Regulations on the national payment system. The structure of the national payment system according to the norms of the law

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Translations Money are carried out in the Russian Federation in accordance with 161-FZ "On the National Payment System". The essence of this normative act is to establish the organizational foundations of the NPS. The document also regulates the procedure for carrying out monetary transactions. Changes made to 161-FZ "On the National Payment System" affected the electronic means used in making transfers. Let's take a closer look at some of the rules.

General information

The national payment system 161-FZ is defined as a set of operators performing Money transfers, agents and postal organizations. The provision of services is carried out in accordance with the contracts. They are concluded with customers and between operators. The transfer of funds is carried out within the framework of the used forms of non-cash transfer, in accordance with the requirements of the regulatory acts of the Russian Federation.

Features of participation in the NPS

161 "O determines that bank subagents provide money transfer services in accordance with contracts. They are issued with operators and agents. At the same time, the requirements of Article 14 161-FZ "On the National Payment System" must be met. Postal organizations have the right to provide services for money transfer in accordance with regulation No. 176 dated 17.07.1999-07.07.1999. Paying agents participate in the system in accordance with the rules established by Federal Law No. 103 dated 03.06.2009.

Translation rules

161-FZ "On the National Payment System" provides that the provision of services by the operator is carried out on the basis of the client's order. They can be both the recipient and the sender of funds. The order must be executed in accordance with the rules provided for the applicable form of non-cash transfer. The transfer is carried out at the expense of the payer. They can be on his individual account or provided to them without opening an account. The funds received from the client are credited to the addressee's account or given to him in cash. The transfer can be carried out by accounting for money in favor of the addressee without opening an account. This situation occurs, in particular, when transferring electronic money.

161-FZ "On the national payment system": clarifications

It is not a transfer that a client deposits cash into his own bank account or receives funds from it from one operator. The term for crediting money when providing services, according to 161-FZ, should not exceed three business days from the moment they are debited from the account or from the date the money is provided by the client. In addition to the operator, intermediaries may participate in the transfer of funds. Unless otherwise stipulated by the form of non-cash transfer used or by federal law, the irrevocable transfer occurs at the moment the money is debited from the account or provided by the client. The exception is the movement of electronic means. The unconditionality of the transfer, in accordance with 161-FZ "On the National Payment System", comes from the moment the conditions specified by the client are fulfilled. This rule also applies to cases of cross-submission of documents, transfers in another currency, transfer of financial instruments ( valuable papers). The finality of the transfer, if the client is serviced by one operator, occurs at the time of depositing funds to the recipient's account or providing the possibility of issuing them in cash. This rule does not apply to electronic money transfers. If the client is serviced by different operators, the finality of the transfer occurs when the funds are credited to the recipient's operator's account. In this case, the requirements of Art. 25 161-FZ "On the national payment system".

Operator obligations

They stop at the moment of the finality of the transfer. Before crediting funds to the recipient's account or issuing them in cash, the operator must provide customers with the opportunity to familiarize themselves with information about the conditions for the provision of services. The information must be understandable. Familiarization is carried out with:

The size of the commission and the procedure for its collection, if it is provided for in the contract.
The method of determining the exchange rate when making a transfer in foreign currency.
Procedure for submitting claims.
Other information relevant to the provision of payment services.

Features of transfers at the request of the recipient

In case of direct debiting, the operator, in accordance with the agreement with the payer, writes off funds from his account with his consent (acceptance) upon the order received. The right to make a claim must be provided for by agreement with the recipient. The payer can give consent before the receipt of the order or after that. Acceptance may be provided for in an agreement with the operator or issued in a separate document (message). The client has the right to consent to one or more recipients or claims. The order can be sent directly to the operator or through him. In the absence of prior acceptance, the serving entity must submit a request for consent no later than the day following the receipt of the message. If it was given in advance, and the recipient's order complies with its conditions, it must be carried out. The term and amount of performance is established by acceptance. If the requirements of the recipient contradict the terms of the consent of the payer or there is no way to verify them, the operator must return the order without execution. The contract may establish the obligation of the servicing entity in this case to request acceptance.

161-FZ "On the national payment system": article 9

The normative act under consideration provides for provisions regulating the rules for the use of electronic means. It is carried out in accordance with the contract. The agreement is concluded between the operator and the client or only between the first. The service provider has the right to refuse to execute the contract.

General order

Before concluding an agreement on the use of electronic payment instruments, the operator must inform the client of all conditions. In particular, familiarization is carried out with any restrictions, as well as cases of increased risk of operations. The Operator is also obliged to inform about each transfer of electronic funds. To do this, a notification is sent to the client. The rules for its execution and sending are established in the contract. It is also the responsibility of the operator to ensure the possibility of sending a notification about the loss of an electronic payment instrument or its use in the absence of the consent of the client. All notices must be recorded and relevant information kept for three years. The operator is obliged to provide information and documents related to the use of an electronic payment instrument by the client. The rules under which this is carried out are determined by the contract. The operator must also consider applications in the event of disputes, including those relating to the use of an electronic payment instrument. The client should be given the opportunity to receive information about the results of the proceedings on his appeals.

Termination/suspension of the use of the electronic means

161-FZ allows these actions if there is a notification received from the client. Termination/suspension of use can also be initiated by the operator. In the latter case, this is allowed when the client commits a violation of the rules established in the contract. Termination/suspension of use does not eliminate the obligations of the operator and the client to transfer money, if they arose before the relevant decision was made.

Additionally

In case of loss or use of an electronic payment instrument without the consent of the client, he must send a notification about this to the operator. The form of the notice is determined by the contract. The notification shall be sent immediately after the discovery of the relevant fact and no later than the day following the day of receipt of information about the unauthorized operation. After receiving the notice, the operator must compensate the client for the amount written off without his consent.

Nuances

If the operator does not fulfill the obligations related to informing the client about the operations performed in accordance with Part 4 of Art. 9 of the law in question, he is obliged to reimburse the amounts, the write-off of which the user was not notified and which were transferred without his consent. If the service entity sent notifications in accordance with the requirements of the regulatory act, and the client did not send him messages in accordance with the rules of Part 11 of Art. 9, compensation is not provided. If the operator fulfills the obligation related to informing the individual user about the operation performed under part 4, and the citizen, in turn, sent a notice in accordance with part 11, the first is obliged to reimburse the amount debited without consent until the individual sends a message about unauthorized actions. In this case, compensation is assigned if the servicing entity does not prove that the client violated the rules for using an electronic payment instrument, which led to the corresponding consequences. There are exceptions to this rule, however.

The provisions of part 15 of article 9 of the normative act under consideration, concerning the obligation of the operator to reimburse the individual client for the amount of the operation carried out without his consent, until the moment he sends the appropriate notification, do not apply to cases of using an electronic payment instrument provided for in Part 4 of Art. 10.

electronic money

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT THE NATIONAL PAYMENT SYSTEM

Article 9. Procedure for using electronic means of payment

1. The use of electronic means of payment is carried out on the basis of an agreement on the use of an electronic means of payment concluded by a money transfer operator with a client, as well as agreements concluded between money transfer operators.

2. The money transfer operator has the right to refuse the client to conclude an agreement on the use of an electronic means of payment.

3. Prior to concluding an agreement with the client on the use of an electronic means of payment, the money transfer operator shall inform the client about the conditions for using the electronic means of payment, in particular about any restrictions on the methods and places of use, cases of increased risk of using the electronic means of payment.

4. The money transfer operator is obliged to inform the client about the completion of each transaction using an electronic means of payment by sending a corresponding notification to the client in the manner prescribed by the agreement with the client.

5. The money transfer operator is obliged to ensure that the client sends him a notification about the loss of an electronic means of payment and (or) about its use without the consent of the client.

6. The money transfer operator is obliged to record the notifications sent to the client and received from the client, as well as to store the relevant information for at least three years.

7. The money transfer operator is obliged to provide the client with documents and information related to the use by the client of his electronic means of payment, in the manner prescribed by the agreement.

8. The money transfer operator is obliged to consider the client's applications, including in the event of disputes related to the use by the client of its electronic means of payment, and also provide the client with the opportunity to receive information on the results of consideration of applications, including in writing at the request of the client, within the period established by the agreement, but not more than 30 days from the date of receipt of such applications, and also not more than 60 days from the date of receipt of applications in the case of using an electronic means of payment for cross-border transfer of funds.

9. The use of an electronic means of payment by the client may be suspended or terminated by the money transfer operator on the basis of a notification received from the client or at the initiative of the money transfer operator if the client violates the procedure for using the electronic means of payment in accordance with the agreement.

10. Suspension or termination of the use by the client of an electronic means of payment does not terminate the obligations of the client and the operator for the transfer of funds that arose before the moment of suspension or termination of the said use.

11. In case of loss of an electronic means of payment and (or) its use without the consent of the client, the client is obliged to send an appropriate notification to the money transfer operator in the form provided for in the contract immediately after discovering the fact of loss of the electronic means of payment and (or) its use without the consent of the client, but no later than the day following the day of receipt from the money transfer operator of the notification of the transaction.

12. After the money transfer operator receives the client's notification in accordance with paragraph 11 of this article, the money transfer operator is obliged to reimburse the client for the amount of the operation performed without the client's consent after receiving the said notification.

13. If the money transfer operator fails to fulfill the obligation to inform the client about the completed transaction in accordance with paragraph 4 of this article, the money transfer operator is obliged to reimburse the client for the amount of the transaction, about which the client was not informed and which was completed without client's consent.

14. If the money transfer operator fulfills the obligation to inform the client about the transaction in accordance with part 4 of this article and the client has not sent a notification to the money transfer operator in accordance with part 11 of this article, the money transfer operator shall not is obliged to reimburse the client for the amount of the operation performed without the consent of the client.

15. If the money transfer operator fulfills the obligation to notify the client - individual about the operation performed in accordance with part 4 of this article and the client - an individual sent a notification to the money transfer operator in accordance with part 11 of this article, the money transfer operator must reimburse the client for the amount of the specified operation performed without the client's consent before the client sends - an individual notification. In this case, the money transfer operator is obliged to reimburse the amount of the transaction performed without the consent of the client, unless he proves that the client violated the procedure for using the electronic means of payment, which led to the transaction without the consent of the client - an individual.

16. The provisions of part 15 of this article regarding the obligation of the money transfer operator to reimburse the amount of the transaction made without the consent of the client until the moment the client - an individual sends a notification, shall not apply in the event that the client - an individual uses an electronic means of payment provided for by part 4 Article 10 of this Federal Law.

The full text of the Federal Law of June 27, 2011 N 161-FZ (as amended on December 29, 2014) "On the National Payment System" can be viewed or downloaded

2. A client - an individual can provide funds to an electronic money operator using a bank account or without using a bank account, as well as from funds provided using bank accounts by other individuals in cases of identification or simplified identification of a client - an individual in accordance with the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism", by legal entities or individual entrepreneurs to the electronic money operator in favor of such a client - an individual, if the agreement between the electronic money operator and the client - an individual provides for such a possibility.

3. A client - a legal entity or an individual entrepreneur - provides funds to an electronic money operator only using his/her bank account.

4. The electronic money operator records the client's funds by creating an entry reflecting the amount of the obligations of the electronic money operator to the client in the amount of funds provided (hereinafter referred to as the electronic money balance).

5. The electronic money operator is not entitled to provide the client with funds to increase the client's electronic money balance on the basis of an agreement consumer credit(loan).

6. The electronic money operator is not entitled to accrue interest on the client's electronic money balance.

7. The transfer of electronic funds is carried out on the basis of the instructions of the payers in favor of the recipients of funds. In cases stipulated by agreements between the payer and the electronic money operator, between the payer and the recipient of funds, the transfer of electronic funds can be carried out on the basis of the requirements of the recipients of funds in accordance with Article 6 of this Federal Law, taking into account the specifics of the transfer of electronic funds, except for cases where electronic means of payment provided for by Part 4 of Article 10 of this Federal Law.

8. Transfer of electronic money may be carried out between payers and recipients of funds who are clients of one electronic money operator or several electronic money operators.

8.1. When transferring electronic money, a client - an individual can act as a payer in favor of legal entities, individual entrepreneurs, as well as subject to the use by a client - an individual of an electronic means of payment specified in Part 2 of Article 10 of this Federal Law, or subject to a simplified identification of the specified individual, have the right to transfer funds to another individual - the recipient of funds.

9. When transferring electronic money, legal entities or individual entrepreneurs may be recipients of funds, as well as payers if the recipient of funds is an individual using electronic means of payment specified in Part 2 of Article 10 of this Federal Law, or an individual who has passed simplified identification process.

10. The transfer of electronic money, with the exception of cases provided for in Part 9.1 of Article 9 of this Federal Law, is carried out by simultaneously accepting the client's order by the electronic money operator, reducing the balance of the payer's electronic money and increasing the balance of the recipient's electronic money by the amount of the transfer electronic money or within the period provided for by paragraph 11 of this article.

11. The transfer of electronic money using a prepaid card is carried out within a period of not more than three business days after the operator of electronic money accepts the client's order, if more short term is not provided for by the agreement concluded by the electronic money operator with the client, or by the rules of the payment system.

12. An agreement concluded by an electronic money operator with a client may provide for the possibility for the payer - an individual and the recipient of funds - a legal entity or an individual entrepreneur to use electronic means of payment, when the actions specified in part 10 of this article are not carried out simultaneously (hereinafter - autonomous mode of using an electronic means of payment). In this case, the recipient of funds is obliged to transmit information about the transactions performed to the electronic money operator on a daily basis for its accounting no later than the end of the working day of the electronic money operator. This part applies to electronic money transfers using a prepaid card, unless otherwise provided by the agreement concluded by the electronic money operator with the recipient of funds or with the money transfer operator, or by the rules of the payment system.

13. The electronic money operator, immediately after the execution of the client's order to make an electronic money transfer, sends the client a confirmation of the execution of the specified order.

14. In the case of an offline mode of using an electronic means of payment, the electronic money operator sends to the payer and, in the case provided for by the agreement, to the recipient of the means of confirmation of the transfer of electronic funds immediately after the electronic money operator takes into account the information received in accordance with part 12 of this article. This part applies to electronic money transfers using a prepaid card, unless otherwise provided by the agreement concluded by the electronic money operator with the recipient of funds or with the money transfer operator, or by the rules of the payment system.

15. An electronic money transfer becomes irrevocable and final after the electronic money operator performs the actions specified in parts 10 or 11 of this article.

16. In the case of an offline use of an electronic means of payment, an electronic money transfer becomes irrevocable at the time the client uses the electronic means of payment in accordance with the requirements of part 12 of this article and final after the electronic money operator takes into account the information received in accordance with part 12 of this article.

17. The payer's monetary obligation to the recipient of funds shall terminate upon the finalization of the transfer of electronic funds.

18. In the case of an offline mode of using an electronic means of payment, the payer's monetary obligation to the recipient of funds shall terminate at the time of the irrevocable transfer of electronic funds.

19. The electronic money operator keeps records of information on electronic money balances and completed electronic money transfers on an ongoing basis.

20. In addition to the transfer of electronic funds, the funds accounted for by the electronic money operator as the balance (its part) of the electronic money of the client - an individual using the electronic means of payment provided for by Part 4 of Article 10 of this Federal Law, may be at his disposal transferred to a bank account in favor of legal entities, individual entrepreneurs, aimed at fulfilling the obligations of a client - an individual to credit institution, and also, if the specified client has passed the simplified identification procedure, transferred to the bank accounts of individuals or issued to him in cash in case of using a prepaid card, provided that the total amount of cash issued does not exceed 5 thousand rubles within one calendar day and 40 thousand rubles within one calendar month.

21. In addition to the transfer of electronic funds, the funds accounted for by the electronic money operator as the balance (its part) of the electronic money of the client - an individual using the electronic means of payment provided for by Part 2 of Article 10 of this Federal Law, may be at his disposal transferred to a bank account, aimed at fulfilling the obligations of a client - an individual to a credit institution, transferred without opening a bank account or issued in cash.

22. In addition to the transfer of electronic funds, the balance (its part) of the electronic funds of a client - a legal entity or an individual entrepreneur can be credited or transferred at his order only to his bank account.

23. The client - a legal entity or an individual entrepreneur is obliged to have a bank account opened with an electronic money operator to transfer the balance (its part) of electronic money, or provide him with information about the bank account of this legal entity or individual entrepreneur opened with another credit institution , to which the balance (its part) of electronic money can be transferred.

24. Transfers of electronic funds in foreign currency between residents, transfers of electronic funds in foreign currency and the currency of the Russian Federation between residents and non-residents, as well as transfers of electronic funds in foreign currency and the currency of the Russian Federation between non-residents are subject to the requirements of the currency legislation Russian Federation, acts of currency regulation bodies and acts of currency control bodies. The concepts and terms used in this paragraph shall be used in the sense in which they are used in Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control", unless otherwise provided by this Federal Law.

25. Before concluding an agreement with a client, an electronic money operator is obliged to provide him with the following information:

1) on the name and location of the electronic money operator, as well as on the number of its license for banking operations;

2) on the conditions for using an electronic means of payment, including offline;

3) on the methods and places of the transfer of electronic funds;

4) on the methods and places of provision of funds by the client to the electronic money operator;

5) on the amount and procedure for collection by the electronic money operator of remuneration from the client in case of collection of remuneration;

6) on the methods of filing claims and the procedure for their consideration, including information for contacting the electronic money operator.

Judicial practice under article 7 of the Federal Law of 06/27/2011 No. 161-FZ

7 ... in one legislative and legal act there is NO such word as "LOANS" or "RIGHTS TO ISSUE A LOAN" to credit organizations, moreover, it is even prohibited, according to Article 7 of the Federal Law "On the National Payment System" dated DD.MM.YYYY No. 161-FZ (last edition) LOAN IS PROHIBITED Art. 5 of the Law on banks and banking activity No. as amended ...

Chapter 1.General provisions

Article 1 Subject of regulation of this Federal Law

Real the federal law establishes the legal and organizational framework of the national payment system, regulates the procedure for the provision of payment services, including the transfer of funds, the use of electronic means of payment, the activities of the subjects of the national payment system, and also determines the requirements for the organization and functioning of payment systems, the procedure for supervision and supervision in the national payment system.

Article 2 Legal regulation of relations in the national payment system

1. The legislation of the Russian Federation on the national payment system is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of this Federal Law and other federal laws.

2. The Government of the Russian Federation and federal executive authorities, within the limits of their authority in cases provided for by this Federal Law and other federal laws, may adopt regulatory legal acts for the purpose of regulating relations in the national payment system.

3. The Central Bank of the Russian Federation (Bank of Russia), within the limits of its authority in the cases provided for by this Federal Law and other federal laws, may adopt regulations to regulate relations in the national payment system.

Article 3 Basic concepts used in this Federal Law

The following basic concepts are used in this Federal Law:

1) national payment system - a set of money transfer operators (including electronic money operators), bank payment agents (subagents), payment agents, federal postal organizations when they provide payment services in accordance with the legislation of the Russian Federation, payment system operators, operators of payment infrastructure services (subjects of the national payment system);

2) money transfer operator - an organization that, in accordance with the legislation of the Russian Federation, has the right to transfer money;

3) electronic money operator - a money transfer operator that transfers electronic money without opening a bank account (electronic money transfer);

4) bank paying agent - a legal entity, with the exception of a credit institution, or an individual entrepreneur who is engaged by a credit institution for the purpose of carrying out the activities provided for by this Federal Law;

5) bank payment subagent - a legal entity, with the exception of a credit institution, or an individual entrepreneur who is engaged by a bank payment agent in order to carry out the activities provided for by this Federal Law;

6) payment system operator - an organization that determines the rules of the payment system, as well as performs other duties stipulated by this Federal Law;

7) operator of payment infrastructure services - an operation center, a payment clearing center and a settlement center;

8) transaction center - an organization that provides, within the framework of the payment system, for participants in the payment system and their customers access to money transfer services, including using electronic means of payment, as well as the exchange of electronic messages (hereinafter referred to as operational services);

9) payment clearing center - an organization established in accordance with the legislation of the Russian Federation, which ensures, within the framework of the payment system, the acceptance for execution of instructions from participants in the payment system on the transfer of funds and the performance of other actions provided for by this Federal Law (hereinafter referred to as payment clearing services);

10) central payment clearing counterparty - a payment clearing center acting in accordance with this Federal Law as a payer and recipient of funds for money transfers of payment system participants;

11) settlement center - an organization established in accordance with the legislation of the Russian Federation, which ensures, within the framework of the payment system, the execution of orders of participants in the payment system by debiting and crediting funds to bank accounts of participants in the payment system, as well as sending confirmations regarding the execution of instructions of participants in the payment system ( hereinafter - settlement services);

12) funds transfer - the actions of the operator for the transfer of funds within the framework of the applicable forms of non-cash settlements to provide the payer's funds to the recipient;

13) cross-border transfer of funds - a transfer of funds, in the course of which the payer or recipient of funds is located outside the Russian Federation, and (or) a transfer of funds, in the implementation of which the payer or recipient of funds is served by a foreign central (national) bank or a foreign bank;

14) irrevocable transfer of funds - a characteristic of a transfer of funds, indicating the absence or termination of the possibility of revoking an instruction to transfer funds at a certain point in time;

15) unconditional transfer of funds - a characteristic of the transfer of funds, indicating the absence of conditions or the fulfillment of all conditions for the transfer of funds at a certain point in time;

16) the finality of the transfer of funds - a characteristic of the transfer of funds, denoting the provision of funds to the recipient of funds at a certain point in time;

17) payment service - money transfer service, postal transfer service and payment acceptance service;

18) electronic money - money that is previously provided by one person (the person who provided the money) to another person, taking into account the information on the amount of the money provided without opening a bank account (obligated person), to fulfill the monetary obligations of the person who provided the money, to third parties and in respect of which the person who provided the funds has the right to transfer orders exclusively using electronic means of payment. At the same time, funds received by organizations engaged in professional activities in the securities market, clearing activities and (or) activities for the management of investment funds, mutual investment funds and non-state pension funds and accounting for information on the amount of funds provided without opening a bank account in accordance with the legislation governing the activities of these organizations;

19) electronic means of payment - a means and (or) method that allows the client of the money transfer operator to draw up, certify and transmit orders in order to transfer funds within the applicable forms of cashless payments using information and communication technologies, electronic media, in including payment cards, as well as other technical devices;

20) payment system - a set of organizations interacting according to the rules of the payment system in order to transfer funds, including the payment system operator, payment infrastructure service providers and payment system participants, of which at least three organizations are money transfer operators;

21) significant payment system - a payment system that meets the criteria established by this Federal Law (systemically important payment system or socially significant payment system);

22) payment system rules - a document (documents) containing (containing) the conditions for participation in the payment system, the transfer of funds, the provision of payment infrastructure services and other conditions determined by the payment system operator in accordance with this Federal Law;

23) participants of the payment system - organizations that have acceded to the rules of the payment system in order to provide services for the transfer of funds;

24) exchange of electronic messages - receipt by the operational center of electronic messages containing instructions of participants in the payment system, transmission of these messages to the payment clearing center, settlement center, as well as transmission of notifications (confirmations) on the acceptance and execution of instructions of participants in the payment system;

25) payment clearing positions - the amounts of funds to be debited and credited by the settlement center to the bank accounts of the payment system participants.

Chapter 2 The procedure for the provision of payment services, including the transfer of funds, and the use of electronic means of payment

Article 4 Procedure for the provision of payment services

1. The money transfer operator provides money transfer services on the basis of agreements concluded with clients and between money transfer operators, within the framework of the applicable forms of cashless payments in accordance with the requirements of the legislation of the Russian Federation.

2. Bank payment agents and bank payment sub-agents participate in the provision of money transfer services on the basis of agreements concluded with money transfer operators and bank payment agents, respectively, in accordance with the requirements of Article 14 of this Federal Law.

3. Federal postal organizations provide postal money transfer services in accordance with the requirements of Federal Law No. 176-FZ of July 17, 1999 "On Postal Communications".

4. Paying agents provide services for accepting payments in accordance with Federal Law No. 103-FZ of June 3, 2009 "On the activities of accepting payments from individuals carried out by paying agents".

Article 5 The procedure for the transfer of funds

1. The money transfer operator shall transfer funds at the order of the client (payer or recipient of funds), executed in the framework of the applicable form of non-cash payments (hereinafter referred to as the client's order).

2. The transfer of funds is carried out at the expense of the payer's funds in his bank account or provided by him without opening a bank account.

3. Transfer of funds is carried out within the framework of the applicable forms of non-cash settlements by crediting funds to the bank account of the recipient of funds, issuing cash to the recipient of funds or accounting for funds in favor of the recipient of funds without opening a bank account when transferring electronic funds.

4. Depositing cash into your bank account or receiving cash from your bank account with one money transfer operator is not a money transfer.

5. The transfer of funds, with the exception of the transfer of electronic funds, is carried out within a period of no more than three business days starting from the day the funds are debited from the payer's bank account or from the day the payer provides cash for the purpose of transferring funds without opening a bank account.

6. Along with the money transfer operator serving the payer and the money transfer operator serving the recipient of funds, other money transfer operators (hereinafter referred to as transfer intermediaries) may participate in the transfer of funds.

7. Unless otherwise stipulated by the applicable form of non-cash payments or federal law, the irrevocability of a money transfer, with the exception of an electronic money transfer, begins from the moment the funds are debited from the payer's bank account or from the moment the payer provides cash for the purpose of transferring funds without opening a bank account.

8. The unconditionality of the transfer of funds occurs at the moment the payer and (or) the recipient of funds or other persons fulfill the conditions for the transfer of funds, including the implementation of the counter transfer of funds in another currency, the counter transfer of securities, the presentation of documents, or in the absence of the specified conditions.

9. If the payer of funds and the recipient of funds are served by one money transfer operator, the finality of the transfer of funds, except for the transfer of electronic funds, occurs at the time the funds are credited to the bank account of the recipient of funds or the recipient of funds is provided with the opportunity to receive cash funds.

10. If the payer of funds and the recipient of funds are served by different money transfer operators, the finality of the money transfer occurs at the time the funds are credited to the bank account of the money transfer operator serving the recipient of funds, subject to the requirements of Article 25 of this Federal Law .

11. When transferring funds, the obligation of the money transfer operator serving the payer to the payer is terminated at the moment of its finality.

12. Before making a money transfer, the money transfer operator is obliged to provide customers with the opportunity to familiarize themselves in a form accessible to them with the conditions for making a money transfer within the framework of the applicable form of cashless payments, including:

1) with the amount of remuneration and the procedure for its collection, if it is provided for by the contract;

2) with the method of determining the exchange rate used when transferring funds in foreign currency (if the currency of the funds provided by the payer differs from the currency of the transferred funds);

3) with the procedure for filing claims, including information for contacting the money transfer operator;

4) with other information, conditioned by the applied form of non-cash payments.

13. The client is obliged to provide the money transfer operator with reliable information for contacting the client, and in case of its change, provide updated information in a timely manner. The obligation of the money transfer operator to send the notifications provided for by this Federal Law to the client shall be considered fulfilled when the notification is sent in accordance with the information available to the money transfer operator for communication with the client.

Article 6 Features of the transfer of funds at the request of the recipient of funds

1. When making non-cash settlements in the form of money transfers at the request of the recipient of funds (direct debit), the money transfer operator, on the basis of an agreement with the payer, debits funds from the payer's bank account with his consent (payer's acceptance) at the order of the recipient of funds (hereinafter - requirement of the recipient of funds).

2. The right of the recipient of funds to make claims against bank account of the payer must be stipulated by the agreement between the money transfer operator serving the payer and the payer.

3. The payer's acceptance may be given before the receipt of the payee's request (the payer's acceptance in advance) or after it is received by the money transfer operator servicing the payer. The payer's acceptance may be given in an agreement between the money transfer operator servicing the payer and the payer, or in the form of a separate document or message.

4. The payer's acceptance may be given in respect of one or more recipients of funds, one or more claims of the recipient of funds.

5. The request of the recipient of funds may be sent directly to the money transfer operator serving the payer or through the operator for the transfer of funds serving the recipient of funds.

6. If there is no prior acceptance by the payer, the money transfer operator shall transfer the received request of the recipient of funds for acceptance to the payer no later than the day following the day of receipt of the request of the recipient of funds.

7. The payer's acceptance must be given within five working days, unless a shorter period is provided by the agreement between the money transfer operator and the payer.

8. Upon acceptance of the payer, the claim of the recipient of funds shall be fulfilled in the amount of the payer's acceptance.

9. Acceptance of the payer in part of the amount of the demand of the recipient of funds (partial acceptance of the payer) is allowed, unless otherwise provided by the agreement between the money transfer operator and the payer.

10. In case of partial acceptance of the payer, the money transfer operator is obliged to indicate this when confirming the funds to the recipient of the fulfillment of his demand.

11. If the payer refuses to accept or does not receive an acceptance in set time the claim of the recipient of funds is subject to return to the recipient of funds, indicating the reason for the return.

12. Upon receipt of the claim of the recipient of funds with a pre-given acceptance of the payer, the money transfer operator serving the payer is obliged to check the compliance of the claim of the recipient of funds with the conditions of the pre-given acceptance of the payer.

13. If the requirement of the recipient of funds complies with the conditions of the payer's pre-existing acceptance, it is executed in the amount and within the time period stipulated by the conditions of the pre-existing acceptance of the payer.

14. If the requirements of the recipient of funds do not comply with the conditions of the previously given acceptance of the payer or it is impossible to verify them, the money transfer operator serving the payer is obliged to return the demand of the recipient of funds without execution, unless the contract provides for the obligation of the operator servicing the payer for the transfer of funds in this case to request the acceptance of the payer.

15. The money transfer operator is obliged to send the payer a notice of the execution of the demand of the recipient of funds no later than the day following the day of execution.

Article 7 Features of the transfer of electronic funds

1. When making non-cash payments in the form of an electronic money transfer, the client provides funds to the electronic money operator on the basis of an agreement concluded with him.

2. An individual client may provide funds to an electronic money operator using his/her bank account or without using a bank account.

3. A client - a legal entity or an individual entrepreneur - provides funds to an electronic money operator only using his/her bank account.

4. The electronic money operator takes into account the funds provided by the client by creating an entry reflecting the amount of the obligations of the electronic money operator to the client in the amount of funds provided by him (hereinafter - the balance of electronic funds).

5. The electronic money operator is not entitled to provide the client with funds to increase the client's electronic money balance.

6. The electronic money operator is not entitled to accrue interest on the balance of electronic money or pay any remuneration to the client.

8. Transfer of electronic money may be carried out between payers and recipients of funds who are clients of one electronic money operator or several electronic money operators.

10. The transfer of electronic money is carried out by simultaneously accepting the client's order by the electronic money operator, reducing the balance of the payer's electronic money and increasing the balance of the recipient's electronic money by the amount of the transfer of electronic money.

11. The transfer of electronic money is carried out immediately after the acceptance of the client's order by the electronic money operator.

13. The electronic money operator, immediately after the execution of the client's order to make an electronic money transfer, sends the client a confirmation of the execution of the specified order.

15. An electronic money transfer becomes irrevocable and final after the electronic money operator performs the actions specified in part 10 of this article.

17. The payer's monetary obligation to the recipient of funds shall terminate upon the finalization of the transfer of electronic funds.

19. The electronic money operator keeps records of information on electronic money balances and completed electronic money transfers on an ongoing basis.

20. In addition to the transfer of electronic funds, the balance (its part) of the electronic funds of the client - an individual using the electronic means of payment provided for by Part 4 of Article 10 of this Federal Law, can be transferred at his order only to a bank account. Such a balance (its part) of the electronic money of a client - an individual cannot be issued in cash.

21. In addition to the transfer of electronic money, the balance (its part) of the electronic money of the client - an individual using the electronic means of payment provided for by Part 2 of Article 10 of this Federal Law, can be transferred at his order to a bank account, transferred without opening a bank account or issued in cash.

25. Before concluding an agreement with an individual client, an electronic money operator must provide him with the following information:

1) on the name and location of the electronic money operator, as well as on the number of its license for banking operations;

2) on the conditions for using an electronic means of payment, including offline;

3) on the methods and places of the transfer of electronic funds;

4) on the methods and places of providing funds by a client - an individual to an electronic money operator;

5) on the amount and procedure for collection by the electronic money operator of remuneration from an individual in case of collection of remuneration;

6) on the methods of filing claims and the procedure for their consideration, including information for contacting the electronic money operator.

Article 8 Order of the client, the procedure for its acceptance for execution and execution

1. The client's order must contain information that allows the transfer of funds within the framework of the applicable forms of non-cash payments (hereinafter referred to as transfer details). The list of transfer details is established by the regulations of the Bank of Russia, the regulations of the federal executive authorities and the agreement concluded by the money transfer operator with the client or between the money transfer operators.

2. The client's instruction may be transmitted, accepted for execution, executed and stored in electronic form, unless otherwise provided by the legislation of the Russian Federation, Bank of Russia regulations, regulations of the Russian Federation or an agreement concluded by a money transfer operator with a client or between operators on money transfer.

3. The money transfer operator has the right to draw up an order on its own behalf for the execution of the client's order.

4. When accepting a client’s order for execution, the money transfer operator must verify the client’s right to dispose of the funds, check the transfer details, the sufficiency of funds to execute the client’s order, and also perform other procedures for accepting clients’ orders for execution, provided for by the legislation of the Russian Federation.

5. If the client's right to dispose of the funds is not certified, and also if the transfer details do not meet the established requirements, the money transfer operator does not accept the client's order for execution and sends the client a notification about this no later than the day following the day the client's order was received.

6. The sufficiency of funds in the client's bank account for the execution of his order is determined in the manner established by the Bank of Russia regulations. If the funds on the client’s bank account are insufficient, the money transfer operator does not accept the client’s order for execution, unless otherwise provided by the legislation of the Russian Federation and the contract, and also sends the client a notification about this no later than the day following the day the client’s order was received .

7. If the funds are insufficient, the client's order to transfer funds without opening a bank account, including the transfer of electronic funds, is not accepted for execution by the money transfer operator and the client is immediately notified of this.

8. Acceptance of the client's order for execution is confirmed by the money transfer operator to the client in the manner prescribed by the legislation of the Russian Federation or the agreement.

9. The client's order may be revoked by the client before the irrevocable transfer of funds occurs in the manner prescribed by the legislation of the Russian Federation and the agreement.

10. The client's order is executed by the money transfer operator within the applicable forms of non-cash payments in the amount specified in the client's order. The money transfer operator's fee (if charged) cannot be deducted from the money transfer amount, except in cases of cross-border money transfers.

11. The execution of the client's order is confirmed by the operator for the transfer of funds to the client in the manner prescribed by the legislation of the Russian Federation and the contract.

12. The provisions of this article shall also apply in case of acceptance and execution of orders by intermediaries in the transfer and in the event that money transfer operators draw up orders on their own behalf for the purpose of executing clients' orders within the applicable forms of cashless payments, taking into account the specifics provided for by the legislation of the Russian Federation and agreements between money transfer operators.

Article 9 Procedure for using electronic means of payment

2. The money transfer operator has the right to refuse the client to conclude an agreement on the use of an electronic means of payment.

5. The money transfer operator is obliged to ensure that the client sends him a notification about the loss of an electronic means of payment and (or) about its use without the consent of the client.

6. The money transfer operator is obliged to record the notifications sent to the client and received from the client, as well as to store the relevant information for at least three years.

15. If the money transfer operator fulfills the obligation to notify the client - an individual about the transaction in accordance with part 4 of this article and the client - an individual sent a notification to the money transfer operator in accordance with part 11 of this article, the operator for the transfer of funds must reimburse the client for the amount of the specified operation, performed without the consent of the client until the client - an individual sends a notification. In this case, the money transfer operator is obliged to reimburse the amount of the transaction performed without the consent of the client, unless he proves that the client violated the procedure for using the electronic means of payment, which led to the transaction without the consent of the client - an individual.

Article 10

1. The transfer of electronic funds is carried out with or without identification of the client in accordance with the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism".

2. In the event that an electronic money operator conducts identification of a client - an individual in accordance with the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism", the use of an electronic means of payment is carried out by a client - an individual, provided that the balance of electronic funds at any time does not exceed 100 thousand rubles or an amount in foreign currency equivalent to 100 thousand rubles at the official exchange rate of the Bank of Russia. The specified electronic means of payment is personalized.

3. It is allowed to exceed the amount specified in paragraph 2 of this article due to a change in the official exchange rate foreign exchange established by the Bank of Russia.

4. If the electronic money operator fails to identify a client - an individual in accordance with the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism", the use of an electronic means of payment is carried out by a client - an individual, provided that the balance of electronic funds at any time does not exceed 15 thousand rubles. The specified electronic means of payment is non-personalised.

5. The total amount of electronic money transferred using one non-personalized electronic means of payment cannot exceed 40 thousand rubles during a calendar month.

6. An electronic money operator shall not transfer electronic money if such a transfer will result in an excess of the amounts specified in parts 2, 4 and 5 of this Article. At the same time, an individual has the right to receive the balance (its part) of electronic money in accordance with parts 20 and 21 of Article 7 of this Federal Law.

7. The use of an electronic means of payment by a client - a legal entity or an individual entrepreneur is carried out with its identification by an electronic money operator in accordance with the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime, and financing of terrorism". The specified electronic means of payment is corporate. The use of a corporate electronic means of payment is subject to the condition that the balance of electronic money does not exceed 100 thousand rubles or the amount in foreign currency equivalent to 100 thousand rubles at the official exchange rate of the Bank of Russia at the end of the working day of the electronic money operator.

8. It is allowed to exceed the amount specified in part 7 of this article due to changes in the official foreign exchange rate established by the Bank of Russia.

9. If the amount specified in paragraph 7 of this article is exceeded, the electronic money operator is obliged to credit or transfer funds in the amount exceeding the specified limit to the bank account of a legal entity or an individual entrepreneur without his order.

10. The operator of electronic means of payment is obliged to ensure, when using the electronic means of payment provided for in this article, the possibility of identifying them by customers as non-personalized, personalized or corporate electronic means of payment.

11. Transfers of electronic funds using personalized electronic means of payment, corporate electronic means of payment may be suspended in the manner and in cases that are similar to the procedure and cases of suspension of operations on a bank account, which are provided for by the legislation of the Russian Federation.

12. When transferring electronic funds using personalized electronic means of payment and corporate electronic means of payment, the balance of electronic funds may be levied in accordance with the legislation of the Russian Federation.

13. The electronic money operator is obliged to ensure the impossibility of using the electronic means of payment until the client - an individual is familiarized with the information specified in Part 25 of Article 7 of this Federal Law.

14. The provisions of this article on the procedure for using corporate electronic means of payment shall also apply to electronic means of payment used by a notary in private practice or a lawyer who has established a lawyer's office.

Chapter 3Subjects of the national payment system and requirements for their activities

Article 11 Money transfer operator and requirements for its activities

1. Money transfer operators are:

1) Bank of Russia;

2) credit institutions that have the right to transfer funds;

3) State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" (hereinafter - Vnesheconombank).

2. The Bank of Russia operates as a money transfer operator in accordance with this Federal Law, Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" and Bank of Russia regulations.

3. Credit institutions carry out the activities of money transfer operators in accordance with this Federal Law, the Federal Law "On Banks and Banking Activities" and Bank of Russia regulations.

4. Vnesheconombank acts as a money transfer operator in accordance with this Federal Law and Federal Law No. 82-FZ of May 17, 2007 "On the Development Bank".

Article 12 Electronic money operator and requirements for its activities

1. An electronic money operator is a credit institution, including a non-bank credit institution, which has the right to transfer funds without opening bank accounts and other related banking operations, as provided for by Clause 1, Part Three, Article 1 of the Federal Law "On Banks and Banking activities".

2. A person who is not an electronic money operator shall not be entitled to become liable for electronic money and transfer electronic money.

3. A person who is not an electronic money operator shall not be entitled to become liable for monetary obligations that are used to fulfill monetary obligations between other persons or to make other transactions that entail the termination of obligations between other persons, on the basis of instructions transmitted electronically to the obligated person . The provisions of this part do not apply to the termination of financial obligations with the participation of organizations engaged in professional activities in the securities market, clearing activities, activities of a central counterparty and (or) activities for the management of investment funds, mutual investment funds and non-state pension funds, in accordance with the law, governing the activities of these organizations.

4. The electronic money operator is obliged to notify the Bank of Russia in accordance with the procedure established by it of the commencement of activities for the transfer of electronic money no later than 10 business days from the date of the first increase in the balance of electronic money. The notice must include:

1) the name and location of the electronic money operator, as well as the number of its license for banking operations;

2) type(s) of electronic means of payment provided to customers;

3) names of organizations engaged by the electronic money operator to provide operational services and (or) payment clearing services (if they are involved).

5. An electronic money operator is obliged to establish the rules for making an electronic money transfer, including:

1) the procedure for the activities of the electronic money operator related to the transfer of electronic money;

2) the procedure for providing customers with electronic means of payment and transferring electronic funds using them;

3) the procedure for the activities of the electronic money operator when engaging bank payment agents, organizations providing operational services and (or) payment clearing services;

4) the procedure for ensuring the continuity of the transfer of electronic funds;

5) the procedure for considering claims by the electronic money operator, including procedures for prompt interaction with customers;

6) the procedure for exchanging information when making electronic money transfers.

6. The electronic money operator is obliged to ensure the uninterrupted operation of the transfer of electronic money in accordance with the requirements established by the regulations of the Bank of Russia.

7. The electronic money operator shall be entitled to enter into agreements with other organizations, under the terms of which these organizations are entitled to provide operational services and (or) payment clearing services to the electronic money operator when making an electronic money transfer.

Article 13

1. An electronic money operator has the right to conclude an agreement with a telecom operator that has the right to independently provide radiotelephone mobile communication services (hereinafter referred to as the telecom operator), under the terms of which the electronic money operator has the right to increase the electronic money balance of an individual - a subscriber of such a telecom operator for account of his funds, which are an advance payment for communication services, in the manner prescribed by this article. An increase in the balance of electronic money by an electronic money operator is carried out if there is an agreement concluded with such an individual, provided for by Part 1 of Article 7 of this Federal Law.

2. The telecom operator is not entitled to provide funds to an individual subscriber in order to increase the electronic money balance by the electronic money operator.

3. The electronic money operator and the communications operator carry out information and technological interaction in order to increase the balance of electronic money in the manner prescribed by the agreement.

4. An increase in the balance of electronic money of an individual - a subscriber of a telecom operator is carried out on the basis of his order, transferred by the telecom operator to the operator of electronic money, in accordance with an agreement between an individual - subscriber and the telecom operator.

5. The telecom operator is obliged to reduce the amount of funds of the natural person - subscriber, paid by him as an advance payment for communication services, immediately after receiving the confirmation of the electronic money operator on the increase in the balance of electronic funds of the specified natural person - subscriber. From the moment the electronic money balance is increased, the electronic money operator becomes liable to the individual in the amount by which the electronic money balance was increased.

6. The telecom operator, prior to providing the possibility of transmitting the orders of an individual subscriber specified in part 4 of this article, is obliged to provide an individual subscriber with the opportunity to familiarize himself with information about the activities of an electronic money operator specified in part 25 of article 7 of this Federal Law.

7. The telecom operator must provide the natural person - the subscriber before the transfer of his order to the electronic money operator the following information:

1) on the electronic means of payment of an individual;

2) on the amount of increase in the balance of electronic money;

3) on the amount of remuneration paid by an individual subscriber, if it is charged;

4) on the date and time of providing information.

8. An individual - a subscriber has the right to refuse to transfer an order to an electronic money operator after receiving the information specified in part 7 of this article, and the telecom operator is obliged to provide him with such an opportunity.

9. The provisions of parts 7 and 8 of this article shall not apply if the individual subscriber is not charged a fee by the telecom operator, as well as by the electronic money operator for increasing the balance of electronic money.

10. An electronic money operator shall not be entitled to increase the electronic money balance of an individual subscriber in excess of the amounts established by Article 10 of this Federal Law.

11. The telecom operator is obliged to send to an individual subscriber using radiotelephone mobile communication networks a confirmation of the increase in the balance of electronic money immediately after receiving the relevant information from the electronic money operator. Such confirmation must include the information provided for in paragraph 7 of this article.

12. The telecom operator is obliged to make settlements with the electronic money operator in the amount of increased electronic money balances no later than the business day following the day of the increase in electronic money balances. If the telecom operator fails to fulfill the specified obligation, the electronic money operator shall suspend the increase in electronic money balances until such obligation is fulfilled by the telecom operator.

Article 14

1. A money transfer operator that is a credit institution, including a non-bank credit institution, entitled to carry out money transfers without opening bank accounts and other related banking operations in accordance with the Federal Law "On Banks and Banking", has the right, on the basis of an agreement, to involve a bank paying agent:

1) for accepting cash from an individual and (or) issuing cash to an individual, including using payment terminals and ATMs;

2) to provide customers with electronic means of payment and ensure the possibility of using these electronic means of payment in accordance with the conditions established by the money transfer operator;

3) to identify a client - an individual, his representative and (or) beneficiary in order to transfer funds without opening a bank account in accordance with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.

2. A bank payment agent that is a legal entity, in cases provided for by an agreement with a money transfer operator, has the right to engage a bank payment subagent on the basis of an agreement concluded with it to carry out activities (its part) specified in clauses 1 and 2 of part 1 of this articles. With such involvement, the relevant powers of the bank payment subagent do not require notarization.

3. A bank paying agent may be engaged by a money transfer operator if the following requirements are met at the same time:

1) carrying out the activity (part thereof) specified in paragraph 1 of this article (hereinafter referred to as the operations of the bank paying agent) on behalf of the money transfer operator;

2) carrying out by a bank paying agent in accordance with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, the identification of a client - an individual, his representative and (or) beneficiary in order to transfer funds without opening a bank accounts;

3) use of a special bank account (accounts) by a banking paying agent for crediting in full the cash received from individuals in accordance with parts 5 and 6 of this article;

4) confirmation by the bank paying agent of acceptance (issuance) of cash by issuing a cash receipt that meets the requirements of parts 10-13 of this article;

5) provision by the banking paying agent to individuals of the information provided for by paragraph 15 of this article;

6) the use of payment terminals and ATMs by the bank paying agent in accordance with the requirements of the legislation of the Russian Federation on the use of cash registers in cash settlements.

4. The involvement of a bank payment subagent by a bank paying agent may be carried out while simultaneously meeting the following requirements:

1) carrying out the activity (part thereof) specified in part 1 of this article (hereinafter referred to as the operations of the bank payment subagent) on behalf of the money transfer operator;

2) carrying out transactions of a banking payment subagent that do not require the identification of an individual in accordance with the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism;

3) prohibition for the payment banking subagent to involve other persons in the performance of operations of the banking payment subagent;

4) use by the bank payment subagent of a special bank account (accounts) for full crediting of cash received from individuals in accordance with parts 5 and 6 of this Article;

5) confirmation by the bank payment subagent of acceptance (issuance) of cash by issuing a cashier's check that meets the requirements of parts 10 - 13 of this article;

6) provision by the bank payment subagent to individuals of the information provided for by paragraph 15 of this article;

7) the use of payment terminals and ATMs by the bank payment subagent in accordance with the requirements of the legislation of the Russian Federation on the use of cash registers in cash settlements.

5. The following operations can be carried out on a special bank account of a bank paying agent (subagent):

1) crediting of cash received from individuals;

2) crediting funds debited from another special bank account of a bank paying agent (subagent);

3) write-off of funds to bank accounts.

6. Carrying out other operations, in addition to those provided for by paragraph 5 of this article, on a special bank account is not allowed.

7. Control over compliance by bank paying agents (subagents) with the obligations to hand over to the money transfer operator cash received from individuals for crediting in full to their special bank account (accounts), as well as for the use by bank payment agents (subagents) special bank accounts for settlements are carried out by the tax authorities of the Russian Federation.

8. The money transfer operator is obliged to issue tax authorities certificates on the availability of special bank accounts and (or) on the balance of funds on special bank accounts, statements on operations on special bank accounts of organizations (individual entrepreneurs) that are bank paying agents (subagents), within three days from the date of receipt of a motivated request from the tax authority. Certificates on the availability of special bank accounts and (or) on the balances of funds on special bank accounts, as well as statements on operations on special bank accounts of organizations (individual entrepreneurs) that are bank paying agents (subagents) with such a money transfer operator may be requested by the tax authorities in cases of control provided for by part 7 of this article in relation to these organizations (individual entrepreneurs) that are bank paying agents (subagents).

9. The form (formats) and procedure for sending a request by tax authorities to a money transfer operator are established federal agency executive power, authorized to control and supervise in the field of taxes and fees. The form and procedure for the provision by the money transfer operator of information at the request of the tax authorities are established by the federal executive body authorized for control and supervision in the field of taxes and fees, in agreement with the Central Bank of the Russian Federation. The formats for the provision of information by the operator for the transfer of funds in electronic form at the request of the tax authorities are approved by the Central Bank of the Russian Federation in agreement with the federal executive body authorized for control and supervision in the field of taxes and fees.

10. Cash register equipment as part of a payment terminal, ATM used by bank payment agents (subagents) must ensure the issuance of a cash receipt containing the following mandatory details:

1) the name of the document - a cash receipt;

2) the total amount of accepted (issued) funds;

3) the name of the operation of the bank paying agent (subagent);

4) the amount of remuneration paid by an individual in the form of a total amount, including, among other things, the remuneration of the bank paying agent (subagent) if it is charged;

5) date, time of receipt (issue) of funds;

6) the number of the cash receipt and cash register equipment;

7) the address of the place of receipt (issue) of funds;

8) the name and location of the money transfer operator and the bank paying agent (subagent), as well as their identification numbers taxpayer;

9) telephone numbers of the money transfer operator, bank payment agent and bank payment subagent.

11. All details printed on a cash receipt must be legible and legible for at least six months.

12. A cash receipt may also contain other details in cases where this is provided for by an agreement between the money transfer operator and the bank paying agent.

13. The payment terminals or ATMs used by the bank paying agent (subagent) must ensure that their number and details are printed on the cashier's check, provided for in Part 10 of this article, in an uncorrectable form that ensures the identity of the information registered on the cashier's check, the control tape and in the fiscal memory of the control - cash register equipment.

14. In the event of a change in the address of the place of installation of a payment terminal or ATM, the bank paying agent (subagent) is obliged, on the day such a change is made, to send a corresponding notification to the tax authority indicating the new address of the place of installation of the cash register equipment that is part of the payment terminal or ATM.

15. When engaging a bank paying agent (subagent) at each place of operations of a bank paying agent (subagent), prior to the start of each operation, individuals must be provided with the following information:

1) the address of the place of operations of the banking paying agent (subagent);

2) the name and location of the money transfer operator and the bank paying agent (subagent), as well as their taxpayer identification numbers;

3) the license number of the operator for the transfer of funds for banking operations;

4) details of the agreement between the money transfer operator and the bank payment agent, as well as the details of the agreement between the bank payment agent and the bank payment subagent, if any;

5) the amount of remuneration paid by an individual in the form of a total amount, including, among other things, the remuneration of the bank paying agent (subagent) if it is charged;

6) ways of filing claims and the procedure for their consideration;

7) telephone numbers of the money transfer operator, bank payment agent and bank payment subagent.

16. When a bank paying agent (subagent) uses a payment terminal or an ATM, the information provided for in paragraph 15 of this article must be provided to individuals automatically.

17. A bank paying agent shall have the right to collect remuneration from individuals, if it is provided for by the agreement with the money transfer operator.

18. A bank payment subagent shall have the right to collect remuneration from individuals if it is provided for by an agreement with a bank payment agent and an agreement between a bank payment agent and a money transfer operator.

19. The money transfer operator must maintain a list of bank payment agents (subagents), which indicates the addresses of all places of operations of bank payment agents (subagents) for each bank payment agent (subagent) and which can be found at the request of individuals. The money transfer operator is obliged to provide a list of bank paying agents (subagents) to the tax authorities upon their request. The bank paying agent is obliged to transfer to the money transfer operator information about the involved bank payment subagents, necessary for inclusion in the specified list, in the manner prescribed by the agreement with the money transfer operator.

20. The money transfer operator shall exercise control over the observance by the bank paying agent of the conditions for its involvement, established by this article and the agreement between the money transfer operator and the bank paying agent, as well as the legislation on combating the legalization (laundering) of proceeds from crime, and financing of terrorism.

21. Non-compliance by a bank paying agent with the terms of its involvement, the requirements of this article and the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism is the basis for the unilateral refusal of the money transfer operator to execute an agreement with such a bank paying agent.

22. The banking payment agent shall exercise control over the observance by the banking payment sub-agent of the conditions for its involvement, established by this article and the agreement between the banking payment agent and the bank payment sub-agent, as well as the requirements of this article.

23. Non-compliance by the banking payment sub-agent with the terms of its involvement and the requirements of this article is the basis for the unilateral refusal of the banking payment agent to execute the contract with such a bank payment sub-agent, including at the request of the money transfer operator.

24. The procedure for exercising control by the money transfer operator over the activities of bank paying agents is established by the Bank of Russia regulations and the agreement between the money transfer operator and the bank paying agent.

25. The procedure for exercising control by a bank payment agent over the activities of a bank payment subagent is established by an agreement between the money transfer operator and a bank payment agent, as well as an agreement between a bank payment agent and a bank payment subagent.

Article 15 Payment system operator and requirements for its activities

1. The payment system operator may be a credit institution, an organization that is not a credit institution and established in accordance with the legislation of the Russian Federation, the Bank of Russia or Vnesheconombank.

2. A payment system operator that is a credit institution, the Bank of Russia, or Vnesheconombank may combine its activities with the activities of a money transfer operator, a payment infrastructure service provider, and other activities, unless this contradicts the laws of the Russian Federation.

3. A payment system operator that is not a credit institution may combine its activities with the activities of a payment infrastructure service provider (with the exception of a settlement center) and with other activities, unless this contradicts the legislation of the Russian Federation.

4. The Bank of Russia operates as a payment system operator on the basis of this Federal Law in accordance with the regulations of the Bank of Russia and concluded agreements.

5. The payment system operator is obliged to:

1) determine the rules of the payment system, organize and exercise control over their observance by the participants of the payment system, operators of payment infrastructure services;

2) involve payment infrastructure service providers, except for the case when the payment system operator combines the functions of a payment infrastructure service operator, based on the nature and volume of operations in the payment system, ensure control over the provision of payment infrastructure services to payment system participants, and maintain a list of operators payment infrastructure services;

3) organize a risk management system in the payment system in accordance with Article 28 of this Federal Law, assess and manage risks in the payment system;

4) ensure the possibility of pre-trial and (or) arbitration consideration of disputes with payment system participants and payment infrastructure service providers in accordance with the rules of the payment system.

6. A payment system operator that is not a credit institution is obliged to engage as a settlement center a credit institution that has been transferring funds to bank accounts opened with this credit institution for at least one year.

7. An organization intending to become a payment system operator must send a registration application to the Bank of Russia in the form and in the manner established by the Bank of Russia.

8. The following documents shall be attached to the registration application of a credit institution intending to become a payment system operator:

1) the decision of the management body of the credit institution on the organization of the payment system;

2) a business plan for the development of the payment system for the next two calendar years, indicating the goals and planned results of the organization of the payment system, including an analysis of market and infrastructure factors;

3) payment system rules that meet the requirements of this Federal Law;

4) a list of payment infrastructure service providers that will be involved in the provision of payment infrastructure services in the payment system.

9. An organization that is not a credit institution intending to become a payment system operator must meet the following requirements:

1) have net assets of at least 10 million rubles;

2) individuals holding the positions of the sole executive body and chief accountant of such an organization must have higher economic, higher legal education or higher education in the field of information and communication technologies, and if they have other higher professional education, experience in managing a department or other subdivision of a credit institution or a payment system operator for at least two years;

3) individuals holding the positions of the sole executive body and chief accountant of such an organization should not have a criminal record for crimes in the field of economics, as well as the facts of termination of an employment contract with them at the initiative of the employer on the basis provided for in paragraph 7 of part one of Article 81 of the Labor Code of the Russian Federation Federation, within two years preceding the date of submission of the registration application to the Bank of Russia.

10. The following documents shall be attached to the registration application of an organization that is not a credit institution intending to become a payment system operator:

1) constituent documents;

2) the decision of the authorized body of such an organization on the organization of the payment system;

3) a business plan for the development of the payment system for the next two calendar years, indicating the goals and planned results of the organization of the payment system, including an analysis of market and infrastructure factors;

4) payment system rules that comply with the requirements of this Federal Law;

5) a list of payment infrastructure service providers that will be involved in the provision of payment infrastructure services in the payment system;

6) the credit institution's written consent, including in the form of an agreement concluded with it, to become the settlement center of the payment system, taking into account the requirements of part 6 of this article;

7) documents containing information on the amount of the net assets of the organization, with the application of forms financial statements compiled as of the last reporting date preceding the date of submission of documents to the Bank of Russia for registration. These reporting forms must be signed by the sole executive body of the organization and the chief accountant (their deputies);

8) documents confirming compliance with the requirements provided for in paragraphs 2 and 3 of part 9 of this article.

11. Within a period not exceeding 30 calendar days from the date of receipt of a registration application from an organization intending to become a payment system operator, the Bank of Russia makes a decision to register the said organization as a payment system operator or a decision to refuse such registration.

12. If a decision is made to register an organization as a payment system operator, the Bank of Russia shall assign a registration number to the organization, include information about it in the register of payment system operators, which is publicly available, and send the organization a registration certificate in the form established by the Bank of Russia within no time later than five working days from the date of adoption of the said decision. The procedure for maintaining the register of payment system operators is established by the Bank of Russia.

13. An organization that has sent a registration application to the Bank of Russia has the right to become a payment system operator from the date of receipt of the registration certificate of the Bank of Russia.

14. The payment system operator is obliged to indicate its registration number when providing information about the payment system.

15. The payment system must have the name specified in the rules of the payment system, containing the words "payment system". No organization in the Russian Federation, with the exception of an organization registered in the register of payment system operators, can use the words "payment system" in its name (company name) or otherwise indicate the activities of the payment system operator. Payment infrastructure service providers, payment system participants have the right to indicate belonging to the payment system in accordance with the rules of the payment system. The Bank of Russia is entitled to use the words "payment system" in relation to the payment system of the Bank of Russia.

16. A payment system operator that is not a credit institution shall be obliged to comply with the requirements provided for by Part 9 of this article during the entire period of activity of the payment system operator.

17. The Bank of Russia refuses to register a credit institution as a payment system operator if:

1) failure to submit the documents provided for by paragraph 8 of this article;

2) non-compliance of the developed rules of the payment system with the requirements of this Federal Law.

18. The Bank of Russia refuses to register an organization that is not a credit institution as a payment system operator if:

1) failure to submit the documents provided for by paragraph 10 of this article;

2) establishing non-compliance of the organization with the requirements provided for by paragraph 9 of this article;

3) non-compliance of the developed rules of the payment system with the requirements of this Federal Law.

19. In case of refusal to register as a payment system operator, the Bank of Russia shall notify the organization that submitted the registration application in writing, indicating the grounds for refusal and attaching the documents submitted for registration no later than five working days from the date of the decision to refuse registration. registration.

20. An organization that is a payment system operator intending to become an operator of another payment system is obliged to send an additional registration application to the Bank of Russia in the form and in the manner established by the Bank of Russia, indicating the registration number in the register of payment system operators.

21. An additional registration application of a credit institution that is an operator of a payment system intending to become an operator of another payment system shall be accompanied by the documents specified in Part 8 of this Article.

22. An additional registration application of an organization that is not a credit institution that is an operator of a payment system intending to become an operator of another payment system shall be accompanied by the documents provided for in paragraphs 2-8 of part 10 of this article.

23. The Bank of Russia takes a decision to register an organization that is a payment system operator intending to become an operator of another payment system, or a decision to refuse such registration within a period not exceeding 30 calendar days from the date of receipt of an additional registration application.

24. If a decision is made to register an organization that is a payment system operator as an operator of another payment system, the Bank of Russia includes information in the register of payment system operators without assigning a new registration number and sends the organization a notification in the form established by the Bank of Russia no later than five working days from the date of the relevant decision.

25. An organization has the right to become an operator of another payment system from the date of receipt of a notice from the Bank of Russia on the registration of an organization that is a payment system operator as an operator of another payment system.

26. Not later than the day following the day of receipt of the notification from the Bank of Russia, the organization is obliged to send the previously issued registration certificate to the Bank of Russia.

27. The Bank of Russia sends the organization a new registration certificate indicating the payment systems operated by the organization on the next business day after the day it receives the previously issued registration certificate from the organization.

28. The Bank of Russia shall take a decision to refuse registration of a credit institution that is a payment system operator as an operator of another payment system if the documents provided for by Part 8 of this article are not submitted.

29. The Bank of Russia shall decide to refuse to register an organization that is not a credit institution that is a payment system operator as an operator of another payment system if the documents provided for in Clauses 2–8 of Part 10 of this Article are not submitted, or if the payment system operator does not comply with the established requirements .

30. If the information about the payment system operator specified during its registration changes, the payment system operator is obliged to notify the Bank of Russia in the form established by it within three working days after the day such changes occur. Based on the notification received from the payment system operator, the Bank of Russia, within three working days from the date of its receipt, makes the appropriate changes to the register of payment system operators.

31. The Bank of Russia has the right to take decisions to exclude information about the organization from the register of payment system operators on the following grounds and within the following timeframes:

1) on the basis of an application by the payment system operator, indicating by him the working day on which information about the organization is excluded from the register of payment system operators - on the business day specified in the application, but not earlier than the day the application of the payment system operator is submitted;

2) in the cases provided for by Parts 8 and 9 of Article 34 of this Federal Law, on the business day following the day the decision is made by the Bank of Russia;

3) if the Bank of Russia, in the course of its supervision, establishes the fact of a significant discrepancy with the information on the basis of which the payment system operator was registered, on the business day following the day the decision was made by the Bank of Russia;

4) when the Bank of Russia revokes a banking license from a credit institution that is a payment system operator - on the business day following the day the Bank of Russia revokes the license;

5) in case of liquidation of the payment system operator as a legal entity, on the business day following the day on which the Bank of Russia became aware of the liquidation of the legal entity that is the payment system operator.

32. Exclusion of information about the organization from the register of payment system operators on other grounds, with the exception of the grounds provided for by part 31 of this article, is not allowed.

33. When deleting information about an organization from the register of payment system operators, the Bank of Russia makes an appropriate entry in the register of payment system operators and, no later than the day following the day of such exclusion, sends the organization a notification about the deletion of information about it from the register of payment system operators, except for the case provided for in clause 5 of part 31 of this article. Not later than the day following the day of receipt of the notification from the Bank of Russia, the organization is obliged to return its registration certificate to the Bank of Russia.

34. From the day following the day of receipt by a payment system operator that is not a credit institution of a notification about the deletion of information from the register of payment system operators, money transfers within the payment system are terminated, and money transfers that were started before the specified day , must be completed by the central payment clearing counterparty and (or) the settlement center within the period established by Part 5 of Article 5 of this Federal Law. With regard to significant payment systems, the term for termination of the implementation and completion of money transfers may be extended by the Bank of Russia, but not more than up to one month.

35. The procedure for completing funds transfers by a central payment clearing counterparty and (or) a settlement center in the event that their banking licenses are revoked is determined by federal law.

36. The payment system operator is obliged to submit to the Bank of Russia changes in the rules of the payment system, changes in the list of operators of payment infrastructure services no later than 10 days from the date of making the relevant changes.

37. Payment system operators may conclude an agreement on the interaction of their payment systems, provided that the procedure for such interaction is reflected in the rules of payment systems.

38. The activities of the payment system operator, within the framework of which funds are transferred between money transfer operators located in the territory of the Russian Federation, can only be carried out by an organization established in accordance with the legislation of the Russian Federation and complying with the requirements of this Federal Law.

39. A money transfer operator, with the exception of the Bank of Russia, which has bank accounts of at least three other money transfer operators and funds are transferred between these accounts for three consecutive months in an amount exceeding the value established by the Bank of Russia, is obliged to ensure, in accordance with the requirements of this article, that an application for registration of a payment system operator be sent to the Bank of Russia within 30 days after the day when compliance with this requirement begins. After four months from the date of commencement of compliance with the specified requirement, the transfer of funds between the bank accounts of money transfer operators opened with such money transfer operator is allowed only within the payment system. The requirements of this part do not apply to money transfer operators that are settlement centers of payment systems, whose payment system operators are registered by the Bank of Russia, in terms of money transfers carried out within the framework of these payment systems.

40. The Bank of Russia sends an organization that operates as a payment system operator and has not sent a registration application to the Bank of Russia in accordance with this article, a request to register such an organization as a payment system operator. The specified organization is obliged to send a registration application to the Bank of Russia no later than 30 calendar days from the date of receipt of such a request, or to terminate the activities of the payment system operator.

Article 16 Payment infrastructure service provider and requirements for its activities

1. A payment infrastructure service provider may be a credit institution, an organization that is not a credit institution, the Bank of Russia or Vnesheconombank.

2. A payment infrastructure service provider that is a credit institution, the Bank of Russia or Vnesheconombank may combine the provision of operational services, payment clearing services and settlement services, including within one organization.

3. A payment infrastructure service provider that is not a credit institution, the Bank of Russia, or Vnesheconombank may combine the provision of operational services and payment clearing services, including within one organization.

4. A payment infrastructure service provider that is a credit institution, the Bank of Russia or Vnesheconombank may combine its activities with the activities of a money transfer operator, a payment system operator and other activities, unless this contradicts the legislation of the Russian Federation.

5. A payment infrastructure service provider that is not a credit institution may combine its activities with the activities of a payment system operator and other activities, unless this contradicts the legislation of the Russian Federation.

6. The Bank of Russia operates as a payment infrastructure service provider on the basis of this Federal Law in accordance with Bank of Russia regulations and concluded agreements.

7. The payment infrastructure service provider operates in accordance with the rules of the payment system and agreements concluded with the payment system participants and other payment infrastructure service providers.

8. The rules of the payment system shall define the requirements for payment infrastructure service providers with whom contracts may be concluded in accordance with this Federal Law.

9. With regard to payment infrastructure service operators, requirements must be defined for their financial condition, technological support and other factors affecting the smooth functioning of the payment system, which must be objective, available for public review and provide equal access for payment infrastructure service operators to the payment system .

10. Payment infrastructure service providers are obliged to provide the payment system operator with information about their activities (in terms of the provision of payment infrastructure services) in accordance with the rules of the payment system.

11. When transferring funds within the payment system, money transfer operators located on the territory of the Russian Federation must engage payment infrastructure service providers that comply with the requirements of this Federal Law and are located on the territory of the Russian Federation, except for the case provided for by Part 8 Article 17 of this Federal Law.

Article 17 Operations center requirements

1. The Operations Center carries out its activities in accordance with the rules of the payment system and on the basis of agreements on the provision of operational services with the payment system operator, payment system participants, the payment clearing center and the settlement center, if the conclusion of such agreements is provided for by the rules of the payment system.

2. There may be several transaction centers in the payment system.

3. The Operations Center ensures the exchange of electronic messages between the payment system participants, between the payment system participants and their clients, the payment clearing center, the settlement center, between the payment clearing center and the settlement center.

4. The Operations Center may carry out other actions related to the use of information and communication technologies necessary for the functioning of the payment system and provided for by the rules of the payment system.

5. The Operations Center shall be liable for the actual damage caused to the participants of the payment system, the payment clearing center and the settlement center as a result of non-provision (improper provision) of operational services.

6. By the rules of the payment system and the contract for the provision of transaction services, the liability of the transaction center for actual damage may be limited by the amount of the penalty, except for cases of deliberate failure to provide (improper provision) of transaction services.

7. If the rules of the payment system and the contract for the provision of transaction services provide for the obligation of the transaction center to ensure a guaranteed level of uninterrupted provision of transaction services for a certain period of time, the responsibility of the transaction center for real damage and a penalty may be established.

8. The payment system operator, in the cases and in the manner prescribed by the rules of the payment system, has the right to engage an operating center located outside the Russian Federation to provide operational services to participants in the payment system. In this case, the payment system operator is responsible for the proper provision of transaction services to the payment system participants.

Article 18 Requirements for the activities of the payment clearing center

1. The payment clearing center carries out its activities in accordance with the rules of the payment system and on the basis of agreements on the provision of payment clearing services concluded with the participants of the payment system, the operational center and the settlement center, if the conclusion of such agreements is provided for by the rules of the payment system.

2. In payment systems within which money transfers are made under transactions made in organized trading, payment clearing services may be provided as part of the clearing service by a clearing organization operating in accordance with Federal Law No. 7-FZ of February 7, 2011 "On clearing and clearing activity".

3. There may be several payment clearing centers in the payment system.

4. An agreement on the provision of payment clearing services concluded with participants in the payment system is an agreement of accession.

5. In accordance with the agreement on the provision of payment clearing services concluded with the settlement center, the payment clearing center undertakes to transfer to the settlement center on behalf of the payment system participants the orders of the payment system participants subject to execution.

6. The payment clearing center shall be liable for losses caused to the participants of the payment system and the settlement center as a result of non-provision (improper provision) of payment clearing services.

7. By the rules of the payment system and the payment clearing service agreement, the liability of the payment clearing center for losses may be limited by the amount of the penalty, except for cases of deliberate failure to provide (improper provision) of payment clearing services.

8. The central payment clearing counterparty may be a credit institution, the Bank of Russia or Vnesheconombank in the manner prescribed by the rules of the payment system and contracts for the provision of payment clearing services.

9. The central payment clearing counterparty is obliged to:

1) have funds sufficient to fulfill its obligations, or ensure the fulfillment of its obligations, including at the expense of the guarantee fund, in the amount of the largest obligation for which the central payment clearing counterparty becomes a payer, for the period determined by the rules of the payment system;

2) daily monitor the risks of non-fulfillment (improper fulfillment) by the payment system participants of their obligations to transfer funds, apply restrictive measures to the payment system participants, the analysis of the financial condition of which indicates an increased risk, including the establishment of maximum size payment clearing position, and make demands for an increased amount of security for the fulfillment of obligations of payment system participants for the transfer of funds.

Article 19 Requirements for the activity of the settlement center

1. A credit institution, the Bank of Russia or Vnesheconombank can act as a settlement center.

2. There can be several settlement centers in the payment system.

3. The settlement center operates in accordance with the rules of the payment system and on the basis of bank account agreements concluded with payment system participants and (or) the central payment clearing counterparty (if any), as well as agreements concluded with the operational center and payment clearing center, if the conclusion of such agreements is provided for by the rules of the payment system.

4. The settlement center executes the instructions of the payment system participants received from the payment clearing center by debiting and crediting funds to the bank accounts of the payment system participants and (or) the bank account of the central payment clearing counterparty (if any).

5. The settlement center of the payment system, in the case provided for by Part 2 of Article 18 of this Federal Law, may execute the instructions of the payment system participants received from the clearing organization operating in accordance with Federal Law No. 7-FZ of February 7, 2011 "On Clearing and clearing activities.

Chapter 4. Requirements for the organization and functioning of payment systems

Article 20 Payment system rules

1. The rules of the payment system should determine:

1) the procedure for interaction between the payment system operator, payment system participants and payment infrastructure service providers;

2) the procedure for exercising control over compliance with the rules of the payment system;

3) liability for non-compliance with the rules of the payment system;

4) criteria for participation, suspension and termination of participation in the payment system;

5) the procedure for attracting payment infrastructure service operators and maintaining a list of payment infrastructure service operators;

6) applicable forms of non-cash payments;

7) the procedure for the transfer of funds within the payment system, including the moments of its irrevocable, unconditional and finality;

8) the procedure for accompanying the transfer of funds with information about the payer in accordance with the requirements of the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" if they are not contained in at the disposal of the payment system participant;

9) the procedure for paying for money transfer services, which is uniform within the payment system;

10) procedure for payment clearing and settlement;

11) the procedure for paying for the services of the payment infrastructure, which is uniform within the payment system;

12) the procedure for the payment system participants and payment infrastructure service providers to provide information about their activities to the payment system operator;

13) the risk management system in the payment system, including the risk management model used, the list of measures and risk management methods;

14) the procedure for ensuring the uninterrupted functioning of the payment system;

15) temporary regulations for the functioning of the payment system;

16) the procedure for assigning a code (number) that makes it possible to unambiguously identify a participant in the payment system and the type of its participation in the payment system;

17) the procedure for ensuring the fulfillment of obligations of participants in the payment system for the transfer of funds;

18) the procedure for interaction within the payment system in disputable and emergency situations, including informing payment infrastructure service operators, participants of a significant payment system of the operator of a significant payment system about the events that caused operational failures, about their causes and consequences;

19) requirements for information protection;

20) a list of payment systems with which interaction is carried out, and the procedure for such interaction;

21) the procedure for changing the rules of the payment system;

22) the procedure for pre-trial resolution of disputes with payment system participants and payment infrastructure service providers.

2. The rules of the payment system may provide for other provisions necessary to ensure the functioning of the payment system.

3. The rules of the payment system, with the exception of the rules of the payment system of the Bank of Russia, are an agreement. The rules of the payment system can be drawn up in the form of a single document or several related documents.

4. The rules of the payment system prohibit the establishment of:

1) requirements that prevent participation in the payment system that do not meet the requirements of Part 10 of Article 21 of this Federal Law;

2) requirements for participants of the payment system not to participate in other payment systems (condition of exclusive participation);

3) requirements for payment system participants to restrict (prohibit) clearing and settlement between them outside the payment system on the basis of agreements concluded between payment system participants, under the responsibility of such participants;

4) requirements for payment infrastructure service operators to restrict (prohibit) the provision of payment infrastructure services within other payment systems (a condition for the exclusive provision of payment infrastructure services);

5) the minimum amount of payment for money transfer services by payment system participants and their clients.

5. The payment system operator shall be obliged to provide organizations intending to participate in the payment system with the payment system rules for preliminary familiarization without charging a fee, except for the costs of making copies of the payment system rules.

6. Payment system rules, including fees, are publicly available. The payment system operator has the right not to disclose information about the requirements for information protection and information, access to which is restricted in accordance with federal law.

7. Participants of the payment system join the rules of the payment system only by accepting them as a whole.

8. The payment system operator may unilaterally amend the rules of the payment system, provided:

1) providing the payment system participants with the possibility of preliminary familiarization with the proposed changes and sending their opinion to the payment system operator within the period established by him, which cannot be less than one month;

2) setting a deadline for making changes at least one month from the expiration date of the deadline specified in clause 1 of this part.

9. The rules of the payment system of the Bank of Russia are determined by the regulations of the Bank of Russia on the basis of this Federal Law.

10. Features of the rules of payment systems, within the framework of which funds are transferred under transactions made at organized auctions, are established by the Bank of Russia in agreement with the authorized federal executive body.

Article 21 Payment system participants

1. The following organizations can become participants in the payment system, provided they join the rules of the payment system in the manner prescribed by the rules of the payment system:

1) money transfer operators (including electronic money operators);

2) professional participants in the securities market, as well as legal entities that are participants in organized trading and (or) clearing participants in accordance with Federal Law No. 7-FZ of February 7, 2011 "On Clearing and Clearing Activities";

3) insurance companies that carry out compulsory insurance of civil liability in accordance with the legislation of the Russian Federation;

4) bodies of the Federal Treasury;

5) organizations of the federal postal service.

2. In the event that payment system operators conclude an agreement on the interaction of payment systems, participants in the payment system may be the central payment clearing counterparty and (or) the settlement center of another payment system acting on behalf of the operator of such payment system.

3. Payment system participants may be international financial organizations, foreign central (national) banks, foreign banks.

4. The rules of the payment system shall provide for direct participation in the payment system and may provide for indirect participation in the payment system.

5. The rules of the payment system may provide for various types of direct and indirect participation in the payment system.

6. Direct participation in the payment system requires the opening of a bank account in the clearing center of the organization becoming a direct participant in order to make settlements with other participants in the payment system.

7. Direct participants in the payment system can only be money transfer operators, including electronic money operators, professional participants in the securities market, legal entities that are participants in organized trading and (or) clearing participants in accordance with the Federal Law of February 7, 2011 N 7-FZ "On clearing and clearing activity" (when they carry out transfers of funds under transactions made at organized trading), insurance companies that carry out compulsory insurance of civil liability in accordance with the legislation of the Russian Federation (when they carry out settlements for compulsory types of insurance civil liability stipulated by the legislation of the Russian Federation), and bodies of the Federal Treasury.

8. Indirect participation in the payment system requires the opening of a bank account for an indirect participant - an organization provided for by paragraph 1 of this article, a direct participant in the payment system, which is a money transfer operator, in order to make settlements with other participants in the payment system.

9. Relations between direct and indirect participants of the payment system are governed by the rules of the payment system and concluded bank account agreements.

10. For each type of participation in the payment system, the rules of such payment system establish separate criteria for participation, which should include requirements available for public review that ensure equal access of payment system participants of the same type to the payment system. These requirements may relate to the financial condition, technological support and other factors affecting the smooth functioning of the payment system.

11. Money transfer operators, with the exception of the Bank of Russia, may participate in payment systems for the purpose of making a cross-border transfer of funds, provided that the Bank of Russia is notified of this no later than 10 calendar days from the date of participation in the payment system in the manner established by the Bank of Russia .

12. Money transfer operators cannot participate in the payment system within which funds are transferred on the territory of the Russian Federation, if one of the following conditions exists:

1) the absence on the territory of the Russian Federation of a legal entity that performs the functions of a payment system operator that meets the requirements of this Federal Law;

2) the absence of payment system rules that meet the requirements of this Federal Law;

3) violation of the requirements of Part 11 of Article 16 of this Federal Law;

4) violation of the requirements of Part 10 of Article 29 of this Federal Law.

Article 22 Recognition of the payment system as significant

1. A payment system is systemically important if it meets at least one of the following criteria:

1) within the framework of the payment system, for three calendar months in a row, money transfers with a total amount of money and individual money transfers for an amount not less than the values established by the Bank of Russia;

2) within the framework of the payment system, the Bank of Russia transfers funds when refinancing credit institutions and conducting operations on the open market;

3) implementation within the framework of the payment system of money transfers on transactions made at organized auctions.

2. A payment system is socially significant if it meets at least one of the following criteria:

1) within the framework of the payment system, for three calendar months in a row, money transfers with a total volume of at least the values established by the Bank of Russia, and more than half of these money transfers for an amount not exceeding the value established by the Bank of Russia;

2) during the calendar year, within the framework of the payment system, transfers of funds using payment cards in an amount not less than the value established by the Bank of Russia;

3) carrying out within a calendar year, within the framework of the payment system, money transfers without opening a bank account in an amount not less than the value established by the Bank of Russia;

4) during the calendar year, within the framework of the payment system, transfers of funds of individual customers to their bank accounts (except for transfers of funds using payment cards) in an amount not less than the value established by the Bank of Russia.

3. The Bank of Russia recognizes a payment system as significant on the basis of information confirming that the payment system complies with the established significance criteria:

1) upon registration by the Bank of Russia of a payment system operator;

2) when the Bank of Russia exercises supervision and supervision in the national payment system;

3) on the basis of a written application of the payment system operator with the attachment of documents confirming the compliance of the payment system with the established significance criteria.

4. When making a decision to recognize a payment system as significant, the Bank of Russia within seven calendar days:

1) includes information on the recognition of the payment system as significant in the register of payment system operators;

2) notify the payment system operator in writing of the recognition of the payment system as significant.

6. The payment system is recognized as significant from the date of inclusion of information on its recognition as significant in the register of payment system operators.

7. An operator of a significant payment system is obliged to:

1) within 90 calendar days from the date of receipt of the notification from the Bank of Russia on the recognition of the payment system as significant, ensure compliance with the requirements set by the Bank of Russia in accordance with Article 24 of this Federal Law;

2) within 120 calendar days from the date of receipt of the notification from the Bank of Russia on the recognition of the payment system as significant, make the necessary changes to the rules of the payment system in order to comply with the requirements of Article 24 of this Federal Law and send the amended rules of the payment system to the Bank of Russia or notify the Bank of Russia no later than seven calendar days the Bank of Russia on the compliance of the payment system rules submitted to the Bank of Russia upon registration of the payment system operator with the requirements of Article 24 of this Federal Law.

8. The Bank of Russia analyzes the compliance of a significant payment system with the established significance criteria. If a payment system previously recognized as significant does not meet any of the established significance criteria within six calendar months, the Bank of Russia makes a decision to recognize such a payment system as having lost its systemic or social significance.

9. After making a decision to recognize a payment system as having lost its systemic or social significance, the Bank of Russia, within seven calendar days:

1) includes information on the recognition of the payment system as having lost its systemic or social significance in the register of payment system operators;

2) notify the payment system operator in writing of the recognition of the payment system as having lost its systemic or social significance.

11. The payment system of the Bank of Russia is recognized as a systemically important payment system.

12. The Bank of Russia is obliged to ensure that the payment system of the Bank of Russia complies with the requirements for systemically important payment systems provided for in Article 24 of this Federal Law.

Article 23 Procedure for checking by the Bank of Russia the compliance of the rules of a significant payment system with the established requirements

1. Verification of the compliance of the rules of a significant payment system with the requirements established by this Federal Law and regulations of the Bank of Russia adopted in accordance with it (hereinafter referred to as compliance verification) is carried out by the Bank of Russia after the payment system is recognized as significant.

2. Within the period specified in Clause 2, Part 7, Article 22 of this Federal Law, the operator of a significant payment system shall submit two copies to the Bank of Russia for verification of compliance with the payment system rules or notify the Bank of Russia of the possibility of verifying compliance with the payment system rules submitted to the Bank of Russia upon registration of the payment system operator.

3. Verification of compliance with the rules of a significant payment system is carried out by the Bank of Russia within a period not exceeding 90 calendar days from the date of submission of the rules of a significant payment system to verify compliance with the rules of the payment system or from the date of notification to the Bank of Russia about the possibility of verifying compliance with the rules of the payment system submitted to the Bank of Russia upon registration of the payment system operator.

4. If the rules of the payment system comply with the requirements of this Federal Law and the Bank of Russia regulations adopted in accordance with it, the Bank of Russia shall mark the compliance with the rules of the payment system and send one copy of the rules of the significant payment system to the operator of the significant payment system.

5. If the payment system rules do not comply with the requirements of this Federal Law and Bank of Russia regulations adopted in accordance with it, the Bank of Russia shall notify the payment system operator of such non-compliance in writing. The notice shall specify the requirements that the payment system rules submitted to the Bank of Russia do not comply with, as well as the period, which cannot be more than 90 days, for changing them and re-submitting them to the Bank of Russia for verification of compliance.

6. When making changes to the rules of a significant payment system, including at the request of the Bank of Russia, presented when the Bank of Russia exercises supervision in the national payment system, the operator of a significant payment system is obliged to submit changes to these rules to the Bank of Russia for verification of compliance no later than 10 days after making the said changes.

Article 24 Requirements for a significant payment system

1. The Bank of Russia establishes the following requirements for a systemically important payment system:

1) implementation by the payment system operator, and (or) the payment clearing center, and (or) the settlement center of monitoring and risk analysis in real time;

2) settlement in the payment system in real time or within one day;

3) settlement through a settlement center that meets the financial stability and risk management requirements established by the Bank of Russia;

4) ensuring a guaranteed level of continuity in the provision of operational services;

5) compliance of the risk management system of a significant payment system with the requirements established by Part 8 of Article 28 of this Federal Law.

2. The Bank of Russia establishes the following requirements for a socially significant payment system:

1) implementation by the payment system operator, and (or) the payment clearing center, and (or) the settlement center of monitoring and risk analysis on an ongoing basis;

2) settlement through the settlement center, which is a bank - a member of the system compulsory insurance deposits of individuals in banks of the Russian Federation that meets the risk management requirements established by the Bank of Russia, or through a non-bank credit institution that has been making settlements on the accounts of other credit institutions for at least three years;

3) compliance with the requirements provided for in paragraphs 4 and 5 of part 1 of this article.

3. The requirements of the Bank of Russia to a significant payment system shall be applied after 90 calendar days from the date of receipt by the payment system operator of a notification from the Bank of Russia on recognizing the payment system as significant.

4. If the payment system loses its significance, the requirements established by the Bank of Russia for a significant payment system may not be observed from the day the payment system operator receives a notification from the Bank of Russia about the recognition of the payment system as having lost its systemic or social significance.

Article 25 Implementation of payment clearing and settlement in the payment system

1. Payment clearing in the payment system is carried out by the payment clearing center through:

1) performing procedures for accepting for execution the instructions of the payment system participants, including checking the compliance of the instructions of the payment system participants with the established requirements, determining the sufficiency of funds for executing the instructions of the payment system participants and determining the payment clearing positions;

2) transfer to the settlement center for execution of accepted orders of the participants of the payment system;

3) sending notifications (confirmations) to the payment system participants regarding the acceptance for execution of instructions of the payment system participants, as well as sending notifications (confirmations) regarding the execution of the instructions of the payment system participants.

2. The procedures for accepting for execution the instructions of the payment system participants are carried out by the payment clearing center in accordance with the rules of the payment system.

3. The payment clearing position of a payment system participant may be determined on a gross basis and (or) on a net basis.

4. The payment clearing position on a gross basis is determined in the amount of the amount of the individual instruction of the payment system participant or the total amount of instructions of the payment system participants, for which the payment system participant is the payer or recipient of funds.

5. After the payment clearing position is determined on a gross basis, the instructions of the payment system participants are transferred by the payment clearing center to the settlement center for execution.

6. The payment clearing position on a net basis is determined in the amount of the difference between the total amount of execution orders of the payment system participants, for which the payment system participant is the payer, and the total amount of instructions of the payment system participants, for which the payment system participant is the recipient of funds.

7. After determining a payment clearing position on a net basis, the payment clearing center shall transfer to the settlement center for execution the instructions of the payment clearing center for the amount of certain payment clearing positions on a net basis of the payment system participants and (or) the accepted instructions of the payment system participants.

8. Settlement in the payment system is carried out by the settlement center by debiting and crediting funds to the bank accounts of the payment system participants and (or) the central payment clearing counterparty on the basis of instructions received from the payment clearing center in the amount of the amounts of certain payment clearing positions.

9. When an agreement on interaction between payment systems is concluded between payment system operators, payment clearing and settlement for the purpose of transferring funds between participants in one payment system are carried out respectively by the payment clearing center and the settlement center of this payment system, unless otherwise provided by the agreement on interaction between payment systems . Payment clearing and settlement for the purpose of transferring funds between participants of different payment systems are carried out in the manner prescribed by the agreement on interaction between payment systems.

Article 26 Ensuring banking secrecy in the payment system

Money transfer operators, payment system operators, payment infrastructure service providers and bank payment agents (subagents) are required to guarantee banking secrecy in accordance with the legislation of the Russian Federation on banks and banking activities.

Article 27 Ensuring the protection of information in the payment system

1. Money transfer operators, bank payment agents (subagents), payment system operators, payment infrastructure service providers are obliged to ensure the protection of information about the means and methods of ensuring information security, personal data and other information subject to mandatory protection in accordance with the legislation of the Russian Federation. Federation. The Government of the Russian Federation establishes requirements for the protection of this information.

2. Control and supervision over the fulfillment of the requirements established by the Government of the Russian Federation shall be carried out by the federal executive body authorized in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information, within their powers and without the right access to protected information.

3. Money transfer operators, bank paying agents (subagents), payment system operators, payment infrastructure service providers are required to ensure the protection of information when making money transfers in accordance with the requirements established by the Bank of Russia, agreed with the federal executive authorities, provided for by part 2 of this article. Control over compliance with the established requirements is carried out by the Bank of Russia within the framework of supervision in the national payment system in accordance with the procedure established by it, agreed with the federal executive authorities provided for in part 2 of this article.

Article 28 Risk management system in the payment system

1. For the purposes of this Federal Law, the risk management system in the payment system means a set of measures and methods to reduce the likelihood of adverse consequences for the smooth operation of the payment system, taking into account the amount of damage caused.

2. The payment system operator is obliged to determine one of the following organizational models for risk management in the payment system used in the payment system:

1) independent risk management in the payment system by the payment system operator;

2) distribution of risk assessment and management functions between the payment system operator, payment infrastructure service providers and payment system participants;

3) transfer of risk assessment and management functions by a payment system operator that is not a credit institution to a settlement center.

3. The risk management system should include the following activities:

1) determination of the organizational structure of risk management, which ensures control over the fulfillment by the participants of the payment system of the requirements for risk management established by the rules of the payment system;

2) determination of the functional responsibilities of persons responsible for risk management, or relevant structural units;

3) bringing relevant information about risks to the management bodies of the payment system operator;

4) determination of indicators of the uninterrupted functioning of the payment system in accordance with the requirements of the regulations of the Bank of Russia;

5) determining the procedure for ensuring the uninterrupted functioning of the payment system in accordance with the requirements of the regulations of the Bank of Russia;

6) determination of risk analysis methods in the payment system, including risk profiles, in accordance with the requirements of Bank of Russia regulations;

7) determining the procedure for the exchange of information necessary for risk management;

8) determining the procedure for interaction in controversial, non-standard and emergency situations, including cases of system failures;

9) determining the procedure for changing operational and technological means and procedures;

10) determination of the procedure for assessing the quality of the functioning of operational and technological means, information systems by an independent organization;

11) determination of the procedure for ensuring the protection of information in the payment system.

4. Methods of risk management in the payment system are determined by the payment system operator, taking into account the peculiarities of the organization of the payment system, the risk management model, payment clearing and settlement procedures, the number of money transfers and their amounts, and the final settlement time.

5. The risk management system may provide for the following risk management methods:

1) establishment of maximum sizes (limits) of obligations of participants in the payment system, taking into account the level of risk;

2) creation of a payment system guarantee fund;

3) management of the sequence of execution of orders of participants in the payment system;

4) settlement in the payment system before the end of the working day;

5) settlement within the funds provided by the participants of the payment system;

6) ensuring the possibility of granting a loan;

7) use of an irrevocable bank guarantee or letter of credit;

8) other methods of risk management provided for by the rules of the payment system.

6. The rules of the payment system may provide for the creation by the payment system operator of a collegial body for risk management in the payment system, which includes representatives of the payment system operator, payment infrastructure service providers, payment system participants responsible for risk management. Upon agreement with the Bank of Russia, representatives of the Bank of Russia with an advisory vote may be included in the risk management body.

7. The functional duties and competence of the risk management body include:

1) establishing criteria for assessing the risk management system, including systemic risk, and conducting this assessment;

8. The risk management system of a significant payment system must provide for the establishment of a risk management body of a significant payment system, specified in part 6 of this article, and the use of at least two risk management methods specified in paragraphs 1-7 of part 5 of this article.

Article 29 Ensuring the fulfillment of obligations of payment system participants

1. The procedure for ensuring the fulfillment of obligations of payment system participants is established by the rules of the payment system.

2. When settling on a net basis in a significant payment system, the largest obligation of a participant in a significant payment system must be satisfied.

3. The rules of the payment system may provide for the creation by the payment system operator or on his behalf by the central payment clearing counterparty or the settlement center of the payment system guarantee fund at the expense of funds (guarantee contributions) of the payment system participants. The rules of the payment system may provide for the deposit of funds of the payment system operator, the central payment clearing counterparty and (or) the settlement center into the payment system guarantee fund.

4. The procedure for determining the amount of the guarantee fee is established by the rules of the payment system.

5. The payment system guarantee fund is used by the payment system operator or, on its behalf, by the central payment clearing counterparty or settlement center in order to ensure the fulfillment of obligations of the payment system participants.

6. In case of non-performance (improper performance) of obligations by a payment system participant, its guarantee fee is used to satisfy claims under such obligations.

7. If the guarantee fee of a payment system participant is insufficient, the guarantee fees of other payment system participants are used in the manner prescribed by the rules of the payment system. In this case, the specified participant of the payment system is obliged to reimburse the amount of the used guarantee fees, as well as pay interest for their use, if this is provided for by the rules of the payment system.

8. In the event of termination of participation in the payment system, the participant of the payment system shall be returned his guarantee fee in the manner and within the time limits stipulated by the rules of the payment system.

9. The payment system guarantee fund is accounted for on a separate bank account opened by the payment system operator, central payment clearing counterparty or payment system participants (hereinafter referred to as the payment system guarantee fund account) in accordance with Article 30 of this Federal Law.

10. A payment system guarantee fund account can only be opened with the Bank of Russia, Vnesheconombank, as well as with a bank participating in the deposit insurance system or a non-bank credit institution that is not entitled to place funds attracted to deposits.

Article 30 Payment system guarantee fund account

1. When opening a payment system guarantee fund account for a payment system operator, operations on the specified account are carried out on the basis of instructions from the payment system operator.

2. When opening a payment system guarantee fund account for a central payment clearing counterparty, operations on the specified account are carried out either on the basis of instructions from the payment system operator without an instruction from the central payment clearing counterparty, or on the basis of instructions from the central payment clearing counterparty with the consent of the payment system operator.

3. When opening a payment system guarantee fund account for a payment system participant, operations on the specified account are carried out either on the basis of instructions from the payment system operator or the central payment clearing counterparty without an instruction from the payment system participant for which the account is opened, or on the basis of instructions from the payment system participant for which the account is opened. such an account, with the consent of the payment system operator or the central payment clearing counterparty.

4. When opening a payment system guarantee fund account for a central payment clearing counterparty or a payment system participant, respectively, the payment system operator or the payment system operator and the central payment clearing counterparty shall have the right to receive information from the money transfer operator with which the payment system guarantee fund account is opened. about transactions on this account.

5. When opening a payment system guarantee fund account, the central payment clearing counterparty or payment system participant shall specify the person who is entitled to give instructions on this account in accordance with the requirements of parts 2 and 3 of this article.

6. The consent of the payment system operator or the central payment clearing counterparty to perform operations on the account of the payment system guarantee fund is given in the manner stipulated by the bank account agreement in accordance with the rules of the payment system.

7. The payment system operator, the central payment clearing counterparty, the payment system participant shall have the right to transfer their own funds to the account of the payment system guarantee fund in the cases provided for by Parts 3 and 7 of Article 29 of this Federal Law.

8. If the payment system operator, central payment clearing counterparty, payment system participant is declared bankrupt, the funds on the account of the payment system guarantee fund are not included in the bankruptcy estate and are subject to return to the persons who provided them in the amount of funds remaining after the fulfillment of all obligations payment system participants.

9. For the debts of the payment system operator, the central payment clearing counterparty, the payment system participant, the funds on the account of the payment system guarantee fund cannot be seized, and transactions on the specified account cannot be suspended. Suspension of operations on the account of the guarantee fund of the payment system on the grounds provided for by the legislation of the Russian Federation on taxes and fees is not allowed.

10. Funds held in the payment system guarantee fund account may not be levied for the obligations of the payment system operator, central payment clearing counterparty or payment system participant.

Chapter 5. Supervision and supervision in the national payment system

Article 31 Objectives of supervision and oversight in the national payment system

1. The main objectives of supervision and supervision in the national payment system are to ensure the stability of the national payment system and its development.

2. For the purposes of this Federal Law, supervision in the national payment system means the activities of the Bank of Russia to monitor compliance by money transfer operators that are credit institutions, payment system operators, payment infrastructure service providers with the requirements of this Federal Law and regulations adopted in accordance with it. Bank of Russia.

3. Supervision over compliance by credit institutions with the requirements of this Federal Law and Bank of Russia regulations adopted in accordance with it shall be carried out by the Bank of Russia in accordance with the legislation of the Russian Federation on banks and banking activities, except for the case specified in Part 8 of Article 34 of this Federal Law.

4. Supervision over compliance by payment system operators and payment infrastructure service providers (hereinafter referred to as supervised organizations) of the requirements of this Federal Law and Bank of Russia regulations adopted in accordance with it shall be carried out by the Bank of Russia in accordance with this Federal Law.

5. For the purposes of this Federal Law, supervision in the national payment system means the activities of the Bank of Russia to improve by money transfer operators, payment system operators, payment infrastructure service providers (hereinafter referred to as “observed organizations”), other subjects of the national payment system, their activities and the services they provide , as well as on the development of payment systems, payment infrastructure (hereinafter - the objects of supervision) based on the recommendations of the Bank of Russia.

Article 32 Exercising supervision in the national payment system

1. When exercising supervision in the national payment system, the Bank of Russia:

1) analyzes documents and information (including reporting data) that relate to the activities of supervised organizations and participants in payment systems, as well as the organization and functioning of payment systems;

2) conduct inspections of supervised organizations in accordance with Article 33 of this Federal Law;

3) takes actions and applies coercive measures in accordance with Article 34 of this Federal Law in case of violation by supervised organizations of the requirements of this Federal Law or Bank of Russia regulations adopted in accordance with it.

2. The Bank of Russia determines the forms and terms for reporting, including in the form of reporting by a supervised organization and consolidated reporting for the payment system, and the methodology for compiling these reports.

3. When exercising supervision in the national payment system, the Bank of Russia shall have the right to request and receive from supervised organizations and participants in the payment system documents and other necessary information, including those containing personal data.

4. The procedure for exercising supervision in the national payment system is determined in accordance with the regulations of the Bank of Russia.

Article 33 The procedure for conducting inspections of supervised organizations

1. The Bank of Russia conducts scheduled inspections of supervised organizations no more than once every two years in accordance with the plan of inspections approved by the Bank of Russia.

2. In case of disruption of the uninterrupted functioning of a significant payment system, the Bank of Russia conducts unscheduled inspections.

3. Inspection checks can be carried out on individual issues of the activities of supervised organizations or be complex.

4. When conducting an inspection of a supervised organization, authorized representatives (employees) of the Bank of Russia shall have the right to:

1) receive and check the documents of the supervised organization;

2) if necessary, receive copies of documents for inclusion in the audit materials;

3) receive oral and written explanations on the activities of the supervised organization;

4) gain access to the places of activity of the supervised organization;

5) get access to the information systems of the supervised organization, including receiving information in electronic form.

5. Based on the results of the inspection, authorized representatives (employees) of the Bank of Russia draw up an inspection report containing general information on the activities of the supervised organization, information on violations identified during the inspection, with supporting documents attached, and information on the facts of opposition to the inspection.

6. The period for conducting an inspection by the Bank of Russia may not exceed three months.

7. The procedure for conducting inspections of supervised organizations is regulated by the regulations of the Bank of Russia.

Article 34

1. In cases where violations of the requirements of this Federal Law or Bank of Russia regulations adopted in accordance with it by a supervised organization do not directly affect the smooth functioning of the payment system, and also do not affect the services provided to payment system participants and their customers, the Bank of Russia shall the following actions:

1) bring to the attention of the management bodies of the supervised organization information about the detected violation in writing, indicating the committed violation and the period during which such a violation must be eliminated, while this period cannot be less than 10 working days;

2) sends to the management bodies of the supervised organization the recommendations of the supervisory authority to eliminate the identified violation and recommends that they submit to the supervisory authority a program of measures aimed at eliminating the violation.

2. In cases where violations of the requirements of this Federal Law or Bank of Russia regulations adopted in accordance with it by a supervised organization affect the smooth functioning of the payment system or services provided to payment system participants and their customers, the Bank of Russia applies one of the following coercive measures:

2) limits (suspends) by order the provision of transaction services, including when engaging an transaction center located outside the Russian Federation, and (or) payment clearing services.

3. The order to eliminate the violation shall not include information on the non-use by the supervised organization of documents (acts) of the Bank of Russia that are not normative acts, instructions of the Bank of Russia or acts of the Bank of Russia, provided for in clause 1 of part 1 of this article.

4. The enforcement measures provided for by Part 2 of this Article shall also be applied by the Bank of Russia in the following cases:

1) if the supervised organization repeatedly violates the requirements of this Federal Law or a Bank of Russia regulation adopted in accordance with it within the last 12 months, if the Bank of Russia has taken actions against the supervised organization for violating this requirement, as provided for in clause 1 of part 1 of this article, or the measures of coercion provided for by paragraph 2 of this article were applied;

2) in the event of actions (inaction) of the supervised organization that caused (resulted in) the suspension (termination) of money transfers within the payment system or their untimely implementation, if the actions provided for in Clause 1 of Part 1 of this Article were carried out by the Bank of Russia with respect to the supervised organization, or the measures of coercion provided for by paragraph 2 of this article were applied;

3) if the order of the Bank of Russia was not complied with by the supervised organization within the established period;

4) if the violation, information about which was brought to the attention of the supervised organization by the Bank of Russia in accordance with Clause 1 of Part 1 of this Article, is not eliminated within the established time limit.

5. The coercive measure referred to in point 2 of part 2 of this article shall be introduced for a period determined by the prescription and may include restrictions:

1) the maximum size of positions on a net basis of a participant (participants) of the payment system;

2) the maximum number of instructions of the participant (participants) of the payment system and (or) the total amount of these instructions during the day.

6. If, after the expiration of the period of validity of the coercive measure specified in clause 2 of part 2 of this article, the violations committed have not been eliminated, the period of validity of this coercive measure may be extended by an order of the Bank of Russia until the violation is eliminated.

7. The order of the Bank of Russia on the application of the enforcement measure specified in Clause 2 of Part 2 of this Article shall be sent to the payment system operator and the operator of payment infrastructure services, in respect of which the restriction is introduced.

8. In the event of repeated failure to comply with instructions requiring the elimination of a violation that affects the uninterrupted functioning of the payment system, within one year from the date of sending the first instruction of the Bank of Russia to eliminate such a violation, the Bank of Russia removes the payment system operator from the register of payment system operators.

9. In case of repeated application during the year to the payment system operator that is a credit institution, for violation of the requirements of this Federal Law or Bank of Russia regulations adopted in accordance with it, if the specified violation affects the uninterrupted functioning of the payment system, the measures provided for in Article 74 Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", the Bank of Russia excludes a payment system operator that is a credit institution from the register of payment system operators.

10. The decision to exclude the payment system operator from the register of payment system operators is drawn up in the form of an order of the Bank of Russia and published in the official publication of the Bank of Russia "Bulletin of the Bank of Russia". An appeal against the decision of the Bank of Russia to exclude a payment system operator from the register of payment system operators, as well as the application of measures to secure a claim (interim measures) does not suspend the said decision of the Bank of Russia.

11. The Bank of Russia holds the supervised organization and its officials administratively liable in accordance with the Code of Administrative Offenses of the Russian Federation.

Article 35 Content and priorities of supervision in the national payment system

1. Supervision in the national payment system includes the following activities:

1) collection, systematization and analysis of information on the activities of monitored organizations, other subjects of the national payment system and related objects of observation (hereinafter referred to as monitoring);

2) assessment of the activities of the observed organizations and objects of observation related to them (hereinafter referred to as the assessment);

3) preparation, based on the results of this assessment, proposals for changing the activities of the assessed observable organizations and related objects of observation (hereinafter referred to as the initiation of changes).

2. The priority is the monitoring of significant payment systems, which is carried out by the Bank of Russia through all types of activities specified in part 1 of this article. The Bank of Russia monitors the monitored organizations, other subjects of the national payment system, payment systems that are not significant, as well as other objects of supervision.

3. In the course of monitoring, the Bank of Russia shall have the right to request and receive from the monitored organizations and other entities of the national payment system information on the payment services and payment infrastructure services they provide.

4. The Bank of Russia shall have the right to request and receive from federal postal organizations information on their postal money transfers, with the exception of information classified by Federal Law No. 176-FZ of July 17, 1999 "On Postal Communication" as communication secrecy, in the manner established by the Bank of Russia, in agreement with the federal executive body in the field of communications.

5. In carrying out the assessment, the Bank of Russia determines the degree of compliance of the monitored organizations and related objects of supervision with the recommendations of the Bank of Russia, which include the Bank of Russia’s own recommendations, as well as recommendations on the use of standards or best international and domestic practices, subject to the publication of relevant documents in publications Bank of Russia in Russian. If necessary, the Bank of Russia issues methodological explanations on the use of these recommendations.

6. The Bank of Russia carries out the assessment in accordance with the assessment methods, which are published in the official publication of the Bank of Russia "Bulletin of the Bank of Russia", posted on the website of the Bank of Russia and, if necessary, additionally brought to the attention of the monitored organizations.

7. Prior to the valuation, the Bank of Russia offers the operator of a significant payment system to independently conduct a preliminary valuation using published valuation methods and submit the valuation results to the Bank of Russia. A preliminary assessment carried out by an operator of a significant payment system is taken into account in the assessment by the Bank of Russia.

9. When initiating changes based on the assessment results, the Bank of Russia may:

1) bring the assessment materials and its results to the management bodies of the observed organization with their subsequent discussion;

2) together with the monitored organizations, develop measures for the proposed changes;

11. The procedure for monitoring in the national payment system is determined by the regulations of the Bank of Russia.

Article 36

1. When exercising supervision and supervision in the national payment system, the Bank of Russia interacts with federal executive authorities.

2. When exercising supervision and monitoring of payment systems in which money transfers are made for the purpose of settling transactions with securities and (or) transactions made at organized trading, the Bank of Russia interacts with the federal executive body in charge of financial markets, including including on issues of participation in payment systems of professional participants in the securities market, legal entities - participants in organized trading and (or) clearing participants, as well as on issues of interaction between payment infrastructure service providers and clearing organizations, central counterparties and (or) depositories.

3. When exercising supervision and monitoring of payment systems in which funds are transferred for the purpose of settlements under compulsory types of civil liability insurance provided for by the legislation of the Russian Federation, the Bank of Russia interacts with the authorized federal executive body.

Article 37

1. The cooperation of the Bank of Russia with central banks and other supervisory and monitoring bodies in the national payment systems of foreign states is carried out in accordance with the cooperation agreements (memorandums) concluded with them.

2. The Bank of Russia may request central bank and another body of supervision and supervision in the national payment system of a foreign state on the provision of information or documents that are received in the course of performing the functions of supervision and supervision, and may also provide the central bank and other body of supervision and supervision in the national payment system of a foreign state with the specified information or documents , which do not contain information about money transfers, provided that the specified supervisory and monitoring authority in the national payment system ensures the security of information that meets the requirements established by the legislation of the Russian Federation for ensuring the security of information imposed on the Bank of Russia. With regard to information and documents received from central banks and other supervisory and monitoring bodies in the national payment systems of foreign states, the Bank of Russia is obliged to comply with the information disclosure requirements in accordance with the concluded cooperation agreements (memorandums).

Chapter 6. Final Provisions

Article 38 Final provisions

1. Organizations that, as of the date of entry into force of this Federal Law, were obligated persons for monetary obligations provided for by Part 3 of Article 12 of this Federal Law (hereinafter referred to as obligated organizations), have the right to continue assuming such monetary obligations within 15 months from the date of the official publication of this Federal Law.

2. Within the period specified in Part 1 of this Article, the obligated organization shall also have the right to make the assignment of the rights of claim and the transfer of debt on the accepted monetary obligations provided for by Part 3 of Article 12 of this Federal Law, to a credit organization that has the right to transfer funds without opening bank accounts. accounts, including electronic money. In this case, the obligated organization is obliged to notify individuals of the upcoming assignment of rights of claim and transfer of debt by placing an appropriate announcement in the media, on its website, and also has the right to send a notification in another way.

3. If, within 30 calendar days from the date of the first placement of the notice in the mass media or on its website, an individual has not sent to the obligated organization in writing or electronically his objections to the assignment of rights of claim and transfer of debt, it is considered that the individual the person has consented to the assignment of the rights of claim and the transfer of the debt.

4. If an individual, within the period specified in paragraph 3 of this article, sent to the obligated organization in writing or electronically his objections to the assignment of rights of claim and transfer of debt, the obligated organization is not entitled to perform the assignment of rights of claim and transfer of debt. In this case, the obligations between the obligated organization and the natural person in terms of the monetary obligations provided for by Part 3 of Article 12 of this Federal Law shall be terminated from the moment the obligated organization receives the objections of the natural person. In this case, the obligated organization must, within three working days from the date of the application of the individual, return the balance of funds transferred to it by the individual in order to accept the obligations of the obligated organization, provided for by Part 3 of Article 12 of this Federal Law.

5. Credit institutions making electronic money transfers as of the effective date of this Federal Law shall be obliged to bring their activities in line with the requirements of this Federal Law within three months from the effective date of this Federal Law.

6. Organizations operating as payment system operators are required to bring their activities in line with the requirements of this Federal Law and send a registration application to the Bank of Russia in accordance with Article 15 of this Federal Law within six months from the date of entry into force of the said Article of this Federal Law .

7. The provisions of Part 11 of Article 16 and Clause 3 of Part 12 of Article 21 of this Federal Law regarding the involvement of an operational center and (or) a payment clearing center shall apply three years after the date of official publication of this Federal Law.

8. From the date of entry into force of this Federal Law, the activities of bank paying agents (subagents) without using a special bank account (accounts) for crediting in full the cash received from individuals in accordance with Parts 5 and 6 of Article 14 of this Federal Law shall not allowed.

9. Article 14 of this Federal Law applies to relations arising from agreements previously concluded by credit institutions and organizations that are not credit institutions, as well as individual entrepreneurs in accordance with Article 13 1 of the Federal Law "On Banks and Banking Activity".

Article 39 The procedure for the entry into force of this Federal Law

1. This Federal Law shall enter into force ninety days after the day of its official publication, except for the provisions for which this article establishes other terms for their entry into force.

2. Clauses 12-16 of Article 3, Articles 5, 6 and 8 of this Federal Law shall enter into force one hundred and eighty days after the date of official publication of this Federal Law.

3. Articles 1, 2, paragraphs 1, 6 - 11, 20 - 25 of Article 3, Articles 15 and 16, parts 1 - 7 of Article 17, Articles 18 - 25, 27 - 37 of this Federal Law shall enter into force after one year after the day of official publication of this Federal Law.

4. Parts 2, 4 - 8, 11 - 16 of Article 9 of this Federal Law shall enter into force 18 months after the date of official publication of this Federal Law.

President of Russian Federation
D. Medvedev

With the exception of certain provisions, Laws N 162-FZ and N 161-FZ come into force on September 29, 2011.

60;individuals in banks of the Russian Federation"" href="http://my.consultant.ru/cabinet/?mode=stat;click;d=2011-07-12;r=iw;s=consultant;dst= http%3A%2F%2Fwww.consultant.ru%2Fonline%2Fbase%2F%3Freq%3Ddoc%3Bbase%3DLAW%3Bn%3D108932"> Law of December 23, 2003 N 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation and are not insured.

60;payment system" ------------------ Not effective" href="http://my.consultant.ru/cabinet/?mode=stat;click; d=2011-07-12;r=iw;s=consultant;dst=http%3A%2F%2Fwww.consultant.ru%2Fonline%2Fbase%2F%3Freq%3Ddoc%3Bbase%3DLAW%3Bn%3D115625%3Bdst% 3D100142">h. 15 art. 9 of Law N 161-FZ).

The money transfer operator can avoid refunding the client the amount of the transaction made without his consent. To do this, he must prove that the client violated the procedure for using an electronic means of payment, which led to the commission of such an operation (part 15 of article 9 of Law N 161-FZ). The same consequences for the client occur if he was not identified by the money transfer operator in accordance with the legislation on combating the legalization of proceeds from crime.

5. Special requirements for the transfer of electronic funds

According to Part 1 of Art. 12 of Law N 161-FZ, an electronic money operator can be any organization that has the right to make money transfers without opening bank accounts and related other banking operations, specified in paragraph 1 of part 3 of Art. 1 of the Law on banks and banking activities. Such a person is obliged to notify the Bank of Russia in accordance with the procedure established by it of the commencement of its activities for the transfer of electronic funds. A period of no more than 10 business days from the date of the first increase in the balance of electronic funds is allotted for this. Law N 161-FZ establishes that the operator of electronic money is obliged to develop rules for the transfer of such funds, which should include:

The procedure for the activities of an electronic money operator related to their transfer;

The procedure for providing customers with electronic means of payment and the transfer of electronic funds using them;

The procedure for the activities of an electronic money operator when engaging bank payment agents, organizations providing operational services and (or) payment clearing services;

The procedure for ensuring the continuity of the transfer of electronic funds;

The procedure for consideration by the operator of claims (including procedures for operational interaction with customers);

The procedure for the exchange of information when making transfers of electronic funds.

The main and unconditional obligation of an electronic money operator is to ensure the uninterrupted transfer of electronic money in accordance with the requirements established by the regulations of the Bank of Russia ( Part 6 Art. 12

Conduct inspections of supervised organizations;

Take actions and apply coercive measures if supervised organizations have violated the requirements of the legislation in the field of NPS.

In order to exercise these powers, the Bank of Russia has the right to determine the forms and terms for the submission of special reports, the methodology for their preparation. In addition, he can request and receive documents and other necessary information from supervised organizations and participants in the payment system, as well as issue regulations regarding the implementation of supervision in the NPS (parts 2 - 4 of article 32 of Law N 161-FZ).

The Bank of Russia carries out scheduled and unscheduled inspections of supervised organizations. Scheduled inspections should be carried out no more than once every two years in accordance with the inspection plan approved by the Bank of Russia (Part 1, Article 33 of Law No. 161-FZ). Unscheduled inspections should be carried out when there is a disruption in the functioning of a significant payment system.

Also part 3 of Art. 33 of Law N 161-FZ establishes that inspections can be carried out comprehensively or on individual issues of the activities of supervised organizations.

Law N 161-FZ). B) Observation

The Bank of Russia monitors the NPS in order to improve the activities and services provided by the NPS entities, as well as the development of payment systems and payment infrastructure based on the recommendations of the Bank of Russia (Part 5, Article 31 of Law No. 161-FZ).

Surveillance at the PS includes the following activities:

Collection, systematization and analysis of information on the activities of NPS subjects and related objects of observation (monitoring);

Evaluation of the activities of monitored organizations and related objects of monitoring (assessment);

Based on the results of the assessment, preparation of proposals for changing the activities of the assessed observable organizations and related objects of observation (initiating changes).

On banks and banking activities, the concept of "settlements" as a banking operation was replaced by the term "transfer of funds". From the text of this Russian Federation, as well as to the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services", they suggest the creation of a State information system on state and municipal payments.

Federal Law No. 40-FZ of February 25, 1999 "On the Insolvency (Bankruptcy) of Credit Institutions" was supplemented by the following rule. A transaction made by a credit institution that is a participant or subject of a payment system, under which such an institution is liable as a result of determining payment clearing positions (on a net basis) within the payment system, subject to compliance with the requirements of Law N 161-FZ, cannot be declared invalid in accordance with bankruptcy law.

A new norm has been introduced into Federal Law No. 115-FZ of 07.08.2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism". According to it, when transferring funds at the request of a client - an individual, his identification is required only if the amount of the transfer exceeds 15 thousand rubles. or an equivalent amount in a foreign currency.

Compositions introduced into the Code of the Russian Federation on Administrative Offenses administrative offenses, providing for liability for failure to comply with the requirements of Law N 161-FZ in the form of a fine, which can reach 500 thousand rubles. (Article 15.36 of the Code of Administrative Offenses of the Russian Federation).

Noteworthy are the changes made to the Federal Law of 07.07.2003 N 126-FZ "On Communications". Law N 162-FZ establishes that funds that are an advance payment by a subscriber - an individual for communication services, can be used to increase his balance of electronic money in accordance with

General information

Features of participation in the NPS

Translation rules

161-FZ "On the national payment system": clarifications

Operator obligations

Features of transfers at the request of the recipient

161-FZ "On the national payment system": article 9

General order

Termination/suspension of the use of the electronic means

Additionally

Nuances

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT THE NATIONAL PAYMENT SYSTEM

Judicial practice under article 7 of the Federal Law of 06/27/2011 No. 161-FZ

Credits

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Mortgage

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Miscellaneous about finance

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