic independence of all market entities (regardless of the form of ownership) in the organization of contractual and settlement relations and at increasing their financial responsibility for the effectiveness of these relations. The bank plays the role of intermediary in payments. There is a visible tendency towards the payer becoming the main subject of the payment transaction, since in all forms of non-cash payments the initiative of payment belongs to the payer. This circumstance corresponds to market relations in the country's economy.

The fifth principle - urgency of payment - follows from the very essence of a market economy, an integral condition of which is the timely and full fulfillment of payment obligations.

This principle applies not only to the period of payment of bills for goods and services, but also to the time of settlement transactions by banks.

The meaning of this principle lies in the fact that continuously spent funds for the production of goods and provision of services must be reimbursed through payments from buyers within the time limits stipulated by contracts. Failures to meet payment deadlines lead to a disruption in the circulation of funds and, ultimately, to a payment crisis.

The sixth principle is control of all participants over the correctness of calculations and compliance with the established provisions on the procedure for their implementation. In particular, banks, acting as intermediaries between sellers and buyers, and tax authorities, monitor their compliance with established payment rules.

The seventh principle is closely related to the principle of mutual control of settlement participants - their property liability for non-compliance with contractual terms.

The essence of this principle is that violations of contractual obligations regarding settlements entail the application of civil liability in the form of compensation for losses, payment of a penalty (fine, penalty), as well as other measures of liability. In connection with the introduction of market principles into the Russian economy, perhaps in no other area of ​​economic relations, with the exception of taxation, have so many laws and regulations been adopted as in the area of ​​settlement relationships.

Summing up the results of the first chapter, we can draw conclusions: all principles of organizing a non-cash payment system are closely related and interdependent. Violation of one of them leads to disruption of the others, which leads to failures in the functioning of the entire system. Compliance with the principles together allows us to ensure that the settlement and payment systems meet the requirements: timeliness, reliability, efficiency. The main organizer of non-cash payments between various economic entities is the banking system. It acts as the starting point for the circulation of cash and the bulk of non-cash payments, and the creation of means of payment is the most important function of the banking system.

Non-cash payment circulation in the country is organized on the basis of certain principles. Compliance with the principles of the totality allows us to ensure that calculations meet the requirements: timeliness, reliability, efficiency.

The main legislative sources for regulating settlements include: the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), the Civil Procedure Code, the Arbitration Procedural Code of the Russian Federation.

Special legislative and by-laws include: Federal Law dated July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” (hereinafter referred to as the Law on the Bank of Russia), Federal Law dated December 2, 1990 No. 395-1 “On Banks” and banking activities”, the regulation on checks, approved by the resolution of the Central Executive Committee and the Council of People's Commissars of the USSR from Ob. 11.1929, regulations on bills of exchange and promissory notes, approved by the resolution of the Central Executive Committee and the Council of People's Commissars of the USSR dated 08/07/1937 No. 104/1341, Federal Law dated 03/11/1997 No. 48-FZ “On bills of exchange and promissory notes”, regulations of the Central Bank of the Russian Federation dated 10/03/2002 No. 2-P “On non-cash payments in the Russian Federation” (hereinafter referred to as the Regulations on non-cash payments).

The main regulatory body of the payment system is the Central Bank of the Russian Federation (hereinafter referred to as the Bank of Russia). According to the Law on the Bank of Russia, among its three main tasks is to ensure the effective and uninterrupted functioning of the settlement system. The Bank of Russia is entrusted with the following responsibilities: establishing rules, deadlines and standards for making settlements and the documents used for this and coordinating, regulating and licensing the organization of settlement, including clearing, systems.

The first principle of organizing non-cash payments is the legal regime for making settlements and payments. It is due to the role of the payment system as a basic element of any modern society. All civil legal relations are divided into real (section 2 of the Civil Code of the Russian Federation) and obligations (section 3.4 of the Civil Code of the Russian Federation). Market turnover is essentially a set of various obligations related to the performance of certain obligations by specific debtors in favor of creditors. The fulfillment of obligations by enterprises, individuals, and the state is ensured thanks to the payment system.

The complexity and importance of settlement relationships necessitate the establishment of uniformity through regulation. The basis for the latter is a set of laws and regulations (decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation), as well as regulatory acts; com of those government bodies entrusted with the function of regulating payments. The development of international payments in connection with the liberalization of foreign economic activity necessitates the use of relevant conventions and regulations.

The second principle is to carry out settlements primarily through bank accounts. The presence of the latter by both the recipient and the payer is a necessary prerequisite for settlements.

Non-cash payments are carried out by legal entities or individuals through the bank in which they have opened a corresponding account. For settlement services, a service agreement is concluded between the bank and the client - an independent bilateral (participants have both rights and obligations) civil law agreement. The legal registration and functioning of enterprise bank accounts is predetermined by the current procedure for creating enterprises, their legal status, as well as the Regulations on non-cash payments.

Clients have the right to open the number of settlement, deposit and other accounts they need in any currency in banks with their consent, unless otherwise provided by federal law. In practice, this leads to negative aspects.

To conduct settlements among themselves, banks and other credit institutions open correspondent accounts with each other (a correspondent account agreement is concluded) and, without fail, with the institutions of the Bank of Russia (an agreement for bank settlement services).

Maintaining liquidity at a level that ensures uninterrupted payments is the third principle. Compliance with this principle is the key to clear, unconditional fulfillment of obligations. All payers (enterprises, banks, etc.) must plan receipts and debits of funds from accounts, prudently seek missing resources (by obtaining a loan or selling assets) in order to timely fulfill debt obligations.

The fourth principle is the presence of the payer’s acceptance (consent) to the payment.

At the same time, the legislation provides for cases of indisputable (without the consent of payers) write-off of funds: arrears on taxes and other obligatory payments - on the basis of writs of execution issued by the courts, some fines on the orders of collectors, as well as unofficial write-off for heat and electric energy, utilities services and services of railway transport.

The fifth principle - urgency of payment - follows from the very essence of a market economy, an integral condition of which is the timely and full fulfillment of payment obligations. The meaning of this principle lies in the fact that continuously spent funds for the production of goods and the provision of services must be reimbursed through payments from buyers within the time limits stipulated by the concluded contracts. Failures to meet payment deadlines lead to a disruption in the circulation of funds and, ultimately, to a payment crisis.

Mandatory details of payment orders submitted to the bank are the time and order of payment; the principle of urgency refers not only to the time of payment of bills for goods and services, but also to an integral part of this period - the time banks perform services for conducting settlement transactions. In the form of the enterprise's balance sheet, accounts receivable in the assets of banks and loans in liabilities are shown divided into long-term (over one year) and short-term (up to one year).

The sixth principle - control of all participants over the correctness of calculations, compliance with the established provisions on the procedure for their implementation, is divided into preliminary, current, subsequent, final and external. An important role in compliance with this principle is played by the establishment in accordance with Art. 1b of the Federal Law dated January 21, 1996 No. 129-FZ “On accounting - publicity of financial statements. Thus, open joint stock companies, banks and other credit organizations, insurance organizations, exchanges, investment funds and funds created at the expense of private, public and state funds (contributions) are required to publish annual financial statements no later than June 1 of the year following the reporting year.

In international practice, it is the servicing of customer accounts and commissions for additional services that bring the lion's share of income to the bank. Many Russian banks are moving to a similar operating system. Client financial management is increasingly being developed as a system for managing client cash flows, allowing for optimal financial solutions for both banks (liquidity balancing and investment diversification) and for the client (financial support for commercial activities and investment of released funds).