МЕЖДУНАРОДНЫЕ САНКЦИИ В СФЕРЕ БАНКОВСКИХ УСЛУГ ПО ПЕРЕВОДАМ ДЕНЕЖНЫХ СРЕДСТВ КАК ФОРС-МАЖОРНОЕ ОБСТОЯТЕЛЬСТВО

Abstract

International sanctions are restrictive measures of an economic or political nature that are imposed by states or authorized bodies of international organizations against certain countries, organizations, and individuals. The article contains a theoretical and practical analysis of some issues related to the force majeure criteria. Much more attention is paid to the current judicial practice of recognizing foreign sanctions as force majeure, also were raised the issues of releasing banks from liability in the presence of sanctions restrictions on the sphere of banking services related to money transfers. During the period when foreign countries apply large-scale sanctions against the Russian Federation, there are widespread situations when the signed agreements are impossible or difficult to implement. Since sanctions have become the new economic reality, participants of civil circulation try to shift their risks onto partners or banks when conflict situations arise. We think that, most likely, in the future, judicial practice will recognize sanctions as force majeure. In the conditions of the instability of the economic situation, when signing a contract, it is also necessary to describe the circumstances that parties will later consider as force majeure.