iMPORT40.RU

Federal Law No. 162-FZ of June 27, 2011

On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On the National Payment System"

(Adopted by the State Duma on June 14, 2011. Approved by the Federation Council on June 22, 2011)
(Published in "Rossiyskaya Gazeta" No. 139 (5515) dated June 30, 2011 and in the Collection of Legislation of the Russian Federation No. 27 dated July 4, 2011, Article 3873. For entry into force, see Article 23 of this Law)
Attention! The text is given in the version of the Federal Law No. 401-FZ of December 6, 2011.

Article 1
Include in the Federal Law "On Banks and Banking" (as amended by the Federal Law of February 3, 1996 No. 17-FZ) (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, No. 27, Article 357; Collection of Legislation of the Russian Federation , 1996, No. 6, item 492; 1998, No. 31, item 3829; 1999, No. 28, item 3459, 3469; 2001, No. 26, item 2586; No. 33, item 3424; 2002, No. 12 , item 1093; 2003, No. 27, item 2700; No. 52, item 5033, 5037; 2004, No. 27, item 2711; 2005, No. 1, item 45; 2006, No. 19, item 2061; No. 31, item 3439; 2007, No. 1, item 9; No. 22, item 2563; No. 31, item 4011; No. 41, item 4845; No. 45, item 5425; 2009, No. 9, item 1043; No. 23, item 2776; No. 30, item 3739; No. 48, item 5731; No. 52, item 6428; 2010, No. 8, item 775; No. 19, item 2291; No. 27, 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905) the following changes:
1) part three of Article 1 shall be stated as follows:
"Non-bank credit organization:
1) a credit institution that has the right to carry out exclusively banking operations specified in paragraphs 3 and 4 (only in relation to bank accounts of legal entities in connection with the implementation of money transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation money transfers without opening bank accounts) and Clause 9, Part One, Article 5 of this Federal Law (hereinafter referred to as a non-bank credit institution that has the right to make money transfers without opening bank accounts and other related banking operations);
2) a credit institution that has the right to carry out certain banking operations provided for by this Federal Law. Permissible combinations of banking operations for such a non-bank credit institution are established by the Bank of Russia.
2) in Article 5:
a) in the first part:
in clause 4 the word "settlements" shall be replaced by the words "transfers of funds";
Paragraph 9 shall be amended as follows:
"9) making money transfers without opening bank accounts, including electronic money (except for postal orders).";
b) add the seventh part of the following content:
"Money transfers without opening bank accounts, with the exception of electronic money transfers, are carried out on behalf of individuals.";
3) in the second part of Article 11, the third sentence shall be amended as follows: "The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license for non-bank credit institutions entitled to transfer funds without opening bank accounts and other related banking operations, as of the date of filing an application for state registration and issuance of a banking license, is set at 18 million rubles.", supplemented with the following sentence: "The minimum amount of the authorized capital of a newly registered non-banking credit institution that does not apply for these licenses, for the day of filing an application for state registration and issuance of a license for banking operations is set at 18 million rubles.";
4) in part one of Article 13 the words "in Article 13.1 of this Federal Law" shall be replaced by the words "in the Federal Law "On the National Payment System";
5) Article 13.1 shall be declared invalid;
6) in Article 14:
a) add subparagraph 9 of the following content:
"9) questionnaires of candidates for the positions of the sole executive body and chief accountant of a non-bank credit institution entitled to transfer funds without opening bank accounts and other banking operations related to them. The indicated questionnaires are filled in by these candidates themselves and must contain information established by regulatory enactments Bank of Russia, as well as information:
on the availability of higher professional education for these persons (with the presentation of a copy of a diploma or a document replacing it);
on the presence (absence) of a criminal record.";
b) add the second part of the following content:
"The provisions of subparagraph 8 of part one of this article shall not apply to the case of submission of documents for state registration of a non-banking credit institution entitled to transfer funds without opening bank accounts and other related banking operations, and obtaining a license for banking operations by it." ;
7) part two of Article 15 shall be stated as follows:
"A decision on the state registration of a credit institution and the issuance of a license to carry out banking operations, or on a refusal to do so, shall be made within a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and such a decision shall be made in relation to a non-bank credit institution entitled for the implementation of money transfers without opening bank accounts and other banking operations related to them - within a period not exceeding three months.
8) Paragraph two of subparagraph 1 of part one of Article 16 shall be supplemented with the words "(for candidates for the positions of the sole executive body and chief accountant of a non-bank credit institution entitled to transfer funds without opening bank accounts and other banking operations related to them, - the absence of them higher professional education)";
9) in Article 26:
a) the thirteenth part shall be stated in the following wording:
"Payment system operators are not entitled to disclose to third parties information about transactions and accounts of payment system participants and their customers, except as otherwise provided by federal laws.";
b) add the eighteenth part of the following content:
"Operating centers, payment clearing centers are not entitled to disclose to third parties information about transactions and accounts of payment system participants and their clients, received in the course of providing operational services, clearing services to payment system participants, except for the transfer of information within the payment system, as well as cases, prescribed by federal laws.";
c) add the nineteenth part of the following content:
"The provisions of this article shall apply to information about transactions of clients of credit institutions carried out by bank payment agents (subagents).";
d) add the twentieth part of the following content:
"The provisions of this article also apply to information on electronic money balances of customers of credit institutions and information on electronic money transfers by credit institutions at the order of their customers.";
10) in article 27:
a) the first part after the words "in storage with a credit institution" shall be supplemented with the words "as well as on the balance of electronic funds";
b) part two shall be stated in the following wording:
"When seizing funds on accounts and deposits, or on the balance of electronic money, the credit institution immediately upon receipt of the decision to seize, terminates debit transactions on this account (deposit), as well as the transfer of electronic funds within the amount of the balance electronic money, which is seized. ";
c) part three after the words "in storage with a credit institution" shall be supplemented with the words "as well as on the balance of electronic money";
11) in article 28:
a) in part one, the words "settlement centers and" created in accordance with the established procedure shall be deleted;
b) add the seventh part of the following content:
"Credit institutions have the right to transfer funds within payment systems that meet the requirements of the Federal Law "On the National Payment System.";
12) part five of Article 29, after the words "by the holder of this card," add the words "either about the absence of such remuneration," add the words "or about the absence of such remuneration".
Article 2
Clause 1 of Article 7 of the Law of the Russian Federation of March 21, 1991 No. 943-1 "On the Tax Authorities of the Russian Federation" (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 15, Article 492; Bulletin of the Congress of People's Deputies of the Russian Federation and of the Supreme Council of the Russian Federation, 1992, No. 34, item 1966; No. 33, item 1912; 1993, No. 12, item 429; Collection of Legislation of the Russian Federation, 1999, No. 28, item 3484; 2002, No. 1, item 2; 2003, No. 21, article 1957; 2004, No. 27, article 2711; 2005, No. 30, article 3101; 2006, No. 31, article 3436; 2009, No. 29, article 3599) add a paragraph the following content:
"To exercise control over compliance by payment agents operating in accordance with the Federal Law of June 3, 2009 No. 103-FZ "On the activity of accepting payments from individuals carried out by payment agents", by bank payment agents and bank payment subagents operating in accordance with with the Federal Law "On the National Payment System", the obligation to hand over to a credit institution the cash received from payers when accepting payments for crediting in full to their special bank account (accounts), use by payment agents, suppliers, bank payment agents, bank payment subagents of special bank accounts for settlements, as well as to impose fines on organizations and individual entrepreneurs for violation of these requirements.".
Article 3
Part four of Article 37 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights" (as amended by the Federal Law of January 9, 1996 No. 2-FZ) (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 15, item 766; Collected Legislation of the Russian Federation, 1996, No. 3, item 140; 1999, No. 51, item 6287; 2004, No. 52, item 5275; 2006, No. 31, item 3439; 2009, No. 23, Article 2776) after the words "bank payment agent" add the word "(subagent)".
Article 4
Article 42 of the Federal Law of April 22, 1996 No. 39-FZ "On the Securities Market" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 17, Art. 1918; 2001, No. 33, Art. 3424; 2002, No. 52, Art. 5141; 2006, No. 1, article 5; No. 17, article 1780; No. 31, article 3437) add paragraph 24 with the following content:
"24) interact with the Bank of Russia when the Bank of Russia supervises and monitors payment systems in which money transfers are made for the purpose of settling transactions with securities and (or) transactions made at organized trading, in cases provided for by the Federal Law" About the national payment system".".
Article 5
Include in the first part of the Tax Code of the Russian Federation (Collected Legislation of the Russian Federation, 1998, No. 31, Art. 3824; 1999, No. 28, Art. 3487; 2000, No. 2, Art. 134; 2003, No. 27, Art. 2700; No. 52, item 5037; 2004, No. 27, item 2711; No. 31, item 3231; 2005, No. 45, item 4585; 2006, No. 31, item 3436; 2007, No. 1, item 28, 31; No. 18, article 2118; 2008, No. 26, article 3022; No. 48, articles 5500, 5519; 2009, No. 52, article 6450; 2010, No. 31, article 4198; No. 45, article 5752; No. 48, article 6247; No. 49, article 6420; 2011, No. 1, article 16) the following changes:
1) Paragraph 2 of Article 23 shall be supplemented with subparagraph 1.1 of the following content:
"1.1) on the emergence or termination of the right to use corporate electronic means of payment for electronic money transfers - within seven days from the date of occurrence (termination) of such a right;";
2) Paragraph 3 of Article 45 shall be supplemented with subparagraph 1.1 of the following content:
"1.1) from the moment an individual sends an instruction to a bank for transfer to the budget system of the Russian Federation to the appropriate account of the Federal Treasury without opening a bank account, funds provided to the bank by an individual, provided that they are sufficient for transfer;";
3) in Article 46:
a) the name shall be supplemented with the words "and also at the expense of its electronic money";
b) Item 1 shall be supplemented with the words "and its electronic money";
c) Paragraph two of clause 2 after the words "individual entrepreneur" shall be supplemented with the words "as well as instructions from the tax authority to transfer electronic funds of the taxpayer (tax agent) - organization or individual entrepreneur";
d) add paragraph 6.1 with the following content:
"6.1. If there is insufficient or no money on the accounts of a taxpayer (tax agent) - an organization or an individual entrepreneur, the tax authority has the right to collect tax at the expense of electronic money.
Collection of tax at the expense of electronic money of a taxpayer (tax agent) - organization or individual entrepreneur is carried out by sending to the bank where electronic money is located, instructions from the tax authority to transfer electronic money to the account of the taxpayer (tax agent) - organization or individual entrepreneur in the bank.
The instruction of the tax authority for the transfer of electronic money must contain an indication of the details of the corporate electronic means of payment of the taxpayer (tax agent) - an organization or individual entrepreneur, using which the transfer of electronic money is to be carried out, an indication of the amount to be transferred, as well as the details of the account of the taxpayer (tax agent) - an organization or an individual entrepreneur.
Tax collection can be carried out at the expense of electronic money balances in rubles, and in case of their insufficiency, at the expense of electronic money balances in foreign currency. When collecting tax at the expense of electronic money balances in foreign currency and specifying in the instruction of the tax authority for the transfer of electronic money the currency account of the taxpayer (tax agent) - organization or individual entrepreneur, the bank transfers electronic money to this account.
When collecting tax at the expense of electronic money balances in foreign currency and indicating in the order of the tax authority to transfer electronic money the ruble account of the taxpayer (tax agent) - organization or individual entrepreneur, the head (deputy head) of the tax authority simultaneously with the order of the tax authority to transfer electronic sends an order to the bank for the sale no later than the next day of the foreign currency of the taxpayer (tax agent) - organization or individual entrepreneur. Expenses associated with the sale of foreign currency are carried out at the expense of the taxpayer (tax agent). The Bank transfers electronic money to the ruble account of a taxpayer (tax agent) - an organization or an individual entrepreneur in an amount equivalent to the amount of payment in rubles at the exchange rate of the Central Bank of the Russian Federation established on the date of the transfer of electronic money.
If there is insufficient or no electronic money of the taxpayer (tax agent) - organization or individual entrepreneur on the day the bank receives an order from the tax authority to transfer electronic money, such an order is executed as soon as the electronic money is received.
The tax authority's instruction to transfer electronic money is executed by the bank no later than one business day following the day it receives the said order, if the tax is collected at the expense of electronic money balances in rubles, and no later than two business days if the tax is collected at the expense of electronic money balances in foreign currency.";
e) clause 7 shall be stated in the following wording:
"7. In the absence or insufficiency of funds on the accounts of the taxpayer (tax agent) - organization or individual entrepreneur or his electronic funds or in the absence of information about the accounts of the taxpayer (tax agent) - organization or individual entrepreneur or information about the details of his corporate electronic means payment used for electronic money transfers, the tax authority has the right to collect tax at the expense of other property of the taxpayer (tax agent) - organization or individual entrepreneur in accordance with Article 47 of this Code.
f) Item 8 shall be supplemented with the words "or suspension of electronic money transfers";
4) in Article 48:
a) the first paragraph of clause 1 after the words "money in bank accounts" shall be supplemented with the words "electronic funds, the transfers of which are carried out using personalized electronic means of payment,";
b) subparagraph 1 of paragraph 5 shall be supplemented with the words "and electronic money, the transfers of which are carried out using personalized electronic means of payment";
5) Item 3 of Article 60 after the words "on the taxpayer's account" shall be supplemented with the words "or the balance of his electronic money";
6) in Article 76:
a) the name after the words "in banks" shall be supplemented with the words ", as well as electronic money transfers";
b) in paragraph 1:
the first paragraph after the words "in the bank" shall be supplemented with the words "and electronic money transfers";
add the following paragraph:
"Suspension of electronic money transfers means the termination by the bank of all operations that entail a decrease in the balance of electronic money, unless otherwise provided by paragraph 2 of this article.";
c) in paragraph 2:
the first paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
the second paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
add a new fourth paragraph with the following content:
"Suspension of transfers of electronic funds of a taxpaying organization in the case provided for by this paragraph means the termination by the bank of operations that entail a decrease in the balance of electronic funds, within the amount specified in the decision of the tax authority.";
the fourth paragraph shall be considered the fifth paragraph;
add the following paragraph:
"Suspension of transfers of electronic money in foreign currency of a taxpaying organization in the case provided for by this paragraph means the termination by the bank of operations that entail a decrease in the balance of electronic money, within the amount in foreign currency equivalent to the amount indicated in the decision of the tax authority in rubles at the exchange rate of the Central bank of the Russian Federation, established on the date of commencement of the suspension of the transfer of electronic funds in foreign currency of the specified taxpayer.
d) in paragraph 3:
the first paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
the second paragraph after the words "accounts" shall be supplemented with the words "and electronic money transfers";
e) in paragraph 4:
the first paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
the second paragraph after the words "taxpayer-organization" shall be supplemented with the words "and transfers of its electronic funds";
the third paragraph shall be stated in the following wording:
"The procedure for sending to the bank in electronic form the decision of the tax authority to suspend operations on the accounts of the taxpaying organization in the bank and transfers of its electronic funds or the decision to cancel the suspension of operations on the accounts of the taxpaying organization in the bank and transfers of its electronic funds is established by the Central Bank of the Russian Federation Federation in agreement with the federal executive body authorized to control and supervise taxes and fees.";
the fourth paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
the fifth paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
f) item 5 after the words "transactions on which are suspended" shall be supplemented with the words "as well as on the balances of electronic funds, the transfer of which has been suspended," shall be supplemented with the words "and on transfers of its electronic funds";
g) Item 6 after the words "in the bank" shall be supplemented with the words ", transfers of its electronic funds";
h) in paragraph 7:
the first paragraph after the words "at the bank" shall be supplemented with the words "and transfers of its electronic funds", after the words "such operations" shall be supplemented with the words "such transfers", shall be supplemented with the words "decisions of the tax authority to cancel the suspension of transfers of its electronic funds";
the second paragraph after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
add the following paragraph:
"If, after the decision to suspend electronic money transfers of a taxpaying organization, the name of the taxpaying organization and (or) details of the corporate electronic means of payment of the taxpaying organization, the electronic money transfers using which are suspended by this decision of the tax authority, have changed in the bank , the specified decision is subject to execution by the bank also in relation to the taxpaying organization that has changed its name, and electronic money transfers using a corporate electronic means of payment with changed details.";
i) clause 8 after the words "at the bank" shall be supplemented with the words "and transfers of its electronic funds";
j) add paragraph 9.3 with the following content:
"9.3. The provisions of paragraphs 9, 9.1 and 9.2 of this article shall also apply in the event of suspension of electronic money transfers of a taxpaying organization.";
k) item 10 after the words "in the bank" shall be supplemented with the words "and transfers of its electronic funds";
l) in clause 11, the words "and also" shall be deleted, supplemented with the words "and also in relation to the suspension of electronic money transfers of the indicated persons";
m) paragraph 12 after the words "according to the accounts of the taxpayer-organization" shall be supplemented with the words "and transfers of its electronic funds", shall be supplemented with the words "and grant this organization the right to use new corporate electronic means of payment for transfers of electronic funds";
7) in Article 86:
a) in paragraph 1:
the first paragraph after the words "individual entrepreneurs" shall be supplemented with the words "and grant them the right to use corporate electronic means of payment for electronic money transfers";
the second paragraph after the words "(individual entrepreneur)" shall be supplemented with the words ", on granting the right or termination of the right of the organization (individual entrepreneur) to use corporate electronic means of payment for electronic money transfers, on changing the details of the corporate electronic means of payment", the words "opening, closing or changing the details of such an account" shall be replaced by the word "events";
the third paragraph after the words "account details" shall be supplemented with the words "on granting the right or termination of the right of an organization (individual entrepreneur) to use corporate electronic means of payment for electronic money transfers, on changing the details of a corporate electronic means of payment";
Paragraph four after the words "account details" shall be supplemented with the words "on granting the right or termination of the right of an organization (individual entrepreneur) to use corporate electronic means of payment for electronic money transfers, on changing the details of a corporate electronic means of payment";
b) in paragraph 2:
the first paragraph after the words "(individual entrepreneurs)" shall be supplemented with the words ", as well as certificates of electronic money balances and electronic money transfers";
in the second paragraph, the words "as well as" shall be deleted, after the words "in the bank" shall be supplemented with the words ", as well as certificates of electronic money balances and electronic money transfers";
the third paragraph shall be stated in the following wording:
"The information specified in this paragraph may be requested by the tax authority after a decision is made to collect tax, as well as in the event of a decision to suspend operations on the accounts of an organization (individual entrepreneur), suspend transfers of electronic funds or cancel the suspension of operations on the accounts of an organization (individual entrepreneur) and suspension of electronic money transfers.";
c) Clause 4 shall be supplemented with the words ", as well as in relation to corporate electronic means of payment of the indicated persons used for electronic money transfers";
8) Paragraph 1 of Article 102 shall be supplemented with subparagraph 6 of the following content:
"6) provided to the State Information System on State and Municipal Payments, provided for by the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services.";
9) supplement Article 135.2 with the following content:
"Article 135.2. Violation by the bank of obligations related to electronic money
1. Granting the right to an organization, an individual entrepreneur, a notary engaged in private practice, or a lawyer who has established a lawyer’s office, to use a corporate electronic means of payment for electronic money transfers without this person presenting a certificate (notification) of registration with a tax authority, as well as granting the specified right if the bank has a decision of the tax authority to suspend transfers of electronic funds of this person
entail a fine in the amount of 20 thousand rubles.
2. Failure by the bank to notify the tax authority within the prescribed period of information on the granting (termination) of the right of an organization, an individual entrepreneur, a notary engaged in private practice, or a lawyer who has established a lawyer's office, to use corporate electronic means of payment for electronic money transfers, on changing the details of a corporate electronic means of payment
entails the collection of a fine in the amount of 40 thousand rubles.
3. Execution by a bank, if it has a decision of a tax authority to suspend electronic money transfers of a taxpayer, a fee payer or a tax agent, of its instruction to transfer electronic money, not related to the fulfillment of obligations to pay a tax (advance payment), a fee, penalties, fines ,
entails the collection of a fine in the amount of 20 percent of the amount transferred in accordance with the instructions of the taxpayer, the payer of the fee or the tax agent, but not more than the amount of the debt, and in the absence of debt - in the amount of 20 thousand rubles.
4. Illegal failure by the bank, within the period established by this Code, of the order of the tax authority to transfer electronic money
entails the collection of a fine in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent for each calendar day of delay.
5. Taking actions by the bank to create a situation where there is no balance of electronic money of the taxpayer, the payer of the fee or the tax agent, in respect of which the bank has an order from the tax authority,
entails the collection of a fine in the amount of 30 percent of the amount not received as a result of such actions.
6. Failure by the bank to submit certificates on electronic money balances and on electronic money transfers to the tax authority in accordance with paragraph 2 of Article 86 of this Code and (or) failure to report on electronic money balances whose transfers are suspended, in accordance with paragraph 5 of Article 76 of this Code, as well as the submission of certificates with violation of the established deadline or certificates containing false information,
entail a fine in the amount of 10 thousand rubles.
10) Article 136 shall be stated as follows:
"Article 136. The procedure for collecting fines and penalties from banks
The fines specified in Articles 132 - 135.2 shall be collected in the manner similar to the procedure for collecting sanctions for tax offenses provided for by this Code.".
Article 6
Introduce the following changes to the Budget Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 31, Art. 3823; 2005, No. 1, Art. 8; 2007, No. 18, Art. 2117; 2010, No. 19, Art. 2291) the following changes :
1) in paragraph 2 of Article 160.1:
a) add a new paragraph seven with the following content:
"provides the information necessary for the payment of funds by individuals and legal entities for state and municipal services, as well as other payments that are sources of revenue generation for the budgets of the budget system of the Russian Federation, to the State Information System on State and Municipal Payments in accordance with the procedure established by the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services";";
b) the seventh paragraph shall be considered the eighth paragraph;
2) in paragraph 1 of Article 166.1:
a) add a new paragraph twenty-second of the following content:
"carries out the creation, maintenance, development and maintenance of the State information system on state and municipal payments;";
b) add paragraph twenty-three of the following content:
"establishes, in agreement with the Central Bank of the Russian Federation in accordance with the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services", the procedure for maintaining the State Information System on state and municipal payments;";
c) paragraph twenty-second shall be considered paragraph twenty-four.
Article 7
Article 28 of Federal Law No. 40-FZ of February 25, 1999 "On the Insolvency (Bankruptcy) of Credit Institutions" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 9, Art. 1097; 2001, No. 26, Art. 2590; 2004, No. 34 , Article 3536; 2009, No. 18, Article 2153) add paragraph 3 as follows:
"3. A transaction made by a credit institution that is a payment system participant, a central payment clearing counterparty, a payment system settlement center, under which the credit institution is liable as a result of determining payment clearing positions on a net basis within the payment system, provided that the said transaction complies with the requirements Federal Law "On the National Payment System" cannot be invalidated on the grounds provided for in this article.".
Article 8
Clause 3 of Article 333.18 of the second part of the Tax Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2000, No. 32, Art. 3340; 2004, No. 45, Art. 4377; 2005, No. 52, Art. 5581; 2006, No. 1, Art. 12; 2007, No. 31, article 4013; 2009, No. 52, article 6450) add the following paragraph:
"If the bodies and officials referred to in paragraph 1 of Article 333.16 of this Code, with the exception of consular offices, have information on the payment of the state fee contained in the State Information System on State and Municipal Payments, provided for by Federal Law No. 210 of July 27, 2010 -FZ "On the organization of the provision of state and municipal services", confirmation of payment of the state fee by the payer is not required.".
Article 9
Include in the Federal Law of August 7, 2001 No. 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33, Art. 3418; 2002, No. 44, 4296; 2004, No. 31, article 3224; 2006, No. 31, article 3446; 2007, No. 16, article 1831; No. 49, article 6036; 2009, No. 23, article 2776; 2010, No. 30, art. 4007) the following changes:
1) in Article 7:
a) in paragraph 1.1 the words "identification and identification of the beneficiary" shall be replaced by the words "representative of the client and (or) beneficiary";
b) in paragraph 1.2 the words "identification and identification of the beneficiary" shall be replaced by the words "representative of the client and (or) beneficiary";
c) add paragraph 1.4 with the following content:
"1.4. Identification of a client - an individual, a representative of a client and (or) a beneficiary is not carried out when credit institutions, including with the involvement of bank payment agents, transfer funds without opening a bank account, including electronic money, if the transfer amount does not exceed 15,000 rubles or an amount in foreign currency equivalent to 15,000 rubles, except in the event that employees of a credit institution, bank paying agents have suspicions that the specified operation is carried out for the purpose of legalization (laundering) of proceeds from crime or financing terrorism.";
d) add paragraph 1.5 with the following content:
"1.5. A credit institution shall have the right to entrust, on the basis of an agreement, to another credit institution, a federal postal service organization, a bank paying agent, to identify a client - an individual, a representative of a client and (or) a beneficiary in order to transfer funds without opening a bank account, including electronic money.";
e) add paragraph 1.6 with the following content:
"1.6. In the case specified in paragraph 1.5 of this article, the credit institution that commissioned the identification is responsible for compliance with the identification requirements established by this Federal Law and the regulatory legal acts adopted in accordance with it.";
f) add paragraph 1.7 with the following content:
"1.7. Credit institutions, organizations of the federal postal service, which are entrusted with the implementation of identification, are liable for non-compliance with the established requirements for identification in accordance with this Federal Law. Banking payment agents are liable for non-compliance with the established requirements for identification in accordance with the agreement concluded with the credit organization.";
g) add paragraph 1.8 with the following content:
"1.8. In the event of non-compliance with the established requirements for identification, the person who, in accordance with paragraph 1.5 of this article, the credit institution entrusted with the identification, shall be liable in accordance with the agreement concluded with the credit institution, including the collection of a penalty (fine, penalties). Failure to comply with the established requirements on identification may also be the basis for a unilateral refusal to execute the agreement of the credit institution with the specified person.
h) add paragraph 1.9 with the following content:
"1.9. Persons entrusted by a credit institution with carrying out identification in accordance with Clause 1.5 of this article must transfer to the credit institution in full the information obtained during the identification, in the manner prescribed by the agreement, within the period established by the Bank of Russia in agreement with the authorized organ.";
i) add paragraph 1.10 with the following content:
"1.10. A credit institution is obliged to report to the Bank of Russia, in accordance with the procedure established by it, information on the persons to whom the credit institution has been entrusted with carrying out identification.";
j) in paragraph nine of clause 2 the word "recommendations" shall be replaced by the word "requirements";
2) in Article 8:
a) in part three the words "up to five working days" shall be replaced by the words "up to 30 days";
b) add a new part four as follows:
"According to a court decision, on the basis of an application from the authorized body, operations with bank accounts (deposits), as well as other operations with cash or other property of organizations or persons in respect of which there is information received in accordance with the procedure established in accordance with this Federal Law about their involvement in extremist activity or terrorism, or legal entities directly or indirectly owned or controlled by such organization or person, or individuals or legal entities acting on behalf of or at the direction of such organization or person, are suspended until such decision is reversed in accordance with the legislation of the Russian Federation. Federation.";
c) Parts four and five shall be considered parts five and six, respectively;
3) the second part of Article 10 shall be supplemented with the words "or on the basis of the principle of reciprocity".
Article 10
Include in the Code of Administrative Offenses of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 1, Art. 1; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, item 4434; No. 50, item 4847, 4855; No. 52, item 5037; 2004, No. 31, item 3229; No. 34, item 3529, 3533; 2005, No. 1, item 9, 13, 45; No. 10, pp. 763; No. 13, pp. 1075, 1077; No. 19, pp. 1752; No. 27, pp. 2719, 2721; No. 30, pp. 3104, 3131; No. 50, pp. 5247; 2006, No. 1, item 10; No. 2, item 172; No. 10, item 1067; No. 12, item 1234; No. 17, item 1776; No. 18, item 1907; No. 19, item 2066; No. 23, item 2380; No. 31, item 3420, 3433, 3438, 3452; No. 45, item 4641; No. 50, item 5279; No. 52, item 5498; 2007, No. 1, item 21, 29, 33; No. 16, 1825; No. 26, 3089; No. 30, 3755; No. 31, 4007, 4008; No. 41, 4845; No. 43, 5084 ; No. 46, item 5553; 2008, No. 18, item 1941; No. 20, item 2251; No. 30, item 3604; No. 49, item 5745; No. 52, item 6235, 6236; 2009, No. 7, pp. 777; No. 23, pp. 2759, 2776; No. 26, pp. 3120, 3122; No. 29, pp. 3597, 3642; No. 30, pp. 3739; No. 45, p. T. 5267; No. 48, art. 5711, 5724; No. 52, art. 6412; 2010, no. 1, art. one; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416; No. 28, Art. 3553; No. 30, art. 4002, 4005, 4006, 4007; No. 31, art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, Art. 5192, 5193; No. 49, Art. 6409; 2011, no. 1, art. 10, 23, 54; No. 7, Art. 901, 905; No. 15, art. 2039; No. 17, Art. 2310; No. 19, Art. 2715) the following changes:
1) in Article 15.1:
a) the name shall be stated in the following wording:
"Article 15.1. Violation of the procedure for working with cash and the procedure for conducting cash transactions, as well as violation of the requirements for the use of special bank accounts";
b) in the first paragraph, the word "Violation" shall be replaced by the words "1. Violation";
c) add part 2 of the following content:
"2. Violation by payment agents operating in accordance with Federal Law No. 103-FZ of June 3, 2009 "On the activity of accepting payments from individuals carried out by payment agents", by bank payment agents and bank payment subagents operating in accordance with Federal Law "On the National Payment System", the obligation to hand over to a credit institution the cash received from payers when accepting payments for crediting in full to their special bank account (accounts), as well as non-use by payment agents, suppliers, bank payment agents, bank payment sub-agents of special bank accounts for the relevant settlements -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles; for legal entities - from forty thousand to fifty thousand rubles.
2) Chapter 15 shall be supplemented with Article 15.36 as follows:
"Article 15.36
Repeated failure within a year by a payment system operator, an operating center, a payment clearing center of an order of the Bank of Russia sent to them in the exercise of supervision in the national payment system -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand roubles; for legal entities - from one hundred thousand to five hundred thousand rubles.
3) Part 1 of Article 23.1 after the figures "15.33," shall be supplemented with the words "15.36 (with the exception of administrative offenses committed by a credit institution),";
4) in Article 28.3:
a) point 81 of part 2 shall be stated in the following wording:
"81) officials of the Bank of Russia - on the administrative offenses provided for in Article 15.26, parts 1-4 of Article 15.27, Article 15.36 (with the exception of administrative offenses committed by a credit institution) of this Code;";
b) in Paragraph 1 of Part 4 the words "and authorized executive authorities of the constituent entities of the Russian Federation" shall be replaced by the words "authorized executive authorities of the constituent entities of the Russian Federation and the Bank of Russia";
5) in Article 32.2:
a) Part 3 shall be stated as follows:
"3. The amount of an administrative fine is paid or transferred by a person brought to administrative responsibility to a credit organization, including with the involvement of a bank paying agent or a bank payment sub-agent operating in accordance with the Federal Law "On the National Payment System", an organization of the federal postal communications or a payment agent operating in accordance with Federal Law No. 103-FZ of June 3, 2009 "On the activity of accepting payments from individuals carried out by payment agents.";
b) part 53 after the words "evidencing the payment of an administrative fine," add the words "and information on the payment of an administrative fine in the State Information System on State and Municipal Payments,";
c) add part 8 of the following content:
"8. A bank or other credit organization, an organization of the federal postal service, a payment agent engaged in accepting payments from individuals, or a banking payment agent (subagent) operating in accordance with the Federal Law "On the National Payment System", which pays the amount of an administrative fine, are obliged immediately after the payment of an administrative fine by a person held administratively liable, to send information about the payment of an administrative fine to the State Information System on State and Municipal Payments, provided for by Federal Law No. municipal services".
Article 11
Include in Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52 5032; 2004, No. 27, item 2711; No. 31, item 3233; 2005, No. 25, item 2426; No. 30, item 3101; 2006, No. 19, item 2061; No. 25, item 2648; 2007, No. 1, pp. 9, 10; No. 10, pp. 1151; No. 18, pp. 2117; 2008, No. 42, pp. 4696, 4699; No. 44, pp. 4982; No. 52, pp. 6229, 6231; 2009, No. 1, article 25; No. 29, article 3629; No. 48, article 5731; 2010, No. 45, article 5756; 2011, No. 7, article 907) the following changes:
1) Paragraph four of part one of Article 3 shall be stated as follows:
"Ensuring stability and development of the national payment system.";
2) Article 4 shall be supplemented with paragraph 4.1 of the following content:
"4.1) exercise supervision and supervision in the national payment system;";
3) Paragraph five of paragraph 8 of Article 13 shall be stated as follows:
"ensuring the stability and development of the national payment system;";
4) supplement Article 62.1 with the following content:
"Article 62.1. The Bank of Russia establishes for non-bank credit institutions entitled to transfer funds without opening bank accounts and other banking operations related to them, provided for in Clause 1 of Part Three of Article 1 of the Federal Law "On Banks and Banking Activity", the following mandatory standards:
1) the ratio of own funds (capital) adequacy, defined as the ratio of the amount of own funds (capital) to the amount of liabilities to customers as of the last reporting date of the quarter. The own funds (capital) adequacy ratio is set at 2 percent;
2) liquidity ratio, defined as the ratio of the amount of liquid assets due within the next 30 calendar days to the amount of liabilities to customers as of the last reporting date of the quarter. The liquidity ratio is set at 100 percent.
Non-bank credit institutions entitled to transfer funds without opening bank accounts and other related banking operations are required to manage operational risk and ensure the continuity of the transfer of funds in accordance with the requirements established by Bank of Russia regulations.
Non-bank credit institutions that have the right to make money transfers without opening bank accounts and other related banking operations, whose average half-yearly volume of obligations to customers for money transfers without opening bank accounts during the month exceeds 2 billion rubles, submit reports to the Bank of Russia quarterly.
Non-bank credit institutions that have the right to make money transfers without opening bank accounts and other banking operations related to them, whose average half-yearly volume of obligations to customers for money transfers without opening bank accounts during the month does not exceed 2 billion rubles, represent reporting to the Bank of Russia every six months.
The procedure and forms for reporting by non-bank credit institutions entitled to transfer funds without opening bank accounts and other related banking operations are established by Bank of Russia regulations.
Non-bank credit institutions that have the right to make money transfers without opening bank accounts and other related banking operations are entitled to place funds provided by customers for transfers without opening bank accounts, exclusively:
1) on a correspondent account with the Bank of Russia;
2) on deposits of the Bank of Russia;
3) on correspondent accounts with credit institutions.
Non-bank credit institutions that have the right to make money transfers without opening bank accounts and other banking operations related to them are obliged to disclose to an unlimited circle of persons information on persons that have a significant (direct or indirect) influence on decisions taken by their management bodies, in accordance with the procedure established by the Bank of Russia for banks registered in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation.
5) part one of Article 73 shall be stated as follows:
"Article 73. In order to exercise the functions of banking regulation and banking supervision, the Bank of Russia conducts inspections of credit institutions (their branches), sends them binding orders to eliminate violations of federal laws revealed in their activities, and Bank of Russia regulations issued in accordance with them, and applies the measures provided for by this Federal Law in relation to violators.";
6) part four of Article 74 shall be stated as follows:
"The Bank of Russia cannot apply the measures provided for in parts one and two of this article to a credit institution if five years have elapsed from the day the violation was committed. The measures provided for in this article cannot be applied by the Bank of Russia in connection with the failure of the credit institution (its branch) provisions of documents (acts) of the Bank of Russia that are not normative acts or instructions of the Bank of Russia.";
7) Chapter XII shall be declared invalid;
8) add chapter XII.1 with the following content:
"Chapter XII.1. Ensuring stability and development of the national payment system
Article 82.1. Stability and development of the national payment system are ensured by the Bank of Russia in accordance with the Federal Law "On the National Payment System".
The directions of development of the national payment system are determined by the strategy for the development of the national payment system adopted by the Bank of Russia.
Article 82.2. The Bank of Russia organizes and ensures the efficient and uninterrupted functioning of the payment system of the Bank of Russia and monitors it.
Article 82.3. The Bank of Russia establishes the rules for cash settlements, including restrictions on cash settlements between legal entities, as well as settlements with the participation of citizens related to their entrepreneurial activities.
The Bank of Russia establishes the rules, forms and standards of non-cash payments.".
Article 12
Include in the Federal Law of May 22, 2003 No. 54-FZ "On the use of cash registers in the implementation of cash settlements and (or) settlements using payment cards" (Collected Legislation of the Russian Federation, 2003, No. 21, art. 1957; 2009, No. 23, Article 2776; No. 29, Article 3599; 2010, No. 31, Article 4161) the following changes:
1) Paragraph nine of Article 1 after the words "bank paying agent," shall be supplemented with the word "subagent,";
2) Clause 4 of Article 2 after the words "bank paying agents," shall be supplemented with the word "subagents,";
3) in Article 4:
a) Paragraph two of clause 1 after the words "bank paying agents," shall be supplemented with the word "subagents,";
b) Paragraph one of Clause 1.1 after the words "bank paying agent" shall be supplemented with the word "subagent", after the words "bank payment agents" shall be supplemented with the word "subagents";
4) the first paragraph of clause 1 of Article 5 after the words "bank payment agents," shall be supplemented with the word "subagents."
Article 13
Article 54 of the Federal Law of July 7, 2003 No. 126-FZ "On Communications" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 28, Art. 2895; 2004, No. 35, Art. 3607; 2006, No. 10, Art. 1069) add paragraph 4 with the following content:
"4. Funds that are an advance payment by a subscriber - an individual for communication services, can be used to increase the balance of electronic funds of such a subscriber in accordance with the Federal Law "On the National Payment System".".
Article 14
Include in Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 50, Art. 4859; 2005, No. 30, Art. 3101; 2006, No. 31, 3430; 2007, No. 1, article 30; 2008, No. 30, article 3606) the following changes:
1) in Article 10:
a) add part 1.1 of the following content:
"1.1. Non-residents have the right, without restrictions, to make transfers of foreign currency and the currency of the Russian Federation among themselves on the territory of the Russian Federation without opening bank accounts, as well as to make transfers of foreign currency and the currency of the Russian Federation without opening bank accounts from the territory of the Russian Federation and receive on the territory of the Russian Federation transfers of foreign currency and the currency of the Russian Federation without opening bank accounts.";
b) part 3 shall be supplemented with the words ", except for the cases established by part 1.1 of this article";
2) in Article 14:
a) Paragraph one of part 2 shall be supplemented with the words "as well as electronic money transfers";
b) Part 3 shall be supplemented with paragraph 9 of the following content:
"9) a transfer without opening a bank account by a resident individual in favor of a non-resident on the territory of the Russian Federation, receipt by a resident individual of a transfer without opening a bank account in the Russian Federation from a non-resident, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide for, respectively only limiting the amount of the transfer and the amount of receiving the transfer.".
Article 15
Part 2 of Article 5 of the Federal Law of December 23, 2003 No. 177-FZ "On Insurance of Deposits of Individuals in Banks of the Russian Federation" add paragraph 5 with the following content:
"5) being electronic money.".
Attention! The wording of Article 16 was amended in accordance with Federal Law No. 401-FZ of December 6, 2011.
New edition:
Article 16
Part 3 of Article 40 of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition" (Collected Legislation of the Russian Federation, 2006, No. 31, Article 3434) after the word "organizations" shall be supplemented with the words ", organizations - operators of payment systems, payment infrastructure service providers in the course of their activities in accordance with the Federal Law "On the National Payment System".
Old edition:
Article 16
Part 3 of Article 40 of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition" (Collection of Legislation of the Russian Federation, 2006, No. 31, Article 3434) after the word "services" shall be supplemented with the words ", as well as organizations - payment service providers systems, operators of payment infrastructure services in the course of their activities in accordance with the Federal Law "On the National Payment System".
Article 17
Introduce the following amendments to the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, No. 41, Article 4849):
1) article 70:
a) add part 12 as follows:
"12. The provisions of this article shall also apply in the event of foreclosure on the debtor's electronic funds, the transfer of which is carried out using personalized electronic means of payment, corporate electronic means of payment.";
b) add part 13 as follows:
"13. Funds held on a payment system guarantee fund account opened in accordance with the Federal Law "On the National Payment System" may not be levied for the obligations of a payment system operator, a central payment clearing counterparty, or a payment system participant.";
2) Article 71 shall be supplemented with part 7 of the following content:
"7. The provisions of this article shall also apply in the event of foreclosure on the debtor's electronic funds, the transfer of which is carried out using personalized electronic means of payment, corporate electronic means of payment.";
3) Article 72 shall be supplemented with part 10 of the following content:
"10. The provisions of this article shall also apply in the event of foreclosure on the debtor's electronic funds, the transfer of which is carried out using personalized electronic means of payment, corporate electronic means of payment.".
Article 18
Part 3 of Article 1 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, No. 52, Art. 6249; 2009, No. 18, item 2140; No. 29, item 3601; No. 52, item 6441; 2010, No. 17, item 1988; No. 31, item 4160, 4193; 2011, No. 7, item 905; No. 17, article 2310) after the words "banking and insurance supervision," add the words "supervision in the national payment system,".
Article 19
Include in the Federal Law of June 3, 2009 No. 103-FZ "On the activities of accepting payments from individuals carried out by payment agents" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2009, No. 23, Art. 2758; No. 48, Art. 5739; 2010, No. 19, article 2291) the following changes:
1) Article 1 shall be supplemented with part 3 of the following content:
"3. The provisions of the Federal Law "On the National Payment System" apply to relations regulated by this Federal Law only insofar as monitoring is carried out by the Bank of Russia in accordance with Clause 1 of Part 1 of Article 35 of the said Federal Law.";
2) Item 3 of Article 2 after the words "legal entity" shall be supplemented with the words ", with the exception of a credit institution,";
3) in Article 4:
a) Part 3 shall be stated as follows:
"3. At the request of the payer, the supplier is obliged to provide, at the request of the payer, information on the payment agents accepting payments in his favor, on the places for accepting payments, and is also obliged to provide the tax authorities, at their request, with a list of payment agents accepting payments in his favor, and information on the places accepting payments.";
b) Part 7 shall be supplemented with a new second sentence with the following content: "In case of such involvement, the relevant powers of the payment subagent do not require notarization.";
c) in part 14 the word "separate" shall be replaced by the word "special";
d) in Part 15 the word "separate" shall be replaced by the word "special";
e) add part 16 of the following content:
"16. The following operations may be carried out on the special bank account of the paying agent:
1) crediting of cash received from individuals;
2) crediting funds debited from another special bank account of the paying agent;
3) debiting funds to a special bank account of the paying agent or supplier;
4) debiting funds to bank accounts.";
f) add part 17 of the following content:
"17. Carrying out other operations on the special bank account of the paying agent is not allowed.";
g) add part 18 with the following content:
"18. When making settlements with the paying agent when accepting payments, the Supplier is obliged to use a special bank account. The Supplier is not entitled to receive funds accepted by the paying agent as payments to bank accounts that are not special bank accounts.";
h) add part 19 as follows:
"19. Operations can be carried out on the supplier's special bank account:
1) crediting funds debited from the special bank account of the paying agent;
2) debiting funds to bank accounts.";
i) add part 20 of the following content:
"20. Carrying out other operations on the supplier's special bank account is not allowed.";
j) add part 21 of the following content:
"21. Credit institutions are not entitled to act as payment acceptance operators or payment subagents, as well as enter into agreements on the implementation of activities for accepting payments from individuals with suppliers or payment acceptance operators.";
4) in Article 7:
a) add part 4 of the following content:
"4. Control over the observance by paying agents of their obligations to hand over to a credit institution the cash received from payers when accepting payments for crediting in full to their special bank account(s), as well as to use by paying agents and suppliers of special bank accounts for making settlements when accepting payments are carried out by the tax authorities of the Russian Federation.
b) add part 5 of the following content:
"5. Banks are obliged to issue certificates to the tax authorities on the availability of special bank accounts in the bank and (or) on the balance of funds on special bank accounts, statements on operations on special bank accounts of organizations (individual entrepreneurs) within three days from the date of receipt of a reasoned request tax authority Certificates on the availability of special bank accounts and (or) on cash balances on special bank accounts, as well as statements on operations on special bank accounts of organizations (individual entrepreneurs) in a bank may be requested by tax authorities in cases of control provided for by part 4 of this article, in relation to these organizations (individual entrepreneurs).";
c) add part 6 of the following content:
"6. The form (formats) and procedure for sending a request to a bank by tax authorities shall be established by the federal executive body authorized for control and supervision in the field of taxes and fees. The form and procedure for the provision of information by banks at the request of tax authorities shall be 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.Formats for the provision of information by banks 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.";
d) add part 7 of the following content:
"7. Payment acceptance operators are obliged to issue to the tax authorities information on the settlements made within three days from the date of receipt of a reasoned request from the tax authority. Information on the settlements made may be requested by the tax authorities in cases of control provided for by Part 4 of this Article.";
e) add part 8 of the following content:
"8. The form (formats) and procedure for sending a request by a tax authority to a payment acceptance operator shall be established by the federal executive body authorized for control and supervision in the field of taxes and fees. The form and procedure for the payment acceptance operator to provide information at the request of tax authorities shall be established by the federal authority the executive authority authorized to exercise control and supervision in the area of taxes and fees. The formats for the provision of information by payment acceptance operators in electronic form at the request of tax authorities are approved by the federal executive body authorized to control and supervise taxes and fees.";
5) Article 8 shall be supplemented with part 4 of the following content:
"4. Acceptance of payments without crediting cash received from individuals to a special bank account specified in Parts 14 and 15 of Article 4 of this Federal Law, as well as receipt by the supplier of funds accepted by the paying agent as payments to bank accounts, is not which are special bank accounts specified in Part 18 of Article 4 of this Federal Law are not allowed.".
Article 20
Amend Federal Law No. 210-FZ of July 27, 2010 "On the Organization of the Provision of State and Municipal Services" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038) the following changes:
1) paragraph 2 of Article 7 after the words "providing documents and information," add the words "including payment of the state fee levied for the provision of state and municipal services,";
2) Chapter 5 shall be supplemented with Article 21.3 as follows:
"Article 21.3. State information system on state and municipal payments
1. The state information system on state and municipal payments is an information system designed to place and receive information on the payment by individuals and legal entities of payments for the provision of state and municipal services, the services specified in Part 3 of Article 1 and Part 1 of Article 9 of this Federal Law , payments that are sources of income generation for the budgets of the budget system of the Russian Federation, as well as other payments, in cases provided for by federal laws.
2. The creation, maintenance, development and maintenance of the State Information System on state and municipal payments is carried out by the Federal Treasury.
3. The procedure for maintaining the State Information System on state and municipal payments is established by the Federal Treasury in agreement with the Central Bank of the Russian Federation. The specified order determines:
1) a list of information required for payment, including the amount payable, for state and municipal services, services specified in Part 3 of Article 1 and Part 1 of Article 9 of this Federal Law, as well as other payments, in cases provided for by federal laws, the procedure its receipt and provision;
2) a list of information on payment for state and municipal services, services specified in Part 3 of Article 1 and Part 1 of Article 9 of this Federal Law, as well as other payments, in cases provided for by federal laws, the procedure for its receipt and provision;
3) the procedure for access to the State information system on state and municipal payments.
4. A bank, another credit institution, a federal postal organization, a territorial body of the Federal Treasury (another body that opens and maintains personal accounts in accordance with the budgetary legislation of the Russian Federation), including those that make payments in electronic form, as well as other bodies or organizations through which the applicant pays money for state and municipal services, the services specified in Part 3 of Article 1 and Part 1 of Article 9 of this Federal Law, as well as other payments that are sources of income for the budgets of the budget system of the Russian Federation, are obliged to immediately send information about their payment to the State Information System on State and Municipal Payments.
5. State and municipal institutions after the accrual of the amount payable by the applicant for the services provided, specified in Part 3 of Article 1 and Part 1 of Article 9 of this Federal Law, as well as other payments, in cases provided for by federal laws, are obliged to immediately send information, necessary for its payment, to the State Information System on State and Municipal Payments.
Article 21
Amend Federal Law No. 311-FZ of November 27, 2010 "On Customs Regulation in the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 48, Article 6252) with the following amendments:
1) in Article 116:
a) Part 14 shall be stated as follows:
"14. Payment of customs payments, advance payments, penalties, interest, fines in accordance with this Federal Law may be carried out using devices designed to perform transactions using electronic means of payment, without the possibility of accepting (issuing) cash (hereinafter referred to as electronic terminals), as well as through payment terminals or ATMs.";
b) Part 15 shall be stated as follows:
"15. When paying customs payments, advance payments, penalties, interest, fines using electronic terminals, payment terminals and ATMs, information exchange between participants in settlements is carried out by legal entities responsible for the receipt to the account of the Federal Treasury and (or) to the account determined by the international an agreement between the member states of the Customs Union, funds paid using electronic terminals, payment terminals and ATMs, as well as ensuring the proper fulfillment of obligations assumed in accordance with the legislation of the Russian Federation by providing bank guarantees and (or) depositing funds (money) to the account of the Federal Treasury.The requirements for these legal entities, the procedure for organizing interaction between them, payers of customs duties, taxes and the federal executive body authorized in the field of customs are determined by the Government of the Russian Federation Yi Federation.";
c) Part 16 shall be stated as follows:
"16. The procedure and technologies for performing operations for the payment of customs payments, advance payments, penalties, interest, fines using electronic terminals, payment terminals and ATMs are determined by the federal executive body authorized in the field of customs.";
2) Part 2 of Article 117 shall be stated as follows:
"2. For the purposes of releasing goods upon payment of customs duties and taxes by bank transfer, confirmation of the fulfillment of the payer's obligation to pay customs duties and taxes shall be the receipt of amounts of customs duties and taxes to the accounts specified in Article 116 of this Federal Law, and upon payment of customs duties, taxes using electronic terminals, payment terminals or ATMs in accordance with Part 15 of Article 116 of this Federal Law, such confirmation is a document generated by an electronic terminal, payment terminal or ATM, including in electronic form, confirming the transfer of funds to the accounts indicated in Article 116 of this Federal Law. From the moment of formation of the specified document, the transfer of funds carried out for the purpose of paying customs duties and taxes becomes irrevocable.".
Article 22
Recognize invalid:
1) Clause 2 of Article 1 of Federal Law No. 140-FZ of July 27, 2006 "On Amendments to the Federal Law "On Banks and Banking Activities" and Article 37 of the Law of the Russian Federation "On Protection of Consumer Rights" (Collected Legislation of the Russian Federation, 2006 , No. 31, item 3439);
2) Clause 1 of Article 1 of Federal Law No. 121-FZ dated June 3, 2009 "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Accepting Payments from Individuals Carried out by Paying Agents" (Collected Legislation of the Russian Federation, 2009, No. 23, item 2776);
3) Clause 1 of Article 1 of Federal Law No. 148-FZ of July 1, 2010 "On Amendments to Articles 13.1 and 29 of the Federal Law "On Banks and Banking Activities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 27, Article 3432) .
Article 23
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. Paragraphs three and four of subparagraph "a" of paragraph 2 of Article 1 of this Federal Law shall enter into force upon the expiration of one hundred and eighty days after the day of the official publication of this Federal Law.
3. Clauses 1 - 7, 9 and 10 of Article 5 of this Federal Law shall enter into force not earlier than three months after its official publication.
4. Subparagraphs "a" and "b" of paragraph 9 and paragraph 11 of Article 1, Articles 4 and 7, paragraphs 2, 3 and subparagraph "a" of paragraph 4 of Article 10, paragraphs 1 - 3, 7 and 8 of Article 11, Article 16 , subparagraph "b" of paragraph 1 of Article 17, Article 18 of this Federal Law shall enter into force one year after the day of the official publication of this Federal Law.
5. Clause 8 of Article 5, Article 8, subparagraphs "b" and "c" of Clause 5 of Article 10, Article 20 of this Federal Law shall enter into force on January 1, 2013.
6. The provisions of Clause 1 of Article 166.1 of the Budget Code of the Russian Federation (as amended by this Federal Law) shall apply from January 1, 2013.
7. Credit institutions that, as of the day this Federal Law enters into force, have the right to make money transfers on behalf of individuals without opening bank accounts, are entitled to make money transfers without opening bank accounts, including electronic money transfers.
8. From the date of entry into force of this Federal Law, acceptance of payments without crediting cash received from individuals to a special bank account specified in Parts 14 and 15 of Article 4 of Federal Law No. 103-FZ of June 3, 2009 "On Acceptance payments of individuals made by paying agents" (as amended by this Federal Law), as well as the receipt by the supplier of funds accepted by the paying agent as payments to bank accounts that are not special bank accounts specified in Part 18 of Article 4 of the Federal Law of 3 June 2009 No. 103-FZ "On the activity of accepting payments from individuals carried out by payment agents" (as amended by this Federal Law) are not allowed.
9. The provisions of Parts 14 and 15 of Article 4 of Federal Law No. 103-FZ of June 3, 2009 "On the Activities of Accepting Payments from Individuals Carried out by Paying Agents" (as amended by this Federal Law) apply to relations arising from previously concluded agreements on the implementation of activities to receive payments from individuals.
10. The provisions of Part 21 of Article 4 of Federal Law No. 103-FZ of June 3, 2009 "On the Activities of Accepting Payments from Individuals Carried out by Paying Agents" (as amended by this Federal Law) shall apply to relations arising from agreements previously concluded by credit organizations with suppliers and operators for accepting payments and subject to termination from the date of entry into force of this Federal Law.

President of the Russian Federation D. Medvedev