In addition, the law increasingly defines the range of information to be protected, naming as 'other information'. By virtue of Part 2 of Article 3 of the Civil Code should apply rules, so you must remove the existing contradictions between the laws. Such contradictions abound. For example, the Federal Law 'On Banks …' gives exhaustive list of authorities and officials, who can get the information constituting bank secrecy, and art. 41 FZ "On Restructuring of Credit Organizations' on 07.08.1999 and establishes the right of the Agency for Restructuring credit institutions to obtain information constituting bank secrecy. Such inconsistency in the law are often the reason that the banks receive inquiries on accounts and deposits from persons not eligible: lawyers, bailiffs, etc.
In some cases, officials illegally used measure of responsibility to the employees of banks for refusing to provide information. Thus, the decision Fokinsky District Court of Bryansk on 12/05/1999 established the illegality of the measure of responsibility bailiff deputy head of the Bryansk Savings Bank of Russia for refusing to provide information constituting bank secrecy. A large number of problems associated with the implementation of paragraph 8 of Presidential Decree 23.05.94 N1006 'On the implementation of comprehensive measures for the timely and full inclusion in the budget of taxes and other obligatory payments' providing for the obligation of banks and other credit agencies to inform the tax authorities to commit individuals (including non-residents) operations for an amount equivalent to 10 thousand dollars and above. According to many researchers, the decree contradicts law and in practice, many banks simply ignore it. In our opinion, the most correct would be to establish the possibility of obtaining information constituting bank secrecy, only by court order, as in many foreign countries (Switzerland, Luxembourg, Germany).
This would increase confidence in Russian banks and to ending 'outflow' of capital abroad. However, this measure requires a change in procedure legislation that currently governs virtually no procedures for obtaining and using confidential information. With the development of the Internet becomes very important issue of ensuring banking secrecy in their operations through telecommunications. This issue is relevant also because, until that legislation is not installed the application systems 'Lawful' (a system of operative-search activities on the networks of documental). (Proceedings of the SORM see:) Thus, the institution of banking secrecy has not yet received a clear legislative regulation, the need is clear for construction rule of law and economic development.