PROBLEM OF SEIZURE OF OBJECTS AND DOCUMENTS AND FOR DISCOVERY OF INFORMATION CONTAINING BANK SECRECY

The Russian legislation declares and to a certain extent guarantees the confidentiality of Bank accounts, deposits and perform operations on them. The questions of essence and the legal nature of Bank secrecy cause serious disagreements not only in the science of civil law since it is enshrined in the Article 857 of the Civil Code of the Russian Federation, but also in science of financial and banking law. The content of the Article 26 of the Federal law of the Russian Federation «Concerning banks and banking activities», which defines the mode of operation of banks and other credit institutions with banking secrecy, faulty from the point of view of the ratio of the contained terms and provisions of the regulatory structures used in other fields of law. This especially applies to the norms and provisions of the criminal procedure law governing investigation of offences and trial of criminal cases, the implementation of which provides for the production of actions related to the seizure of objects and documents containing Bank secrecy. The most common of these is the notch. In addition to the seizure of documents of the state bodies and officials conducting criminal procedure, is entitled to receive in credit institutions information about accounts, deposits of legal entities and individuals by sending them requests. However, the regulation of these powers of subjects of criminal process in the Criminal Procedure Code of the Russian Federation not at all consistent with the legal regulations contained in the Federal Law «Concerning banks and banking activities». They have a lot of differences as on the subjects of banking secrecy and its content and mode of provision. Many questions on this topic require research and additional legal regulation.