General provisions about calculations. As noted earlier, settlement obligations mediate payments for transferred property (work performed, services) or for other reasons. Their

the goal is to properly formalize the transfer of money from the hands of the debtor to the hands of the creditor. Payments are divided into non-cash (through a credit institution) and cash, when the debtor hands the creditor money in “natural” form (bank and treasury notes, coins). The method of payment depends on the status of the subject of the settlement relationship and the basis on which the payment is made. Settlements involving citizens that are not related to their business activities can be made in cash without limiting the amount or by bank transfer. On the contrary, calculations between legal entities, as well as payments by citizens - private entrepreneurs are traditionally carried out in a non-cash manner. Cash payments are allowed within the limits specified by law1.

Non-cash payments are carried out in accordance with federal laws, banking regulations issued in pursuance of laws and business customs applied in banking practice. By virtue of Art. 80 of the Law on the Bank of Russia, the latter establishes the rules, forms, terms and standards for non-cash payments. Moreover, all of the above rules of the Bank of Russia cannot contradict the rules of the Civil Code and other federal laws about calculations. First of all, the legislation determines the forms non-cash payments. Form of payment - a type of obligation of the client and the bank serving him to fulfill (receive) non-cash payment. The Civil Code contains a list of the most important forms of payments (Article 862). These include payments by payment orders, letters of credit, collections and payments by checks. At the same time, other forms of settlements provided for by law, banking rules and business customs are also allowed. Based on the principles of freedom of contract and autonomy of will, the parties have the right to choose any of the specified forms of settlement.

Non-cash payments occur through banks (other credit organizations), in which clients have opened current bank accounts. In banking practice, settlements are usually divided into local and intercity, as well as settlements carried out within one entity Russian Federation or two or more subjects. The banks themselves serving sellers (contractors, performers

In accordance with the Decree of the Government of the Russian Federation of November 17, 1994 No. 1258 (SZ RF. 1994. No. 31. Art. 3276) established size limit cash payments between legal entities. It is worth noting that it amounts to two million rubles. By Letter of the Bank of Russia dated September 18, 1995 No. 191, the limit for cash payments in the consumer cooperation system for the purchase of goods is set at five million rubles // Economics and Life. 1995. No. 40.

etc.) and buyers (customers, other payers) and those carrying out their instructions are in direct correspondent relationships or use the services of cash settlement centers of the Bank of Russia. In some cases, non-cash payments can be made even if the party to the settlement legal relationship does not have a bank account. Based on all of the above, we come to the conclusion that settlement obligations usually involve: a) the payer; b) payer bank (issuing bank, collecting bank);

c) the recipient and d) the recipient's bank (remitting bank, executing bank) Except for the above, depending on the specific form of settlement, other persons may also participate in the relationship, primarily banks with special functions (guarantors, etc.) When ϶ Thus, each participant in settlement obligations carries out transactions aimed at transferring or receiving funds: the payer instructs his bank to make payment in the form established by the agreement, the payer’s bank transfers funds or issues a letter of credit, the recipient’s bank credits funds or fulfills the terms of the letter of credit, the recipient of funds transfers documents to the bank for crediting funds from the letter of credit, etc.

Forms of settlements should be distinguished from settlement documents. The latter may have the same name as the current form of payment (for example, payment order, letter of credit, check), but they perform accounting, accounting and information functions.
It is worth noting that settlements begin with the preparation of settlement documents and their transfer to the bank. Any settlement document must be based on accepted standards and contain: a) the name of the document; b) document number and date of issue; c) number and code of the payer’s bank and usually its corporate designation; d) name of the payer, his an identification number and his bank account number; e) the name of the recipient of funds, his identification number and his bank account number; f) name of the recipient's bank (not indicated on the check), number and code of the recipient's bank; g) purpose of payment (not indicated on the receipt); h) the amount of payment in figures and words. The first copy of the payment document bears the signature of the heads of the legal entity (citizen-entrepreneur) and the seal of the legal entity.

There is a legal deadline for making any non-cash payments: it is two business days within one subject of the Russian Federation and five operating days within the various subjects of the Federation (Article 80 of the Law on the Bank of Russia) It is appropriate to note that the operating day will be the one that ends at the moment of termination of ongoing transactions with clients in the bank (Clause 1 of Article 194 of the Civil Code) When ϶ᴛᴏm documents, accepted by the bank from clients during operating hours, are carried out by them according to the balance sheet on the same day. Calculation of the indicated

The timing period begins from the moment funds are written off from the payer’s bank account (ϲᴏᴏᴛʙᴇᴛϲᴛʙthe corresponding correspondent account of the payer’s bank) and ends at the moment of crediting to the recipient’s account (to the correspondent account of the recipient’s bank)

Settlements by payment orders. By the way, this form of payment has the greatest specific gravity in modern monetary circulation in Russia1. The term is also used as its conventional name bank transfer(then the payer is called the transferor) When making payments by payment order, the bank undertakes, on the payer’s instructions, at the expense of the funds in his account, to transfer a certain amount of money to the account of the person specified by the payer in the same bank or in another bank within the period provided for by law or established in the law it, unless a shorter period is provided for in the bank account agreement or is not determined by the business customs used in banking practice (Article 863 of the Civil Code). From the above definition, the signs of a bank transfer follow:

a) the transfer is carried out at the expense of the payer. Transfer of funds if they are not in the payer’s account can be executed by the bank only in the order of crediting the account (Article 850 of the Civil Code);

b) the transfer is carried out by the bank to the account indicated by the payer in the same bank or another bank;

c) the transfer is carried out within the period established by law or in ϲᴏᴏᴛʙᴇᴛϲᴛʙand with it (two and five business days). In this case, the parties to the bank account agreement have the right to set a shorter period for the execution of the transfer. A similar reduction in the period may be based on business customs used in banking practice. In contrast to previously existing rules on settlements by payment orders (for example, clause 3.1 It is worth mentioning - provisions on settlements), modern rules also apply to relations related to the transfer of funds through a bank person who does not have an account in this bank, unless otherwise provided by law , banking rules and does not follow from the essence of these relations.

The content of the payment order and the payment documents submitted along with it must comply with the requirements of the law and banking regulations. It is worth saying that in order to transfer funds, the payer submits an order to the bank on a prescribed form. The order will be valid for ten days from the date of discharge, and the day of discharge is not taken into account. Highlighting-

It is enough to note that the rules of the Civil Code on the supply agreement directly establish the use of payment orders in all cases where the parties have not agreed on the use of other forms of payment (Article 516)

There are also urgent, early and deferred orders. Urgent transfers are made for the purpose of advance payment (before shipment of goods), as well as after shipment of goods and as partial payments upon major transactions. Early and deferred payments are made by agreement of the parties (clause 3.6 It is worth mentioning - provisions on settlements) and represent a form commercial lending. Except for the above, payment orders are used for constant and uniform supplies of goods, when they accept input of scheduled payments, which are specifically provided for by the parties to the contract.

The law is based on the active role of the bank when making a transfer, which has the right to clarify the contents of the payment order if it does not meet the above requirements. The bank's request to the payer is made immediately after receipt of the document. When a response is not received within the time limits established by law or banking rules, or in their absence within a reasonable time, the bank has the right (but is not obligated) not to execute the order and return it to the payer, unless otherwise provided by law, banking rules or bank account agreement (Article 864 Civil Code) In this case, the period required for the passage of postal and telegraph correspondence or other information carriers from the bank to the client and back should be considered reasonable.

Execution of the order consists of transfer by the bank sum of money from the payer's account to the recipient's account through his bank. It is precisely this obligation that is assigned to the payer’s bank, which accepted the order for execution, within the time limits provided for by law, banking rules, business customs or bank account agreement. Typically, the transfer involves the payer's bank and the recipient's bank. In this case, the payer’s bank has the right to attract other banks to perform the operation of transferring funds to the account specified in the client’s order. This need may be due to the lack of correspondent relations between the payer’s bank and the recipient’s bank. The bank is entrusted with the obligation to inform the payer at his request about the execution of the order. In this case, the bank issues a notice of execution of the client’s order. The moment of execution of the payer’s order will be the day the funds are credited to the correspondent account of the recipient’s bank, which is obliged in accordance with Art. 849 of the Civil Code, credit the funds received to his client to the account of the latter no later than the day following the day the payment document was received by the bank.

For non-execution or improper execution of the client’s order for a transfer, the bank bears full property liability for

general rules established for commercial organizations. Except for the above, if a violation of the payment rules resulted in the unlawful withholding of funds, the bank pays interest in the manner and in the amount established for monetary obligations in Art. 395 Civil Code. The specificity of liability in modern settlement obligations, including settlements by payment orders, is essentially that the Civil Code allows the court to directly impose liability on a third party - a bank that was attracted by the payer's bank to transfer money, but did not execute or improperly executed the order (p 2 Article 866 of the Civil Code) Based on all of the above, we come to the conclusion that property liability ipso iure applies to a bank that is not in a contractual relationship with the payer (transferr) By the way, this measure is aimed at simplifying civil proceedings and allows us to resolve the issue about liability within one process, without resorting to filing a recourse claim. It should be noted that it is the court, and not the payer (client), that has the right to consider the issue of holding a bank liable for failure to fulfill the order.

Settlements under a letter of credit. The meaning of a letter of credit as a form of payment is that the seller receives firm guarantees of payment, and the buyer receives full rights to the shipped goods1. This is possible when money is transferred by the payer only if its counterparty fulfills certain conditions, which creates the advantages that the seller has, having agreed with the buyer on a letter of credit form of payment.
It is worth noting that this form is especially common in international trade, in particular when exporting goods. Therefore, a letter of credit is often considered not only as a form of payment, but also as a form of security for payment for goods (work, services). Its convenience essentially lies in the fact that the seller can receive funds from the letter of credit already at the time of submitting to the bank a set of documents evidencing on the shipment of goods, and the buyer - to enter into the rights of the owner of the goods from the moment of receipt of these documents (hence the name - “documentary letter of credit”)

Today, Russian standards for settlements under letters of credit reflect the global practice of handling these payment documents and, first of all, the Unified Rules and Customs for Documents

Note that the term “letter of credit” comes from the German akkreditiv - authority to take any action, as well as the English equivalent letter of credit. The concept of “letter of credit” covers both the payment document itself and the letter of credit obligation. Letter of credit terminology can usually use the definitions from the sales contract, although this form of payment can accommodate other types of transactions.

package letters of credit (International Chamber of Commerce Publication No. 500, as amended in 1993, hereinafter referred to as the Uniform Rules) When making payments under a letter of credit, the bank acting on the instructions of the payer to open the letter of credit and in its direction (the issuing bank) undertakes to make payments to the recipient of the funds or pay, accept or honor a bill of exchange or authorize another bank (executing bank) to make payments to the recipient of funds or pay, accept or honor a bill of exchange (Article 867 of the Civil Code) The above definition is largely based on the text of the Uniform Rules, which allows us to highlight the following Features of a letter of credit:

a) the letter of credit will be monetary obligation, the execution of which usually occurs under the condition of providing the documents specified in the letter of credit;

b) the letter of credit will be a transaction separate from the agreement, which provides for the letter of credit form of payment, and the bank does not participate in the execution of this agreement;

c) the bank makes a payment under the letter of credit on its own behalf, but on behalf of its client;

d) the bank makes payment under the letter of credit at the expense of own funds or client funds;

e) issuance of a letter of credit and payment from a letter of credit generate a single chain of transactions between various participants in credit and settlement relations. In a letter of credit, there are traditionally four participants: the payer (buyer or applicant of the letter of credit), the payer's bank (issuing bank), the recipient's bank (executing bank) and the recipient of funds (seller or other beneficiary). Schematically, the relationship between the participants in letter of credit payments includes four stages. The first stage is the payer’s order to the issuing bank to open (issue) a letter of credit with payment instructions. The second stage consists of transferring authority to make payments from the issuing bank to the executing bank (recipient's bank). The third stage is the presentation by the seller (beneficiary) of the documents specified in the letter of credit and indicating the shipment of the goods. The last stage is the execution of a payment by the executing bank against the documents accepted by it. In certain cases, settlements between the seller and the buyer can be localized in one bank (for example, if there are accounts in it for both parties to the agreement). Then the rules on the executing bank (Article 867 of the Civil Code), and there is no second stage of settlements under the letter of credit.

Payment under a letter of credit can be made in two ways:

money and bills. The bill of exchange method of payment includes payment by the bank of a bill of exchange presented by the beneficiary, acceptance by the bank of such a bill (unconditional agreement to pay it) with subsequent payment or discounting of the bill in favor of the beneficiary*. International banking practice has developed various types of letters of credit, differing in the source of financing for this form of payment and the rights of participants in the obligations. The most important division of letters of credit into revocable and irrevocable will be. The fate of a revocable letter of credit depends on the will of the issuing bank and the payer. Such a letter of credit may be amended or canceled without prior notice to the recipient of the funds. In this case, the revocation itself does not give rise to any obligations of the issuing bank to the beneficiary. The obligation of the nominated bank to make payment under a revocable letter of credit exists until it receives notification of the amendment or cancellation of the letter of credit. The Civil Code, in contrast to the Unified Rules, proceeds from the tacit assumption of the revocable nature of any letter of credit, unless its text expressly states otherwise. In contrast, an irrevocable letter of credit cannot be modified without the consent of the recipient of the funds. An irrevocable letter of credit may acquire the character of a confirmed letter of credit. It is worth saying that for this purpose the executing bank participating in the letter of credit transaction assumes the obligation, in addition to the obligation of the issuing bank, to make a payment to the beneficiary in accordance with the terms of the letter of credit. Thus, along with the payment obligation of the issuing bank, an additional firm obligation of the executing bank arises, which creates the effect of double security of payment for the beneficiary. In this case, a confirmed irrevocable letter of credit becomes dependent not only on the discretion of the recipient of funds, but also on his bank: it cannot be changed or canceled without the consent of the latter (clause 2 of Article 869 of the Civil Code)

There are also covered (deposited) and uncovered (guaranteed) letters of credit. A covered letter of credit creates the obligation of the issuing bank to transfer the amount of the letter of credit (coverage) at the expense of the payer or to provide the latter with credit by transferring funds to the disposal of the executing bank. An uncovered letter of credit is based on the right of the nominated bank to debit the entire amount of the letter of credit from the correspondent account of the issuing bank. In

The so-called “discounting” of bills of exchange is taken into account - an operation consisting in the bank purchasing a bill of exchange at a price lower than the bill amount (at a discount, discount) for the purpose of subsequently presenting the bill of exchange for payment and receiving income in the form of the difference between the amount of the bill of exchange and the purchase price.

in foreign trade relations, so-called transferable letters of credit are used (Article 48 of the Uniform Rules) This is a letter of credit in which the first beneficiary has the right to instruct the issuing bank to transfer all or part of the rights under the letter of credit to another person (second beneficiary) Usually transferable The letter of credit can only be transferred once. It should be distinguished from the assignment of proceeds (payment) under a letter of credit, when it is not the beneficiary’s rights that are transferred to a third party, but the cash.

The letter of credit form of payment must be provided for in the agreement between the payer (buyer) and the recipient of funds (seller), which indicates the name of the issuing bank, the type of letter of credit and payment scheme, the method of notifying the seller about the opening of a letter of credit, full list and the exact characteristics of the documents submitted by the seller to receive funds under the letter of credit, the deadline for submitting documents after shipment of the goods, as well as other conditions agreed upon by the parties (clause 5.7 It is worth mentioning - settlement provisions) It is worth saying that in order to open a letter of credit, the payer submits an application to the issuing bank in the established form, indicating the number of the agreement under which the letter of credit is issued, the validity period of the letter of credit, the name of the beneficiary and the executing bank, the place of execution of the letter of credit, the list of documents against which payment is made, the type of letter of credit, its amount, etc. All costs associated with the execution of the letter of credit , are reimbursed by the payer (preliminary expenses of the seller’s bank are reimbursed by the issuing bank) After this, the third and fourth stages of development of the letter of credit begin. It is worth saying that in order to implement the order of the issuing bank, a separate “Letters of Credit” account is opened in the executing bank. Then the recipient of the funds submits to the nominated bank documents confirming the fulfillment of all the conditions of the letter of credit. These usually include a commercial invoice (“invoice”) for goods, documents of title (bill of lading, invoice), transport and insurance documents. The seller's bank verifies the latter's compliance with all provisions of the letter of credit, signatures and seals of the seller and other conditions. If at least one of these conditions is violated, the letter of credit will not be executed. If the payer's instructions are completely identical to the submitted documents, the bank makes a payment to the beneficiary. At the same time, banks carrying out the buyer’s instructions should not carry out a detailed examination of the received documents. It is worth noting that they check exclusively their external compliance with the terms of the letter of credit, as well as the requirements usually imposed on documents of this type (bills of lading, insurance policies, commercial invoices, etc.) Sometimes used

such a letter of credit, payment under which is made only with the consent (acceptance) of the person authorized by the payer.

If the executing bank refuses to accept documents that, by external appearance, do not comply with the terms of the letter of credit, it is obliged to immediately inform the recipient of the funds and the issuing bank about this, indicating the reasons for the refusal. In such a situation, the payer or his bank may give special instructions to the executing bank to make payment against documents that do not fully comply with the terms of the letter of credit. Moreover, if the payment is made, and subsequently the issuing bank determines that the accepted documents do not externally comply with the terms of the letter of credit, it itself has the right to refuse to accept them. All adverse consequences of such a refusal fall on the executing bank, which is obliged to compensate the issuing bank for the amount paid to the beneficiary in violation of the terms of the letter of credit. When paying for an uncovered letter of credit, the issuing bank has the right to generally refuse to reimburse the executing bank for the amounts spent (Article 871 of the Civil Code)

In certain cases, the letter of credit may be closed at the nominated bank. The reasons for closure will be the expiration of the letter of credit, the beneficiary’s request to refuse to use the letter of credit before its expiration (if such a refusal is provided for in the text of the letter of credit), or the payer’s request under a revocable letter of credit for its full or partial cancellation. The beneficiary's bank notifies the payer's bank of the closure of the letter of credit. After the letter of credit is closed, the amount deposited with the nominated bank is immediately returned to the issuing bank, and the latter credits it to the payer's account.

The principles of bank liability for violation of the terms of a letter of credit are based on the scheme of a letter of credit obligation. The issuing bank bears property liability to the payer, and the executing bank bears property liability to the issuing bank. The step-by-step scheme for bringing responsibility to the guilty party has two exceptions, characteristic of settlement legal relations. First of all, if the executing bank unreasonably refuses to pay funds under a covered or confirmed letter of credit, liability to the beneficiary may be assigned not to the seller or his bank, but to the executing bank, which will not be the payer, but is bound by the order of the issuing bank. Secondly, in the event of an incorrect payment by the executing bank of funds under a deposited or guaranteed letter of credit due to a violation of the terms of the latter, direct liability to the payer (seller) can also be assigned to the executing bank (Article 872 of the Civil Code)

Payments for collection. The collection operation consists of receiving and

crediting the bank with payment for the client. It is worth noting that, in a certain sense, it is the opposite of a letter of credit, since the payer has no obligation to transfer funds in advance; they have yet to be claimed from him. Therefore, collection will provide less guarantee of payment to the seller (contractor), but is much more profitable for the payer (buyer, customer), who does not freeze their working capital and does not incur lending costs. The collection form of payment is also widely used in foreign trade relations, especially in connection with checks and bills of exchange. The standards and customs of international banking practice are embodied in the Uniform Collection Rules (International Chamber of Commerce Publication No. 322, as amended in 1978), and the latter in national legislation. In Art. 874 of the Civil Code establishes that when making collection payments, the bank (issuing bank) undertakes, on the client’s instructions, to carry out actions at the client’s expense to receive payment from the payer and (or) acceptance of payment. The signs of collection will be:

a) the client’s order to the bank to receive (collect) money from the payer or obtain consent to pay the money (acceptance of payment);

b) execution of the order at the expense of the client;

c) execution of the order by the issuing bank independently or with the help of the executing bank1. They allocate “clean collection”, i.e. receipt of payment solely on the basis of financial documents (promissory note, check, promissory note) and<яокументарное инкассо» - получение платежа на базе коммерческих документов (счетов, коносаментов, накладных и пр.) Наибольшее распространение имеет инкассо документарное.

General rules for the execution of collection orders are contained in Art. 875-876 GK. The issuing bank, having received documents from the client, begins the collection procedure itself or sends them to the executing bank. In the absence of any document or in the absence of a document based on external features of the collection order, the executing bank notifies the issuing bank or the client (seller) about it. If the specified defects are not eliminated within the period established by law, banking rules or agreement, then the executing bank leaves These documents are not executed. All documents are presented by the executing bank to the payer for payment (acceptance) in the form in which they were received. At the same time, banks participating

Note that the terminology used in the Civil Code differs from the terminology of the Uniform Rules. The Civil Code refers to the bank of the recipient of funds (the seller's bank) as the “issuing bank”, and the Uniform Rules as the “receiving bank” (i.e., the bank receiving money for collection). The executing bank is called the “collecting bank” in the rules.

Those involved in collection have the right to put on them bank marks, endorsements or other designations usually used in banking practice.

The deadline for payment of documents can be twofold: upon presentation or on time. If documents are payable upon sight, the executing bank must make presentation for payment immediately upon receipt of the collection order. If documents are due for payment within a certain period of time, the executing bank acts depending on what collection operation is assigned to it. In the case when it comes to receiving payment acceptance, he is obliged to submit documents to the payer immediately upon receipt of the collection order. In turn, collection of payment must be made no later than the day of the payment deadline specified in the document. The collected amounts must immediately be transferred by the executing bank to the issuing bank, which is obliged to credit them to the client's account. The deadlines for crediting money to the client’s account are established by Art. 849 Civil Code. Partial payments can be accepted in cases where ϶ᴛᴏ is determined by banking rules, or if there is special permission in the collection order. This norm specifies the general rule of Art. 311 Civil Code. The executing bank also has the right to withhold the remuneration due to it from the amounts collected by it and reimburse expenses.

Since the execution of a collection order usually depends on the will (acceptance) of the payer, the law establishes rules for the case when payment (acceptance of payment) is not received. Refusal of payment (payment acceptance) must be motivated by the payer. The nominated bank must immediately notify the issuing bank of the reasons for non-payment or refusal of acceptance. The latter immediately informs the client about this, asking him for instructions on further actions for collection. It is worth saying that the recipient of the payment must decide how to achieve execution. It is worth noting that he can submit additional documents to the payer if the latter’s refusal is due to their defects or absence. It is worth noting that he can withdraw the payment request and seek resolution of the dispute with the jurisdictional authority. In this case, if instructions on further actions are not received within the period established by the banking rules, and in its absence within a reasonable time, the executing bank has the right to return the documents to the recipient bank of the funds (issuer)

The rules of the Civil Code on collection now cover several types of instructions for crediting payment, which have historically established names. These include settlements with payment requests-orders and settlements with payment requests.

vaniyami (including claims paid without acceptance and collection orders) They received their names from the bank documents of the same name presented to receive payment.

A payment demand-order is an offer from the seller (customer) to the buyer (payer) to pay for transferred property (work performed, services) on the basis of commercial and financial documents. Thus, the demand-order will be a type of documentary collection. It is worth noting that it is universal in nature, connecting, as the name suggests, the seller’s demand for payment with the payer’s payment order. The document itself is directly sent to the executing bank (buyer's bank). The latter transmits the request-instruction to the payer (buyer), and leaves the shipping documents in the file cabinet of the payer's account. The payer must decide within three days whether to pay or not. In case of refusal to fully or partially pay a payment request-order, the payer must notify the executing bank. In this case, the executing bank returns the documents directly to the seller. If you agree to make a payment, the necessary documents are drawn up and a collection operation is carried out.

Payment demands are close to demands-orders, but with this type of collection, the issuing bank (seller's bank) always participates in settlement obligations. Payment demands have traditionally differed according to the types of payment acceptance. Acceptance can be preliminary, when collection of funds occurs after expressing the will of the payer, and subsequent, when debiting occurs immediately upon receipt of the request by the bank, but within a certain period it is possible to refuse acceptance and return the money to the payer’s account. The last type of acceptance is no longer used. Acceptance is also divided into positive (by directly expressing consent to debiting funds from the account) and negative (tacit approval of debiting). Requirements paid without acceptance are applied under an agreement between the seller and the buyer in accordance with clause 2 of Art. 847 Civil Code and in some other cases. Collection orders (in the narrow sense in which the term was used earlier, since collection is now a general name for all types of transactions for receiving payment) are used by banks to write off funds from the payer’s account without his consent on the initiative of a number of government bodies in cases established by law.

Payments by checks. A check is a special form of payment with apparent simplicity and increased mobility. This is due to the fact that the check will be a security containing an unconditional order from the drawer to the bank to make payment of the amount specified in it

The check legislation of Russia mainly demonstrates the content of the Uniform Law on Checks (hereinafter referred to as the Uniform Law), which is Annex No. 1 to the Geneva Convention of 1931.1 The Civil Code rules adopted the main provisions of the Uniform Law with certain nuances. At the same time, the rules of the Civil Code must be specified in a special law on checks and banking rules issued in conjunction with it2.

Every check, being a security, must contain check

See: International private law. Collection of normative documents / Comp. N. Yu. Erpyleva. M., 1994. The USSR was not a party to the Geneva check conventions, but the no longer in force Russian one. It is worth saying that the regulation on checks dated February 13, 1992 generally supported them.

At present, after the entry into force of part two of the Civil Code and recognition as no longer in force, it is worth saying - the provisions on checks, approved by Resolution of the Supreme Council of the Russian Federation of February 13, 1992 No. 2349-1 (Vedomosti of the Russian Federation. 1992. No. 24. Art. 1283) , only certain previous rules on checks stamped “Russia” remain in force (for example, Letter of the Bank of Russia dated June 29, 1992 No. 18-11/726, etc.)

details: 1) the name “check” included in the text of the document; 2) an order to the payer (bank) to pay a certain amount of money; 3) name of the payer and indication of the account from which the payment should be made; 4) indication of the payment currency; 5) indication of the date and place of drawing up the check; 6) signature of the drawer (Article 878 of the Civil Code) A check is a strictly formal security, and therefore the absence of any of the specified details on it deprives it of the validity of a check. The law makes only one exception to this rule: a check that does not contain the place of its preparation is considered as signed at the location of the drawer. The form of the check and the procedure for filling it out are determined by check legislation.

The practice of check circulation has developed their various types1^ All checks can be divided into settlement checks, used in non-cash payments, and checks for receiving cash. In principle, every check is assumed to be universal (cash-non-cash) The uniform law establishes that the drawer or check holder can prohibit payment of a check in cash by placing on the front side of the check the inscription “for settlements only” (Article 39 of the Civil Code) In this case, payment of the check occurs only by account entry. Except for the above, so-called crossed out (crossed) checks have become widespread. Crossing is carried out by means of two parallel lines on the front side of the check. The purpose of crossing out is to limit the use of the check to a circle of holders when the bank does not have the right to collect the amount of the check in favor of other persons. Crossing out can be general or special. The crossing will be general if there is no designation between the two lines or there is a “bank” mark. The crossing out will be special if the name of the bank is written between the lines. General crossing can be turned into special crossing, but not vice versa. A check with general crossing can be paid by the payer only to another bank or to its client. A check with a special crossing can be paid by the payer only to the bank whose name is indicated between the lines. Based on all of the above, we come to the conclusion that a crossed out check can be accepted by the payer exclusively from another bank or one of their clients.

A check as a security can be registered, order and bearer (Article 880 of the Civil Code uses the term “transferable” check, which covers the last two of these varieties). Taking into account the dependence on this, the check is transferred. It is worth noting that it is subject to general

They will not be types of checks in the sense of Art. 877 of the Civil Code, many types of securities, the name of which erroneously includes the word “check” (for example, privatization checks, “Harvest” checks, etc.)

rules of Art. 146 of the Civil Code with the specifics that are established for Russian checks. Unlike the Uniform Law, the Civil Code establishes that a registered check is not transferable at all (hence, assignment on a registered check is not allowed) Transfer of rights under a check, or endorsement (from in dosso - “on the back”, i.e. on the back of a valuable paper) on a transfer check, is allowed in favor of any person, including the drawer himself (check to his own order). An endorsement for the payer loses the force of a normal endorsement and will be solely a receipt for receipt of payment. Hence, under pain of invalidity, the endorsement made by the payer is prohibited. Partial endorsement is also prohibited. A person in possession of a check received by way of endorsement is considered its legal owner if he bases his right on a continuous series of endorsements. The endorsement is made on the check itself (its back) or on the attached sheet (allonge). The endorsement transfers all rights arising from the check. If the endorsement is of a blank nature, then the check holder (endorser) can: a) fill out the form with his name or the name of another person (turn a blank endorsement into an order); b) transfer the check by means of another blank endorsement or in the name of another person; c) transfer the check by simple delivery. A guarantee endorsement can also be made on a check (clause 3 of Article 146 of the Civil Code)

To increase confidence in checks, the institution of check guarantee (aval) is used. The guarantee of payment through aval can be full or partial. Anyone, except the payer, has the right to act as an avalist (guarantor) for a check. The guarantor is responsible for payment of the check on an equal basis with the drawer or other person for whom he gave the aval. Moreover, his obligation is valid even if the obligation which he guaranteed turns out to be invalid for any reason other than a defect of form. The rights arising from the check are transferred to the avalist who paid the check against the person for whom he gave the guarantee, as well as against those persons who are obliged to the latter. Aval is placed on the front side of the check or on an additional sheet. It is worth noting that it is expressed by the words “considered as aval” and contains an indication of who and for whom it was given. In the absence of an indication of for whom the aval was given, it is considered that it was given for the drawer of the check as the main debtor. The guarantee is signed by the avalist, indicating his place of residence (location) and the date of the aval.

Let us note the fact that in modern banking practice, check circulation begins with the conclusion of a check agreement between the bank client (future drawer) and the bank (payer). After its conclusion, the drawer is given a check book and a check card, according to which

the drawer is identified. The source for payment of checks may be the drawer's own funds, bank loans, or other coverage. Funds for payment of checks may be deposited in a special checking account in the manner prescribed by banking regulations. Instead of depositing funds, the bank can guarantee payment of the check with their money. A check limit may be indicated on the check (the maximum amount for issuing a check). Any check is payable provided it is presented for payment within the period established by law. Traditionally, this period in the Russian Federation (formerly in the USSR) was ten days, not counting the day the check was issued1.

Presentation of a check for payment is possible by directly transferring it to the paying bank, as well as through collection. In the latter case, presentation of the check to the bank serving the check holder to receive payment is considered presentation of the check for payment. It is appropriate to note that payment of a collected check occurs in the order of execution of the collection order (Article 875 of the Civil Code). Typically, the executing bank credits the money to the check holder after receiving it from the paying bank. In this case, the check holder-client and his bank can establish a different settlement procedure when funds are credited to the check holder’s account before they are received from the paying bank in the form of a loan. It is worth saying that upon receiving a check, the payer is obliged to verify by all means available to him the authenticity of the check, as well as that the bearer of the check will be the person authorized by it. First of all, the check must be valid (contain the required details). The authenticity of the check is determined by its external verification (examination of the check form, security features on the check, identification of the drawer's signature, etc.) It is worth saying that the authority on the check is verified by presenting the necessary data about the check holder. When paying an endorsed check, the payer is obliged to check the correctness of the sequential series of endorsements, but not the signatures of the endorsers. After paying the check, the payer has the right to demand that the check be transferred to him with a receipt of payment or that an endorsement be made to the payer.

When paying for a forged, stolen or lost check, the question may arise about the distribution of the resulting losses between the drawer and the bank. Previously, banking rules established a presumption of guilt of the drawer. Article 879 of the Civil Code imposes the risk of loss

1 Currently, the deadline for presenting a check for payment is established only in relation to checks stamped “Russia” (10 days). The Uniform Law establishes three groups of deadlines depending on the country of drawing up of the check and the country of its payment: 8 days if they match, 20 days when these countries are in one part of the world, and 70 days when the country of issue of the check and the country of payment are in different parts of the world (Article 29)

on the payer or drawer, depending on whose fault they were caused. Thus, each of them can present ϲʙᴏevidence of innocence in payment of a check with defects.

In the event that a bank refuses to pay a check, there are several ways to certify its non-payment: a) a notary makes a protest or draws up an equivalent act in the manner prescribed by law; b) the payer’s mark on the check about the refusal to pay it, indicating the date the check was submitted for payment; c) a note from the collecting bank indicating the date that the check was issued in a timely manner but not paid (Article 883 of the Civil Code) A protest is an official act performed by a notary and certifying the fact of non-payment of the check. The protest or an equivalent act must be made before the expiration of the period for presenting the check. If the presentation of the check took place on the last day of the period, a protest or an equivalent act can be made on the next business day. In case of non-payment of a check, the notary certifies this fact by writing on the check and making a note about it in the register. It is important to note that simultaneously with the inscription on the check, a notice of non-payment is sent to the drawer. At the request of the check holder, in the event of non-payment, the notary can make a writ of execution (Article 96 of the Fundamentals of the Legislation of the Russian Federation on Notaries)

The check holder who has not received payment is obligated to notify the drawer and his endorser (if any) of the fact of non-payment within two business days following the day of the protest or an equivalent act. After this, each endorser, observing a continuous sequence of endorsements, must, within two working days following the day he received the notice, bring to the attention of his predecessor the notice he received. Availers of these persons are notified at the same time. Failure to send a notice within the specified period does not automatically entail the loss of the check holder and endorsers of their rights. The negative consequences of such inaction will be that the person who did not send the notice is forced to compensate for losses that may occur as a result of failure to notify about non-payment of the check. The amount of damages recoverable is limited to the amount of the check.

It is worth saying that each person obligated under a check (check drawer, endorsers, avalists) is jointly and severally liable for the payer’s refusal to pay the check (Article 885 of the Civil Code). In this case, the check holder is in no way bound by the sequence of occurrence of the obligations of these persons (continuity of endorsements and dates of avals) and has the right, at his option, to bring a claim against one, several or all check debtors. Moreover, if any endorser prohibited a new endorsement, then he will not be liable to those persons to whom the check was after ϶ᴛᴏ

endorsed The check holder has the right to demand from obligated persons: a) payment of the check amount; b) reimbursement of costs for receiving payment (making a protest, other expenses) c) interest for failure to fulfill a monetary obligation, provided for in Art. 395 Civil Code. After execution of a check by one of the obligated persons, the same rights are transferred to the latter by way of recourse. It is worth noting that it can carry them out in relation to other obligated persons, including the drawer. Let us note that each endorser who has paid the check may demand its delivery and cross out the ϲʙᴏnd endorsement and subsequent endorsements on it.

The limitation period for check obligations is reduced. The check holder's claim against the obligated persons may be filed within six months from the date of expiration of the period for presenting the check for payment. Recourse claims of obligated persons against each other are extinguished after the expiration of six months from the day when the obligated person satisfied the claim, or from the date of filing a claim against him.

Checks marked “Russia”, the circulation of which is provided for by banking regulations, have significant specifics. First of all, the scope of their use is limited to homogeneous calculations1. Secondly, payments with these checks are made only by the cash settlement centers of the Bank of Russia after the transfer of funds to them by paying banks. Thirdly, the endorsement of such checks and settlements between citizens with them is prohibited (payments by citizens to legal entities for purchased goods are allowed). These restrictions make checks stamped “Russia” unviable.

Other forms of payment. In some cases, other forms of payment are used in addition to those mentioned above. Thus, payment orders can be used for transfers through communication companies. The latter perform specific settlement services (postal and telegraphic transfers) by virtue of the Law of the Russian Federation “On Postal Services” of August 9, 1995.2 Legal entities can make such transfers without limiting the amount to the accounts of individual citizens (salaries, royalties, etc.) , as well as when transferring cash trade proceeds, taxes and for paying wages in those places where there are no banks (clause 3.7 It is worth mentioning - provisions on payments) Citizens have the right to make payments through communications companies without restrictions.

Fundamentally new for Russian banking turnover will be the use of electronic forms of payment and, in particular, plastic

1 See: Note that telegram of the Bank of Russia dated October 15, 1992 No. 230-92 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1993. No. 6.

2 SZ RF. 1995. No. 33. Art. 3334.

new cards. Their application is not yet based on a clear legal basis. The convenience of this form of payment essentially lies in the fact that a client who has a bank account does not have to provide the bank with payment documents to make a payment. They are replaced by a special plastic card with magnetic media containing information about the client and his account. Except for the above, obtaining a card that has global or regional recognition on the basis of interbank agreements (for example, VISA, Euro-card/Mastercard, American Express, etc.) allows its holder to make payments in different countries. The issuance of a plastic card is preceded by the conclusion of an agreement on the use of this means of payment between the client and the bank issuing the card. It must be remembered that such cards are divided into debit cards, by which funds are transferred within the card balance, and credit cards, by which the bank credits the client’s account if there are insufficient funds on it. According to the subjects of settlements, they are divided into personal (personal), funds for which belong to citizens, and corporate, for which payments are made on behalf of the legal entity that transferred the day. It is worth saying that in order to carry out settlements, it is only necessary that the organization (store, hotel, carrier, etc.), the payment to which the account owner intends to make, be included in the system for using ϲᴏᴏᴛʙᴇᴛϲᴛʙpayments. The amount to be written off is almost immediately transferred through the settlement (“processing”) center from the cardholder’s account to the recipient’s account. The client (card owner) is responsible for the correctness of the payment and the availability of funds on the account (“card”).

Calculations are regulated by Ch. 46 of the Civil Code of the Russian Federation. The basis for the emergence of settlement relations are the actions of the payer aimed at making a payment to another person (recipient). The grounds for payment are different: payment for transferred property, work performed, services rendered; gratuitous transfer of funds (for example, for charitable purposes); any other grounds.

Payments can be made by bank transfer and in cash. An obligatory participant in settlement legal relations for non-cash payments is a bank or other credit organization. Cash payments are made between the payer and the recipient without the participation of the bank. The payment method depends on the status of the subject of the settlement relationship and the basis on which the payment is made. Settlements with the participation of citizens not related to their business activities can be made in cash without limiting the amount or by bank transfer (Clause 1 of Article 861 of the Civil Code of the Russian Federation). Settlements between legal entities, as well as settlements with the participation of citizens related to their business activities, are, as a general rule, made in cashless transactions. Settlements between these entities can also be made in cash, unless otherwise provided by law (Clause 2 of Article 861 of the Civil Code of the Russian Federation).

When making non-cash payments, payments by payment orders, letters of credit, checks, collection payments, as well as payments in other forms provided for by law, banking rules established in accordance with it and business customs applied in banking practice are allowed (Article 862 of the Civil Code of the Russian Federation) . The Bank of Russia establishes rules, forms, terms and standards for non-cash payments. These rules cannot contradict the norms of the Civil Code of the Russian Federation and other federal laws on payments.

The parties have the right to choose and establish in the agreement any of the specified forms of payment. Currently, the main by-law regulating relations related to settlements is the Regulation on non-cash payments in the Russian Federation dated April 12, 2001 No. 2-P, approved by the Bank of Russia.

Non-cash payments are made through banks and other credit organizations in which clients have opened appropriate bank accounts. In banking practice, settlements are usually divided into single-city and intercity, as well as settlements carried out within the territory of one constituent entity of the Russian Federation or two or more constituent entities. Banks serving payers and recipients of funds have correspondent relations with each other or with the Bank of Russia represented by its cash settlement centers. Typically, the participants in settlement legal relations are the payer, the payer's bank, the recipient, and the recipient's bank.

Documents used in various forms of settlements may have a name that matches the corresponding forms of settlements, but unlike the latter, their functions are limited to the proper execution of settlement transactions.

The implementation of settlements begins with the preparation of settlement documents and their transfer to the bank. Any settlement document must be based on accepted standards and contain: a) the name of the document; b) document number and date of issue; c) number and code of the payer’s bank and usually its corporate designation; d) the name of the payer, his identification number and his bank account number; e) the name of the recipient of funds, his identification number and his bank account number; f) name of the recipient's bank (not indicated on the check), number and code of the recipient's bank; g) purpose of payment (not indicated on the receipt); h) the amount of payment in figures and words. The first copy of the payment document is affixed with the signature of the head of the legal entity (citizen-entrepreneur) and the seal of the legal entity.

The law sets a deadline for making any non-cash payments. According to Art. 80 of the Federal Law of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)” it amounts to two operating days within one subject of the Russian Federation. A transaction day should be understood as the period of time from the beginning to the end of transactions in a bank on the corresponding calendar day. At the same time, documents accepted by the bank from clients during operating hours are posted to the balance sheet on the same day. The calculation of these periods begins from the moment funds are written off from the payer’s bank account and ends when they are credited to the recipient’s account.

Settlement legal relations are formed with the opening of a bank account. Payments can be made in cash or by non-cash form. If the settlements are not related to entrepreneurship, the settlement is acceptable in any form. Legal persons make payments in non-cash form.

Note 1

Non-cash payments are made through a bank or other credit institution, provided that you have an open current account.

If the payment is made in the form of electronic money, the person must have an agreement with the operator of these funds in accordance with the Federal Law.

The Civil Code of the Russian Federation contains a list of non-cash payment forms available to the parties to contractual relations. There are different forms of settlements that are provided for by law and prescribed in banking rules. For settlement relations, important documents are the Law on Banks and the Law on the Central Bank of the Russian Federation.

Money orders

Definition 1

Payment order - a payment document issued by the payer, containing instructions to the bank to transfer money from the payer's account to the recipient's account, used in settlements for commodity and non-commodity transactions, and for advance payments.

The bank's responsibilities include timely transfer of funds from one account to another as directed by the payer.

The payment order has an approved form, the content is also strictly stipulated in the legislation and banking regulations.

The bank that accepted the payment order, after transferring funds, must inform the payer that the order has been executed. For non-fulfillment or improper execution of the client’s instructions, the bank bears responsibility as provided for by the Civil Code of the Russian Federation on liability for violation of settlement obligations.

Letter of Credit

Definition 2

Letter of credit is a conditional financial obligation that is accepted by the issuing bank on behalf of the payer with instructions to make payments in favor of the recipient of funds upon provision by the recipient of documents that comply with the terms of the letter of credit.

The issuing bank is obliged to make such payments or instruct the nominated bank to do so. The bank is also obliged to make payment, confirm, and conduct a bill of exchange transaction.

The form of payment under consideration is regulated by the Civil Code of the Russian Federation to the extent that it reflects the provisions of the rules and customs of letters of credit.

When making payments in a letter of credit, the payer sets aside part of the money for settlements with the recipient.

Previously, this form was used as a sanction against payment discipline violators.

Types of letter of credit obligations

If the issuing bank sends the coverage amounts at the expense of the payer or the credit provided to him, the letter of credit is considered covered or deposited

If the bank is given the opportunity to write off the entire amount of the letter of credit from the account of the issuing bank maintained by it, the letter of credit is called uncovered or guaranteed. This type is used if there are correspondent relations between the issuing and executing banks.

A revocable letter of credit can be canceled by the issuing bank without notifying the recipient. An irrevocable letter of credit requires the consent of the recipient of funds. An irrevocable letter of credit confirmed at the request of the issuing bank by the executing bank is called confirmed. Such a letter of credit does not allow changes or cancellation without the consent of the executing bank.

The Civil Code of the Russian Federation stipulates the procedure for executing a letter of credit and the bank’s responsibility for violating the terms of the letter of credit. There is a list of grounds for termination of a letter of credit in the executing bank in Article 873 of the Civil Code.

Collection

Definition 3

Collection is an intermediary banking operation for transferring money from the payer to the recipient through a bank with these funds being credited to the recipient’s account. Banks charge a fee for collection.

The bank undertakes, at the expense of the client, to carry out operations to receive payment from the payer and confirm payment. A banking organization may involve a executing bank. The requirements for documents accompanying a collection order are defined in the Civil Code in Article 875.

Payments by checks are also one of the traditional forms of payment.

The payee of a check is the bank in which the check holder has the right to issue checks. This form of payment is regulated by the Civil Code in terms of the rules contained in the Geneva Convention on Checks.

The check has details, name, order to the payer, name of the payer, account number, payment currency. A check is paid at the expense of the person who issued it, provided that it is presented for payment within the specified period.

A personal check cannot be transferred. The check is guaranteed by an aval, which can be given by any person other than the payer. The avalist acquires rights by check.

Relations relating to check collection are regulated in detail.

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The basis for the emergence of settlement relations is the payer’s performance of actions aimed at making a payment to another person (recipient). The grounds for making a payment may be different: payment for transferred property, work performed, services rendered; gratuitous transfer of funds (for example, for charitable purposes); any other grounds.

Payments can be made by bank transfer and in cash. An obligatory participant in settlement legal relations for non-cash payments is a bank or other credit organization. Cash payments are made between the payer and the recipient without the participation of the bank. The payment method depends on the status of the subject of the settlement relationship and the basis on which the payment is made. Settlements involving citizens that are not related to their business activities can be made in cash without limiting the amount or by bank transfer. On the contrary, settlements between legal entities, as well as settlements with the participation of citizens related to the implementation of their business activities, are carried out in a non-cash manner. Settlements between these entities can also be made in cash, unless otherwise provided by law. Payments in cash up to 3 million rubles are allowed. for one settlement transaction, and when purchasing agricultural products from legal entities by enterprises and consumer cooperation organizations - up to 5 million rubles.

There is no unambiguous definition of the concept of “settlements” in the current Russian legislation. Therefore, it is necessary to turn to a comparative analysis of the norms of Chapter 46 of the Civil Code of the Russian Federation, and the opinions of various legal scholars.

Settlement relationships are much more closely linked to the underlying obligations that they accompany and serve. However, the law recognizes them as independent civil obligations. Their legal value lies in the fact that no matter how closely the fulfillment of the main obligation under a civil contract (transfer property, perform work, etc.) is closely interconnected with the counter payment obligation, the implementation of the latter goes far beyond the scope of the contract and gives rise to civil legal relations , developing according to special, very specific rules. In the modern world, the vast majority of payments are carried out not by transferring cash from one party to another, but in a non-cash manner with the help of a financial and credit intermediary (bank, other credit organization) using various forms of non-cash payments (letter of credit, collection, check, payment order, electronic payments, etc.).

Sometimes the settlement obligation becomes independent of the main agreement and without the participation of a financial institution. Thus, when one citizen transfers a bill of exchange to another in payment for goods and as proof of the conclusion of a loan agreement, a new and completely autonomous obligation arises, outwardly unrelated to the first. In addition, settlements can arise not only with the proper execution of the transaction, but also during the application of liability measures, the return of unjustifiably received, etc. This once again proves the legal independence of the settlement legal relationship, which cannot be reduced only to the relationship between the client and the bank. It is no coincidence that in the general provisions on the calculations of Ch. 46 of the Civil Code of the Russian Federation there is no blank wall between non-cash and cash payments. Taking into account the above, settlement relations should be considered to be those legal relations that arise between the subjects of a civil obligation and a credit organization (in certain cases - only between the subjects of the said obligation) in connection with making payments for transferred property (work performed, services rendered) or for other reasons.

The first paragraph of Chapter 46 - “General provisions on payments” - consists of only two articles containing rules on cash and non-cash payments, as well as on forms of non-cash payments.

According to Art. 861 of the Civil Code of the Russian Federation, settlements with the participation of citizens not related to their business activities can be made in cash without limiting the amount or by bank transfer; Settlements between legal entities, as well as settlements with the participation of citizens related to their business activities, are made by bank transfer. Settlements between these persons may also be made in cash, unless otherwise provided by law. Non-cash payments are made through banks and other credit organizations in which the corresponding accounts are opened, unless otherwise follows from the law and is not stipulated by the form of payment used in the Civil Code of the Russian Federation. Part two. Collection of legislation of the Russian Federation. 1996. No. 5. Art. 861..

By virtue of Art. 862 of the Civil Code of the Russian Federation, when making non-cash payments, payments by payment orders, letters of credit, checks, collection payments, as well as payments in other forms provided for by law, banking rules established in accordance with it and business customs applied in banking practice are allowed. The parties to the agreement have the right to choose and establish in the agreement any of the specified forms of payment. All other rules contained in Chapter 46 are devoted exclusively to non-cash payments.

The emergence of settlement legal relations is due to the commission of actions aimed at fulfilling the main obligation. But then settlement legal relations become independent of the obligation in fulfillment of which settlements are made.

Settlement legal relations arise between subjects of civil law regarding payments for transferred goods, work performed, services rendered, as well as in fulfillment of tax obligations.

The main regulatory legal acts in the field of settlements are: Chapter 46 of the Civil Code of the Russian Federation; Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”; Regulations “On the rules for the transfer of funds”, approved by the Central Bank of the Russian Federation on June 19, 2012 No. 383-P, Regulations “On the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation”, approved by the Central Bank of the Russian Federation on October 12 2011 No. 373-P.

As a general rule, monetary obligations in the Russian Federation must be expressed in rubles (Article 140, paragraph 1 of Article 317 of the Civil Code of the Russian Federation). The use of foreign currency, as well as payment documents in foreign currency when making payments on the territory of the Russian Federation, is allowed in some cases determined by currency legislation (clause 2 of Article 140, clause 3 of Article 317 of the Civil Code of the Russian Federation).

The main payment methods are non-cash payments and cash payments.

Cash payments are payments made using cash for goods purchased, work performed, services rendered, etc.

Non-cash payments are carried out by banks and credit institutions using bank accounts or without opening them.

Non-cash payments using bank accounts are obligations the object of which is funds held in the payer’s bank account and used as a means of payment. Their participant, along with the payer, is a bank or other credit organization (hereinafter referred to as the bank), with which the payer has a bank account agreement. The payer and recipient of funds usually have independent bank account agreements with the banks that serve them. Non-cash payments involve the payer, the bank servicing him and the banks involved in the settlement transaction of transferring funds to the bank servicing the recipient.

The specific form of payment is determined by the parties independently and is fixed in the contract.

Settlements involving individuals (even if only one of the parties is an individual), not related to their business activities, can be carried out in any form without restrictions. So, according to paragraph 1 of Art. 861 of the Civil Code, settlements with the participation of citizens not related to their business activities can be made in cash (Article 140) without limiting the amount or by bank transfer.

According to paragraph 2 of Art. 408 of the Civil Code of the Russian Federation, in case of cash payments between individuals, the fulfillment of obligations can be confirmed by a receipt for receipt of fulfillment in full or in the relevant part (receipt for receipt of funds).

There are special rules for legal entities and individual entrepreneurs.

Legal entities and individual entrepreneurs mainly use a non-cash payment system, since they have a cash payment limit. The maximum amount for cash payments between them is 100,000 rubles. (Clause 1 of the Directive of the Central Bank of Russia dated June 20, 2007 No. 1843-U “On the maximum amount of cash payments and the expenditure of cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur.” Settlements under the agreement as a whole are limited to this amount. When It does not matter whether the payment is made at a time or in installments (according to several payment documents).

Cash payments with the participation of legal entities (individual entrepreneurs), as well as payments using payment cards, are carried out using cash register equipment and issuing cash receipts.

Legal entities and individual entrepreneurs that have a cash register and make cash payments are required to keep available funds in their bank accounts with credit institutions.

Within limits, the amount of which is established by the legal entity or individual entrepreneur itself, cash can be kept in the cash registers of business entities. Cash in excess of established limits must be handed over by business entities to a credit institution. Storing funds in excess of the limits is allowed only for issuance for wages, social payments, scholarships, etc.

Cash received at the organization's cash desk must be handed over to a credit institution for subsequent crediting to the accounts of these persons. An authorized representative of a legal entity, an individual entrepreneur or his authorized representative deposits cash into a bank or an organization included in the Bank of Russia system, the charter of which grants it the right to carry out the transportation and collection of cash, as well as cash transactions in terms of receiving and processing cash , or the organization of the federal postal service for crediting, transferring or transferring them to the bank account of a legal entity, individual entrepreneur.

Cashless payments. The Civil Code provides for and regulates four forms of non-cash payments:

1) settlements by payment orders;

2) settlements under a letter of credit;

3) settlements for collection;

4) payments by checks.

In addition to the above forms, settlements can be carried out in other forms provided for by law, banking rules established in accordance with it and business customs applied in banking practice. For example, in practice, settlements using bills of exchange are common.

The Regulations “On the Rules for Transferring Funds” specify two more forms of non-cash payments:

– settlements in the form of transfer of funds at the request of the recipient of funds (direct debit);

– settlements in the form of electronic money transfer.

Settlements by payment orders. When making payments by payment order, the bank undertakes, on behalf of the payer, at the expense of the funds in his account, to transfer a certain amount of money to the account of the person specified by the payer in this or another bank within the period provided for by law or established in accordance with it, unless a shorter period is specified. is provided for in the bank account agreement or is not determined by business customs used in banking practice. A payment order is an order from the account owner (payer) to the bank servicing him, documented in a settlement document, to transfer a certain amount to the recipient's account opened in this or another bank for the purpose of transferring funds. Using payment orders, funds can be transferred to pay for goods, work or services; repayment (provision) of a loan or credit and payment of interest on it; payment of taxes and other obligatory payments to budgets and extra-budgetary funds; making other monetary payments.

Payments by payment order are by far the most common form of payment. In some legal relations, the use of this form of payment has a priority nature. For example, in relations for the supply of goods, the buyer pays for the goods supplied in compliance with the procedure and form of payment provided for in the supply agreement. If the procedure and form of settlements are not determined by agreement of the parties, then settlements are carried out by payment orders (Article 516 of the Civil Code).

However, this form of payment does not provide additional guarantees for the recipient of funds associated with the obligatory receipt of payment in his favor.

The payment is initiated by the payer, who sends to his servicing bank (other credit institution) a settlement document - a payment order that meets the requirements of current legislation. The payer's bank debits funds from his bank account on the payer's instructions; sends a payment order to the bank serving the recipient of the funds (executing bank), which credits the received funds to the account of the client - the recipient of the funds and notifies its client about the receipt of funds in his account. If the accounts of the payer and the recipient of funds are in the same bank, then the payment order is executed by one bank.