Published July 29, 2026 | Version v1

THE CONCEPT AND ESSENCE OF COMPLIANCE IN CREDIT ORGANIZATIONS AS A TOOL FOR MINIMIZING LEGAL RISKS

  • 1. ROR icon The Russian Presidential Academy of National Economy and Public Administration
  • 2. ROR icon National Research University Higher School of Economics

Description

The relevance of the study is due to the dynamic development of the banking sector, the growth of cashless payments and e-commerce, which is accompanied by a tenfold increase in the number of financial crimes and the emergence of new fraudulent schemes. In these conditions, compliance in credit institutions becomes crucial as a tool for preventing legal, regulatory, and reputational risks. At the same time, the lack of a legal definition of compliance, the contradictions between the mandatory requirements in the field of AML/CFT and the dispositive norms on anti-corruption compliance, as well as the conflict between the public legal obligations of banks and the private legal interests of customers, create legal uncertainty that requires scientific analysis. The purpose of this article is to provide a comprehensive theoretical and legal analysis of the concept and essence of compliance in credit organizations, and to identify the legal and organizational challenges in its implementation in the context of harmonizing Russian legislation with international standards. This paper examines issues such as the distinction between anti-corruption compliance and AML/CFT compliance, regulatory gaps, the lack of standardized terminology, and the imbalance between banks’ control functions and clients’ rights. The methodological framework is based on dialectical, systemic-structural, formal-legal, and comparative-legal methods. The main part of the article analyzes regulatory acts (Federal Law No. 115-FZ, Bank of Russia regulations), international standards (FATF recommendations, Basel Committee documents, and the Wolfsberg Principles), organizational internal control mechanisms, client and beneficial owner identification procedures, and the types of risks mitigated by a compliance system. The conclusions substantiate that compliance is a dynamic, integrated system that requires constant adaptation to changing threats. Promising areas for improvement include legislatively defining compliance, synchronizing anti-corruption and AML/CFT regulations, further developing a riskbased approach, and improving the professional qualifications of specialists.

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