The article describes such operational banking risk as the risk of opportunistic (unfair) behavior on borrowers’ and bank staff’s part. It describes current situation of bank’s risk management as regards to dealing with unfair behavior. Also it describes every risk-forming factor of this type of risk, including a degree of threat generalization (the risk of misconduct is put into multiple risks), its mechanism, objects of potential threat (monetary funds, capital issues, bank information, including credit assessment methods, bank property and potential bank profit), individuals who are involved in the risk and consequences. The particular attention is paid to a participation of a bank staff and financial agents - loan brokers in the implementation of misconduct facts, as on statistical data the presence of these sides of the risk precisely causes maximum harm. Classification of the events’ types that entailed losses, related to the unfair behavior and examples of manifestations of unfair behavior are given in the article on basis of regulatory documentation of The Committee on Banking Supervision of the Bank for international Settlements. The author gives the concept of unfair client of lending agency. The article presents the data of maximum loss received as the result of implementation of the unfair behavior’s fact involving bank staff. The most obvious examples demonstrating the facts of misconduct are given in the article. The author forms the final definition of the opportunistic behavior risk, based on considered characteristics and guidelines for work with risk regarding alteration in legal texts: The Criminal Code of the Russian Federation (hereinafter referred to as CC RF) and the regulations of The Bank of Russia № 254-P.

unfair behavior of borrower, misconduct of bank staff, credit risk, operational risk, bank risk, risk classification

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