INTRODUCTION

According to the Chairman of the Central Bank of the Russian Federation E.S. Nabiullina, innovative companies providing financial services can "drive banks into a trap, because now bankers complain about low rates, strict regulation, and other constraints, and at this time financial technologies have crept up ..."( Zubkov and Shipov 2016).

For the first time, PwC analysts noted the problems of of credit institutions functioning in the context of the emergence of high-tech companies providing banking services in 2014 in the review "The future space of banking: Time for reformation of banking and banks?" (Tekhnologii Doveriya 2014). In this review, the possibility of providing banking services "outside the market", i.e. by entities that are not participants in banking legal relations, has been identified as one of the scenarios for the development of the banking services market. Based on this, the thesis was put forward that in the future the economy will be able to do without banking institutions. From our point of view, this argument is premature today. Naturally, companies providing financial services have had a significant impact on the ecosystem of the financial market, however, the such companies’ activities do not have proper legal support, and they are not ready to take on credit and other risks inherent in banking entities. In addition, these companies do not have the proper level of consumer confidence, which, despite the crisis in the banking sector, is still higher with traditional credit institutions.

Innovative companies in the banking sector today are real participants in banking legal relations. The task of the state regulator is to create the necessary infrastructure for introducing advanced technologies into the existing banking system. At the same time, Fintech technologies for banks are the most important factor in their competitiveness both in the Russian and international financial markets.

REMOTE MAINTENANCE

The increase in the operating activity of credit institutions is the basis for reducing the concentration in the banking services market, while it is possible to achieve this by expanding the use of remote banking service channels. The importance of remote banking services was noted in the joint Statement of the Government of the Russian Federation № 1472п-П13 and the Bank of Russia № 01-001/1280 dd. 05.04.2011 "On the Strategy for the Development of the Banking Sector of the Russian Federation for the Period up to 2015" (hereinafter referred to as the Strategy). Paragraph 3 of Section 8 of the Strategy indicated that remote banking technologies will significantly expand the credit institutions client base and the range of banking services offered. This type of banking service appeared in the late 1990s but still does not have a holistic legal and regulatory framework. At the same time, the entrepreneurial activity of a modern credit institution is unthinkable without the use of remote banking systems.

For most credit institutions, the development of remote banking services is the main form of non-price methods of competition. In many credit institutions, the main aspect of strategic planning is the development of "e-business of the bank" Strategies (Future banking portal 2023). Such Strategies contribute to the development of the bank's business activities through online services and Internet resources, for example, the sale of additional services through the network, mobile applications, service and interaction with customers through instant messengers, social networks, and other communication channels (Novikov 2016).

To date, the rules governing remote banking technologies are fragmented and presented in regulatory legal acts of various levels. The Law “On Banks” provides only for the possibility of a credit institution to use remote technologies, the Federal Law № 149-FZ of 27 July 2006 "On Information, Information Technologies and Information Protection" establishes that a legal entity (including credit institutions) can be an operator of an information system, in addition, the law provides for the right of a legal entity to receive information (Art. 3448). The legislation on personal data provides for the right of credit institutions to process information. A separate group of rules governing remote and other information activities of banks is made up of acts of the Bank of Russia. See, for example, Federal Law № 152-FZ dd. 27 July 2006 "On Personal Data" № 31 (part 1). Art. 3451; Decree of the Government of the Russian Federation № 1119 dd. 01 November 2012 "On Approval of Requirements for Personal Data Protection during their Processing in Personal Data Information Systems" № 45. Art. 6257.

The large number of legal acts regulating remote banking services leads to contradictions in the current legislation, and, consequently, to the problems of ensuring security, and protecting the interests of bank customers and the credit institution itself. As D.G. Alekseeva (2017) claims, each of these documents regulates a particular issue or group of issues and does not form an integral, unified system with other documents. In addition, the current legislation does not contain the very concept of remote banking services. The literature outlines various interpretations of remote banking services, for example, M.E. Gorchakova (2009, p. 5) believes that remote banking services are "providing customers with the opportunity to perform banking transactions without coming to the bank, using various telecommunication channels", while A.A. Tedeev (2005) defines remote banking services as activities in the field of providing electronic financial services by credit and banking institutions, including the activities of credit institutions in the field of electronic payments using bank cards and electronic money systems.