Problems of Legal Regulation of Bank Deposit Insurance in the Russian Federation

The work is devoted to the analysis of theoretical and practical issues connected with the deposit insurance system in the Russian Federation. The main purpose is to identify the legal nature of deposit insurance as well as to generalize the judicial practice related to the resolution of the widespread problem of splitting of the deposits. One part of the work is devoted to a theoretical analysis of the deposit insurance relations and to the order of its legal regulation. The legal status of the insurer was also taken into account. The specificity of the deposit insurance allowed to come to the conclusion about the concentration of private and public beginnings in it. The limitation of possible participants and the existence of the maximum limit of insurance indemnity has led to the spreading cases of splitting of the deposits. The significance of the negative effects of such fragmentation on the economy as a whole as well as the need to protect bona fide depositors demanded the justification of the problem. The work includes the analysis of the position of the Deposit Insurance Agency based on the materials of judicial practice and the study of the arguments of depositors that were refused to pay insurance compensation due to the presence of signs indicating the fact of illegal formation of their claims. The analysis of the legal position of the parties and the opinions of higher courts is aimed at ensuring a stable and uniform judicial practice that does not undermine the principle of legal certainty.