Syndicated Lending: Intensification of Transactions and Development of Legal Regulation in Modern Russia

  • Agnessa O. INSHAKOVA Volgograd State University, Volgograd, Russia
  • Alexander I. GONCHAROV Volgograd State University, Volgograd, Russia
  • Olesya P. KAZACHENOK Volgograd State University, Volgograd, Russia
  • Svetlana Y. KOCHETKOVA Volgograd State University, Volgograd, Russia

Abstract

This paper deals with the tendencies of development of the legal regulation of syndicated lending in the modern Russian banking sector. The authors reveal the legal regulation problems, elimination of which will contribute to development of syndicated lending to domestic borrowers and, as consequence, growth of the real sector of the national economy as a whole. The legal nature of a syndicated loan and agreement concluded by the syndicate members is revealed. The authors study the problem of slow development of syndicated lending to economic entities in modern Russia. It is noted that this financial technology has been used abroad for a long time and very successfully, while in the Russian Federation syndicated lending is considered to be an innovative banking product. It is concluded that this situation is due to the absence of the detailed legal regulation of this field of business relations, as well as the poor development of the mutual credit partnership among the commercial banks. However, the institution of syndicated lending enables to transact for the financial support of major innovative projects. The development of this institution will contribute to reducing the risks of the parties involved, as well as intensifying the syndicated lending in Russia.

References

[1] Belov, V. A. 2008. Civil law. General and Special parts: Textbook. M., 792 p.
[2] Golovinsky, V. 1872. On the origin and division of obligations. Warsaw, 343 p.
[3] Gravin, D. I. 2013. Syndicated lending in Russian and English law. Russian law journal, 12: 100 - 109.
[4] Kachalova, A.V. 2006.Legal aspects of the conclusion of agreements on granting syndicated loans. The law, 2: 75-83.
[5] Meyer, D. I. 1997. Russian civil law: In 2 Vol. Vol. 2. M., 229 p.
[6] Popkova, L.A. 2012. Syndicated lending: advantages, drawbacks, development trends of the market. Legal work in a credit organization, 2: 104 - 112.
[7] Sarbash, S. V. 2009. The obligations with a plurality of persons and the features of their performance. M., 114 p.
[8] The Civil Code of the Russian Federation (part two) from January 26, 1996 #14-FZ (ed. of May 23, 2016).// Russian newspaper, #23, 06.02.1996, #24, 07.02.1996, #25, 08.02.1996, #27.10.02.1996.
[9] The decision of the Arbitration court of Moscow of 26.01.2015 in case #A40-85130/14// Commercial Case File. Available at: http://kad.arbitr.ru/PdfDocument/b115e21b-fdb7-4045-a24f-13f69e3e257d/A40-85130-2014_20150126_Reshenija%20i%20postanovlenija.pdf (Accessed: 31.01.2017).
Published
2017-10-25
How to Cite
INSHAKOVA, Agnessa O. et al. Syndicated Lending: Intensification of Transactions and Development of Legal Regulation in Modern Russia. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 3, p. 838-842, oct. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1455>. Date accessed: 21 nov. 2019.