Artificial Bankruptcy of Credit Institutions and Illegal Withdrawal of Bank Assets Abroad
Authors: Bazhanov S V 
Published: December 2019

Since the early 1990 in the Russian Federation there is a continuous outflow of capital abroad, as a result of which the assets earned by Russian businessmen, instead of investing in the domestic economy, go to support the civilized existence of «developed» bourgeois countries. For these purposes, the developed organizational and regulatory legal infrastructure is used. The bulk of fictitious operations and non- return of funds is carried out through a network of «laundering» banks, offshore companies and «one-day firms». Stable, highly professional organized transnational groups have been formed, including notaries, consulting companies, credit organizations, trust funds specializing in the withdrawal of capital and its placement in offshore zones or in countries with which the Russian Federation has concluded treaties in order to avoid double taxation. Methods of capital withdrawal are diverse, demand for them is provided by a developed infrastructure, legal and illegal mechanisms are closely intertwined, which complicates their timely detection and suppression.The Bank of Russia is doing a great job of neutralizing the shadow money flows of brokers and microfinance organizations (MFI), as well as transit operations used to withdraw assets abroad, in the context of which about 300 banks operating on the domestic market lost their licenses, although they are involved in the transactions described not only credit organizations, but also other subjects of financial legal relations, related, including with the circulation of securities.In the light of the above, the problem of improving the regulatory legal regulation and departmental (bank), as well as prosecutorial supervision over the execution of laws by the subjects of the credit and banking sector of the economy, including credit and non-credit financial organizations (NFO), taking into account the nature, scope and specificity of their activities, is actualized. An analysis of the current situation shows that the majority of used, constantly modifiable schemes for the withdrawal of bank assets abroad, the transfer of cashless cash into cash is preceded by multi-way payment chains for accounts of all kinds of Russian organizations. In this case, the transit companies involved in them do not, as a rule, carry out real financial and economic activities. Taxes and other mandatory payments are paid by them on a minimal scale or are not paid at all, and the operations conducted do not have a visible economic meaning.The management of the Bank of Russia regularly monitors the banking sector of the economy in order to track them in time and take appropriate preventive measures. Attention of credit institutions is drawn to transit operations with the isolation of inherent characteristics, for which purpose the regulator prepared, in particular, Letter No. 236-T of December 31, 2014 «On increasing the attention of credit institutions to individual customer transactions».This article examines the factors associated with the illegal withdrawal of bank assets abroad, including the artificial bankruptcy of credit institutions, complicated by the current state of the institution of bank secrecy.