The norms of the Constitution of the Russian Federation and the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” were used to study the status of the Central Bank of the Russian Federation, since the status of the Central Bank of the Russian Federation is not clearly defined, including based on the organizational and legal forms of legal entities known to Russian science. It is revealed that, on the one hand, the Bank of Russia acts as a public authority, and on the other hand, as a commercial organization with elements of a state enterprise. It is concluded that the legally uncertain status of the Central Bank of the Russian Federation with the right granted to it to make individual decisions at the state level has led the Bank of Russia to issue acts restricting the rights and freedoms of individuals residing in the Russian Federation. The article has achieved its goal – to determine the legal status of the Central Bank of the Russian Federation, and also revealed violations by the Bank of Russia (in the course of its activities) of human and civil rights and freedoms. The materials for the study were the Constitution of the Russian Federation, federal laws, regulatory legal acts of the State Duma and the Government of the Russian Federation, as well as individual decisions of the Bank of Russia. General and private scientific methods were used in the work – analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms, etc. As a result of the conducted research, the definition of the state organization “Central Bank of the Russian Federation” was formulated, as well as violations by the Bank of Russia of the right to free use of money belonging to a person and a citizen, which is property, were identified, and proposals were developed to amend the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” and the Federal Law “About the Prosecutor’s Office of the Russian Federation” to determine the state body, which should exercise control (supervision) over the observance by the Bank of Russia of human and civil rights and freedoms in the Russian Federation.

the Constitution of the Russian Federation, human and civil rights and freedoms, restriction of rights and freedoms, Central Bank of the Russian Federation, state organization, control (supervision)

Vinokurov Vladimir Anatolyevich – Doctor of Juridical Science, Associate Professor, Honored Lawyer of the Russian Federation, Professor of the Department of Theory and History of State and Law, Saint Petersburg University of the State Fire Service of the Ministry of Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters named after Hero of the Russian Federation Army General E. N. Zinichev (149, Moskovsky ave., St-Petersburg, 196105, Russian Federation), ORCID: 0000-0003-0002-3010, RSCI AuthorID: 288588, e-mail: tigp@igps.ru

Vinokurov V. A. Bank Rossii i problemy soblyudeniya prav i svobod cheloveka i grazhdanina v Rossijskoj Federacii [The bank of Russia and compliance issues human and civil rights and freedoms in the Russian Federation] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2023, no 3(102), pp. 8–12. – DOI 10.26516/2071-8136.2023.3.8.

340.1; 342.7

1. Avakian S.A. O konstitutsionnykh osnovakh statusa Banka Rossii [On the constitutional foundations of the status of the Bank of Russia]. Konstitutsionno-pravovoi status Tsentralnogo banka Rossiiskoi Federatsii [Constitutional and legal status of the Central Bank of the Russian Federation. Ed., comp. P.D. Barenboim]. Moscow, 2000, 168 p. (in Russian)

2. Arzumanova L.L. [et al.] Aktualnye problemy finansovogo prava: monografiya [Actual problems of financial law: monograph. Ed. by E.Y. Grachev]. Moscow, NORM Publ., INFRA-M Publ., 2016, 208 p. (in Russian)

3. Malykhina E.A. Pravovoe regulirovanie otnoshenii v sfere zakupok tovarov, rabot, uslug Tsentralnym bankom Rossiiskoi Federatsii (Bankom Rossii) [Legal regulation of relations in the sphere of procurement of goods, works, services by the Central Bank of the Russian Federation (Bank of Russia)]. Finansovoe parvo [Financial law], 2021, no. 2, pp. 17-20. (in Russian)

4. Pastushenko E.N. Pravovoe polozhenie Tsentralnogo banka Rossiiskoi Federatsii (glava 3) [The legal position of the Central Bank of the Russian Federation (Chapter 3)]. Banking law: textbook. Moscow, 2020, 304 p. (in Russian)

5. Rozhdestvenskaya T.E., Guznov A.G. Publichnoe bankovskoe pravo: ucheb-nik dlya magistrov [Public banking law: textbook for masters]. Moscow, Prospect Publ., 2016, 448 p. (in Russian)

6. Taraban N.A. Tsentralnyi bank Rossiiskoi Federatsii (Bank Rossii) v sisteme organov gosudarstvennoi vlasti: konstitutsionno-pravovye osnovy organizatsii i deyatelnosti [The Central Bank of the Russian Federation (Bank of Russia) in the system of state authorities: constitutional and legal foundations of organization and activity]. Finansovoe pravo [Financial law], 2017, no. 6, pp. 44-47. (in Russian)

7. Tosunyan G.A., Vikulin A.Yu. Postateinyi kommentarii k Federalnomu zakonu “O Tsentralnom banke Rossiiskoi Federatsii (Banke Rossii)” [Article-by-article commentary to the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”]. Moscow, Delo Publ., 2013, 246 p. (in Russian)

8. Shapovalov M.A., Nikiforova S.T., Slesarev S.A. Kommentarii k Federalnomu zakonu ot 10 iyulya 2002 g. № 86-FZ “O Tsentralnom banke Rossiiskoi Federatsii (Banke Rossii)” (postateinyi) [Commentary to Federal Law N 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)” (article by article)], ConsultantPlus Legal Reference System, 2016. (in Russian)

9. Shakhray S.M. Konstitutsionnoe pravo Rossiiskoi Federatsii: uchebnik dlya akademicheskogo bakalavriata i magistratury [Constitutional law of the Russian Federation: textbook for academic undergraduate and graduate studies]. 4th ed., ed. and add. Moscow, Statute Publ., 2017, 624 p. (in Russian)