Functions of the Bank of Abkhazia
The Laws of the Republic of Abkhazia
Organisational structure
The Governing Board shall be a collective body of the Bank of Abkhazia. The Governing Board shall set guidelines for the activities of the Bank of Abkhazia and exercise general guidance of the Bank of Abkhazia.
The Governing Board shall be comprised of the Chairman of the Bank of Abkhazia and six members of the Governing Board.
Members of the Governing Board shall work in the Bank of Abkhazia on a full-time basis.
The Bank of Abkhazia shall be headed by the Chairman appointed by the People’s Assembly of the Republic of Abkhazia for a term of five years by a majority vote of the total number of deputies.
A candidate for the post of the Chairman of the Bank of Abkhazia shall be proposed by the President of the Republic of Abkhazia no later than two months before the term of the incumbent Chairman of the Bank of Abkhazia expires.
Should the Chairman of the Bank of Abkhazia be dismissed before his term expires, the President of the Republic of Abkhazia shall propose a candidate for the post within a month of the day of the dismissal.
Should the candidate proposed for the appointment as Chairman of the Bank of Abkhazia be rejected, the President of the Republic of Abkhazia shall present the candidate for a second vote or propose a new candidate within a month. A single candidate may not be proposed more than twice.
The President of the Republic of Abkhazia shall appoint an Acting Chairman of the Bank of Abkhazia from among the members of the Governing Board for the term necessary for the People’s Assembly of the Republic of Abkhazia to appoint the Chairman of the Bank of Abkhazia.
The People’s Assembly of the Republic of Abkhazia shall be entitled to dismiss the Chairman of the Bank of Abkhazia on the proposal of the President of the Republic of Abkhazia.
Members of the Governing Board shall be appointed for the term of five years by the People’s Assembly of the Republic of Abkhazia on the proposal of the President of the Republic of Abkhazia.
Candidates for the posts of the members of the Governing Board shall be proposed to the President of the Republic of Abkhazia by the Chairman of the Bank of Abkhazia.
Members of the Governing Board shall be dismissed:
- by the Chairman of the Bank of Abkhazia upon the expiry of the term indicated in this Article;
- by the People’s Assembly of the Republic of Abkhazia at the proposal of the President of the Republic of Abkhazia before the expiry of the term indicated in this Article.
The Chairman of the Bank of Abkhazia shall be entitled to raise before the President of the Republic of Abkhazia the issue of dismissal of the Governing Board member before the expiry of the term.
Meetings of the Governing Board shall be chaired by the Chairman of the Bank of Abkhazia and in his absence, by his deputy from among the Board members.
The Governing Board shall adopt decisions by a majority vote of the Board members present at the meeting with a quorum of four people.
The minutes of the Board meeting shall be signed by the chairman of the meeting and one of the Board members. When the Governing Board adopts decisions relating to monetary policy, the opinions of those Board members, who are in the minority, shall be written down upon request in the minutes of the Board meeting.
The Governing Board shall meet at least once a month.
Board meetings shall be called by the Chairman of the Bank of Abkhazia or his deputy, or at the request of at least two Board members.
Board members shall be notified about a Board meeting in advance.
The Governing Board shall fulfill the following functions:
- it shall elaborate and implement guidelines for a single state monetary policy in collaboration with the Government of the Republic of Abkhazia;
- it shall approve the Annual Report of the Bank of Abkhazia and submit the document to the President and the People’s Assembly of the Republic of Abkhazia;
- it shall examine the expense budget of the Bank of Abkhazia by the deadline of November 30 of the preceding year and submit it to the President of the Republic of Abkhazia. The People’s Assembly of the Republic of Abkhazia shall approve the Bank of Abkhazia expense budget at the proposal of the President of the Republic of Abkhazia;
- it shall approve the structure of the Bank of Abkhazia;
- it shall establish the form and amount of compensation to be paid to the Chairman of the Bank of Abkhazia, Deputy Chairmen of the Bank of Abkhazia and other Bank of Abkhazia employees in accordance with the current legislation of the Republic of Abkhazia;
- it shall establish the form, procedure, and terms and conditions of refinancing of credit institutions and prolongation of the loans granted;
- it shall adopt decisions:
- on the creation and liquidation of the Bank of Abkhazia units and organisations;
- on compulsory standards for credit institutions in accordance with the Article 60 of the existing Law;
- on the amount of reserve requirements;
- on changes in the interest rates of the Bank of Abkhazia;
- on the setting of limits on open market operations;
- on participation in international organisations;
- on the participation of the Bank of Abkhazia in the capital of organisations that support the activities of the Bank of Abkhazia and its units, divisions and employees;
- on the purchase and sale of real estate necessary for the functioning of the Bank of Abkhazia and its units, divisions and employees;
- on the use of direct quantitative restrictions;
- on the issue and withdrawal of banknotes and coins from circulation, on the total amount of cash issue by agreement with the Government of the Republic of Abkhazia;
- on the procedure of creating reserves by credit institutions;
- it shall submit to the People’s Assembly of the Republic of Abkhazia proposals for changing the authorised capital of the Bank of Abkhazia;
- it shall approve the Governing Board’s rules of procedure;
- it shall appoint the chief auditor of the Bank of Abkhazia;
- it shall approve the structure of the Bank of Abkhazia, provisions on the divisions of the Bank of Abkhazia and the procedure for appointing heads of the Bank of Abkhazia divisions;
- it shall establish the conditions of access of foreign capital to the Abkhazian banking system in compliance with the laws of the Republic of Abkhazia;
- it shall fulfill other functions assigned by the existing Law to the jurisdiction of the Governing Board.
Members of the Governing Board cannot be deputies to the People’s Assembly of the Republic of Abkhazia or members of local self-government, or members of the Government of the Republic of Abkhazia.
A member of the Governing Board shall relinquish his powers as a deputy, resign as a member of local self-government or the Government of the Republic of Abkhazia within one month after his appointment as a member of the Governing Board, after which the newly appointed Board member begins performing his duties.
A member of the Governing Board cannot be a member of any political party or hold any position in a public, political or religious organisation.
A member of the Governing Board shall not be subject to the restrictions imposed by Article 87 of the existing Law.
The Chairman of the Bank of Abkhazia:
- shall act on behalf of the Bank of Abkhazia and represent its interests without a power of attorney in relations with the bodies of state power and governing bodies, credit institutions, foreign state organisations, international organisations and other institutions and organisations;
- shall chair the meetings of the Governing Board. Should the votes be equally divided, the Chairman of the Bank of Abkhazia shall have the deciding vote;
- shall sign the normative acts of the Bank of Abkhazia, decisions of the Governing Board, minutes of the Governing Board’s meetings and agreements concluded by the Bank of Abkhazia;
- shall appoint and dismiss his deputies at the proposal of the President of the Republic of Abkhazia and assign duties to them;
- shall sign orders, decrees and give instructions that would be binding for all Bank of Abkhazia employees and its units and organisations;
- shall bear full responsibility for the activity of the Bank of Abkhazia;
- shall ensure the implementation of other functions of the Bank of Abkhazia in accordance with the existing Law.
The Bank of Abkhazia shall fulfill the following functions:
- it shall elaborate and pursue in collaboration with the Government of the Republic of Abkhazia a single state monetary policy;
- it shall be the issuer of cash money and organizer of cash turnover;
- it shall be the last-resort creditor for credit institutions and it shall organize the system to refinance them;
- it shall set the rules to effect settlements in the Republic of Abkhazia;
- it shall set the rules to conduct banking operations, accounting and reporting for the banking sector;
- it shall carry out the state registration of credit institutions, issue banking licences to credit institutions and audit firms and revoke them;
- it shall supervise the activities of credit institutions;
- it shall register the issue of securities by credit institutions in compliance with the laws;
- it shall conduct on its own behalf or on behalf of the Government of the Republic of Abkhazia all kinds of banking operations necessary for the fulfillment by the Bank of Abkhazia of its objectives;
- it shall exercise foreign exchange regulation including operations to buy and sell foreign exchange; it shall establish the procedure for effecting settlements with foreign states;
- it shall organize and exercise foreign exchange control in compliance with the legislation of the Republic of Abkhazia; it shall implement measures to prevent money laundering and financing of terrorism;
- it shall participate in making a forecast of the Republic of Abkhazia balance of payments and organize the compilation of the Republic of Abkhazia balance of payments;
- it shall analyze and forecast the state of the Republic of Abkhazia economy, especially monetary and currency aspects, it shall publish the corresponding materials and statistical data;
- it shall fulfill other functions in compliance with the laws of the Republic of Abkhazia.
The status, purposes, functions, powers and structure of the National Bank of the Republic of Abkhazia (the Bank of Abkhazia) are stipulated by the Constitution of the Republic of Abkhazia, the Law “On the National Bank of the Republic of Abkhazia (the Bank of Abkhazia)” and other laws.
The central body of the Bank of Abkhazia shall be based in Sukhum.
The authorized capital and other property of the Bank of Abkhazia shall be in ownership of the Republic of Abkhazia. The powers to own, use and manage the Bank of Abkhazia's property shall be exercised by the Bank of Abkhazia, in accordance with the objectives and using the procedure set by the Law “On the National Bank of the Republic of Abkhazia (the Bank of Abkhazia)”. The buildings listed on the balance sheet of the Bank of Abkhazia shall not be subject to privatization.
The Bank of Abkhazia shall cover its expenses with its own revenues.
The Bank of Abkhazia shall be a legal entity. The Bank of Abkhazia shall have the stamp with the image of the National Emblem of the Republic of Abkhazia and its own name.
The state shall not be liable for the obligations of the Bank of Abkhazia and the Bank of Abkhazia shall not be liable for the obligations of the state unless they have assumed such obligations or unless the laws of the Republic of Abkhazia stipulate otherwise.
The Bank of Abkhazia shall be accountable to the President and the Peoples Assembly of the Republic of Abkhazia (the Peoples Assembly of the Republic of Abkhazia).
The Bank of Abkhazia Chairmen shall be appointed or dismissed by the Peoples Assembly of the Republic of Abkhazia at the proposal of the President of the Republic of Abkhazia.
Bank of Abkhazia within the powers, established by the Constitution of the Republic of Abkhazia and the laws of the Republic of Abkhazia, shall be independent. The bodies of state power and local self-government bodies shall have no right to interfere in the activities of the Bank of Abkhazia on the implementation of its lawful functions and powers, to take decisions that contradict this Law.
The President of the Republic of Abkhazia and the Peoples Assembly of the Republic of Abkhazia shall be informed of interference into the Bank of Abkhazia activities.
The Bank of Abkhazia shall be entitled to refer a claim to court in order to invalidate the legal acts of the bodies of state power and local self-government bodies.
On issues within its competence under this Law and other laws of the Republic of Abkhazia, the Bank of Abkhazia shall issue normative acts binding for the bodies of state power and local self-government bodies and all legal entities and private individuals.
The normative acts of the Bank of Abkhazia shall not contradict the laws of the Republic of Abkhazia and shall not be retroactive. Should the normative acts contradict the current legislation the President of the Republic of Abkhazia or the Peoples Assembly of the Republic of Abkhazia shall cancel these acts.
The normative acts of the Bank of Abkhazia shall come into force after their official release, unless the normative act stipulates otherwise.
Full texts of the Bank of Abkhazia normative acts shall be sent to all registered credit institutions whenever necessary by post or otherwise.
Bank of Abkhazia normative acts may be appealed against in accordance with the legal procedure.
Draft laws and draft normative acts of the bodies of executive power relating to the fulfilment by the Bank of Abkhazia of its functions shall be sent to the Bank of Abkhazia for its appraisal.
The Bank of Abkhazia shall not be entitled to participate in the capital of credit institutions except for the cases established by the law.
The Bank of Abkhazia shall not be entitled to participate in the capital of other organisations if they do not provide support to the activities of the Bank of Abkhazia and its institutions, organisations and employees, except for the cases established by laws.
The Bank of Abkhazia may participate in the capital and activities of international organisations that promote monetary and banking co-operation, including co-operation between central banks of foreign states.
Relations between the Bank of Abkhazia and credit institutions of foreign states are shall be established in compliance with international treaties, laws of the Republic of Abkhazia and interbank agreements.
The Bank of Abkhazia shall have an authorized capital of 370 500 000 rubles.
The Bank of Abkhazia shall create reserves and various funds in the amount necessary for fulfilling its functions, as well as reappraisal fund for currency values operations regardless of profit and loss.
The procedure for the creation and use of Bank of Abkhazia reserves and funds shall be established by its Governing Board.
The National Bank of the Republic of Abkhazia (The Bank of Abkhazia)
The banking system of the Republic of Abkhazia developed independently since the adoption of the laws “On the National Bank of the Abkhaz SSR” and “On Banks and Banking of the Abkhaz SSR” passed by the Supreme Soviet of the Abkhaz SSR on February 28, 1991. The Banking system of the Republic of Abkhazia was founded on the basis of the Abkhaz Republican Bureau of the State Bank of the USSR. These laws made it possible to determine the need for banking institutions in the interests of the economy of Abkhazia.
At the beginning of 1991 with the adoption of these laws the banking system of Abkhazia was presented by the Abkhaz Republican Bureau of the USSR Banks: the State Bank, the Savings Bank, the Promstroibank, the Agrarian Bank and the Zhilsotsbank. The creation of credit institutions was allowed, but the process was governed by the USSR legislation. In essence, the whole banking system was based on a vertical scheme of management and it could not account the interests of regional economic development.
The laws adopted in February 1991 by the Supreme Council of Abkhazia gave the opportunity to create the banking system at the regional level, particularly a network of credit institutions, that could be established by legal entities and private individuals concerned in development of separate branches of the economy as well as the region in whole. By the beginning of the war in Abkhazia (14 August 1992) the banking system was diversified.
The hostilities in Abkhazia destroyed the existing economic potential of the country and resulted in destruction of the well-established banking system.
After the war in Abkhazia out of all pre-existing banks only the Central Bank and four regional banks preserved: one - in Gagra region, two - in Gudauta region and one in Tkuarchal. All other banks were abolished or self-dissolved.
During 1994, the Central Bank of Abkhazia registered thirteen credit institutions, that on the basis of the license proceeded to business in all regions of Abkhazia: in Gagra region - «Gagra-Bank»; in Gudauta region - «Gudauta-Bank» and «Agrarian Bank»; in Sukhum region - Sukhum regional bank «Eshera»; in Sukhum - 5 Banks: «Sukhum-Bank», «Garant-Bank», «Bashnyh-Bank», «Tiko Bank» and «Menatep-Sukhum» (affiliate office of the Bank «Menatep»); in Gulrypsh region - «Prestige»; in Ochamchyra region - «Ochamchyra Commercial Bank»; in Gal region - «Gal-Bank» and in Tkuarchal region - «Tkuarchal-Bank». The same year the Government of Abkhazia authorized the Savings Bank activities.
The National Bank of the Republic of Abkhazia was founded under the decree of the President of the Republic of Abkhazia on 11 February 1995 on the basis of the Central Bank of the Republic of Abkhazia.
The same year the National Bank established the Cash Settlement Center (CSC) that intensified the money turnover in the National economy through the ordering of interbank calculations, as well as the cash flow control through the banking system. During 1995 - 1996 years the National Bank registered three commercial banks: in Sukhum - «Apra-Bank» and «Invest-Bank», in Gudauta region - «Leon-Bank». Thus, by the end of 1996 there operated 16 credit institutions in Abkhazia, seven of which - in Sukhum. In 1998, the Savings Bank activities were legally formalized.
Consummated on January 1, 1999 new laws that regulate banking «On the National Bank of the Republic of Abkhazia (the Bank of Abkhazia)» and «On Banks and Banking» more specifically identified the structure of a bimodal banking system: the National Bank of Abkhazia is at the upper level and credit institutions are at the second level, as well as the tasks and functions of the banking system, the responsibility of credit institutions for infraction of mandatory standards and other indicators established by the National Bank, regulating the activity of credit institutions.
For over 20 years of activities (from 1991 to 2010), 23 credit institutions have been registered by the Bank of Abkhazia, of which 8 credit institutions have been eliminated.
As at January 1, 2011 the banking system is represented by the National Bank of the Republic of Abkhazia, 15 credit institutions, including the Savings Bank of the Republic of Abkhazia.
The wide network of the banking system indicates an increase in banking services, which contributes to expeditious performance of banking transactions by order of clients.