The present article explores specific issues related to the legal status of the Central Bank of the Russian Federation within the context of domestic law enforcement practice. The Bank of Russia has a dual nature: on one hand, it is a public authority with control and supervisory powers, and on the other hand, it actively participates in civil actor when carrying out the functions imposed on it by law. The analysis covers questions of classifying the Bank of Russia as a state authority, as well as identifying the peculiarities of its private law actor in economic activities. Special attention is given to the correlation of norms of the Constitution of the Russian Federation, banking and tax legislation, their conflicting interactions, and their influence on law enforcement. A separate direction of research is the examination of the practices of the Federal Antimonopoly Service. A formal-legal method has been used in analyzing the Constitution of the Russian Federation and the Federal Law on the Bank of Russia to identify problematic aspects of its legal statuses. A systematic approach has been applied to analyze the conflicts of constitutional, banking, and tax legislation. The scientific novelty of the article lies in the identification of legal uncertainty and situational decision-making in defining the public law status and private law status of the Bank of Russia regarding the legal regime of its property and the conduct of economic activities, based on the analysis of judicial practice and the practice of the FAS of Russia. In the latter case, the examination of cases has shown that in most instances, law enforcement denies the commercial nature of the economic activities of the Bank of Russia. The article substantiates the need to define the Bank of Russia as a legal entity of public law at the legislative level in order to clarify the legal regime of its property and determine the boundaries of its economic activities. These proposals stem from the identified gaps in legislation and law enforcement practice and aim to establish legal certainty, as well as to strengthen the balance between public and private interests.
Vladislav Olegovich Babichev (Thu,) studied this question.