Russian Federation the federal law
This Federal Law in order to ensure national security Russian Federation, streamlining lobbying activities, expanding investment in national economy and improve the effectiveness of combating corruption, a ban is established on persons making decisions on duty affecting issues of sovereignty and national security of the Russian Federation, to open and have accounts (deposits), to keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments, the categories of persons in respect of which this prohibition is established, the procedure for verifying compliance by these persons with this prohibition and the measures of responsibility for its violation are determined.
1. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) public positions of the Russian Federation;
b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;
c) positions of members of the Board of Directors Central Bank Russian Federation;
d) public positions of subjects of the Russian Federation;
e) federal positions public service appointment to and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;
f) positions of deputy heads federal bodies executive power;
g) positions in state corporations (companies), foundations and other organizations created by the Russian Federation on the basis of federal laws, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
h) positions of heads of urban districts, heads of municipal districts;
2) spouses and minor children of the persons specified in paragraph 1 of this paragraph;
3) to other persons in cases stipulated by federal laws.
2. The federal laws referred to in Clause 3 of Part 1 of this Article may provide for the periods within which accounts (deposits) must be closed, the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) foreign financial instruments have been alienated, the grounds for and procedure for carrying out relevant checks, as well as the legal consequences of non-compliance with the prohibition established by this Federal Law.
3. The prohibition provided for by this Federal Law to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons referred to in Clause 1 of Part 1 of this Article who hold (hold) state positions of the Russian Federation and positions of federal civil service in official representative offices of the Russian Federation located outside the territory of the Russian Federation, official representative offices of federal executive bodies, appointment and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation, as well as spouse (s) and minor children of these persons.
2. If the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for in Part 1 of this Article in connection with the arrest, prohibition of orders imposed before the date of entry into force of this Federal Law by the competent authorities foreign state in accordance with the legislation of the given foreign state in whose territory accounts (deposits) are located, cash and valuables are kept in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the specified in this part of the arrest, prohibition order.
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with this Federal Law, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside territory of the Russian Federation, to own and (or) use foreign financial instruments, is subject to termination within three months from the date of entry into force of this Federal Law.
2. Citizens applying for the filling (occupation) of the positions specified in Clause 1 of Part 1 of Article 2 of this Federal Law, when presented in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for by paragraph 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.
3. A citizen, his spouse (husband) and minor children are obliged, within three months from the date of filling (occupation) by a citizen of the position specified in clause 1 of part 1 of Article 2 of this Federal Law, to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
1. The basis for making a decision to carry out a compliance check by a person who, in accordance with this Federal Law, is prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) use foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in paragraph 1 of this article may be submitted in writing in the prescribed manner:
1) law enforcement, other state bodies, central bank Russian Federation, credit institutions, other Russian organizations, local governments, employees (employees) of divisions for the prevention of corruption and other offenses and officials of state bodies, local governments, the Central Bank of the Russian Federation, as well as foreign banks and international organizations; Federal Law "On Combating Corruption" of this Federal Law, explanations on the information and materials submitted by him;
4) send, in accordance with the established procedure, requests to the prosecution authorities of the Russian Federation, other federal government bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local governments, public associations and other Russian organizations, to banks and other organizations of foreign states about the information they have about the presence of persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation , own and (or) use foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in this paragraph, are determined by the President of the Russian Federation;
5) make inquiries individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received a request provided for in Clause 4 of Part 2 of this Article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.
Non-compliance by the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, to own and (or) use foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.
The president
Russian Federation
V.Putin
Article 1
In order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and improve the effectiveness of combating corruption, this Federal Law establishes a ban on persons making decisions on duty affecting issues of sovereignty and national security of the Russian Federation to open and have accounts ( deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition and penalties for its violation.
Article 2
1. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) public positions of the Russian Federation;
b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;
c) positions of members of the Board of Directors of the Central Bank of the Russian Federation;
d) public positions of subjects of the Russian Federation;
e) positions of the federal civil service, appointment to and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;
f) positions of deputy heads of federal executive bodies;
g) positions in state corporations (companies), foundations and other organizations created by the Russian Federation on the basis of federal laws, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
h) positions of heads of urban districts, heads of municipal districts;
2) spouses and minor children of the persons specified in paragraph 1 of this paragraph;
3) to other persons in cases stipulated by federal laws.
2. The federal laws referred to in Clause 3 of Part 1 of this Article may provide for the periods within which accounts (deposits) must be closed, the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) foreign financial instruments have been alienated, the grounds for and procedure for carrying out relevant checks, as well as the legal consequences of non-compliance with the prohibition established by this Federal Law.
3. The prohibition provided for by this Federal Law to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons referred to in Clause 1 of Part 1 of this Article who hold (hold) state positions of the Russian Federation and positions of federal civil service in official representative offices of the Russian Federation located outside the territory of the Russian Federation, official representative offices of federal executive bodies, appointment and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation, as well as spouse (s) and minor children of these persons.
Article 3
1. The persons specified in Clauses 1 and 2 of Part 1 of Article 2 of this Federal Law shall, within three months from the date of entry into force of this Federal Law, close accounts (deposits), stop keeping cash and valuables in foreign banks located outside outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In case of failure to fulfill such obligation, the persons specified in Clause 1 of Part 1 of Article 2 of this Federal Law are obliged to terminate their powers ahead of schedule, vacate their (occupied) position or resign.
2. In the event that the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for in Part 1 of this Article in connection with the arrest, prohibition of orders imposed before the date of entry into force of this Federal Law by the competent authorities of a foreign state in accordance with the legislation of the given foreign state in whose territory accounts (deposits) are located, cash and valuables are kept in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the specified in this part of the arrest, prohibition order.
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with this Federal Law, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside territory of the Russian Federation, to own and (or) use foreign financial instruments, is subject to termination within three months from the date of entry into force of this Federal Law.
Article 4
1. The persons specified in Clause 1 of Part 1 of Article 2 of this Federal Law, when presented in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption "), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and obligations of a property nature indicate information about the property belonging to them, their spouses and minor children real estate, located outside the territory of the Russian Federation, about the sources of funds from which the said property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses (spouses) and minor children.
2. Citizens applying for the filling (occupation) of the positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when presented in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for in paragraph 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.
3. A citizen, his spouse (husband) and minor children are obliged, within three months from the date of filling (occupation) by a citizen of the position specified in clause 1 of part 1 of Article 2 of this Federal Law, to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
Article 5
1. The basis for making a decision to carry out a compliance check by a person who, in accordance with this Federal Law, is prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) use foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in paragraph 1 of this article may be submitted in writing in the prescribed manner:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local governments, employees (employees) of departments for the prevention of corruption and other offenses and officials of state bodies, local governments, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) Public Chamber Russian Federation;
4) all-Russian means mass media.
3. Anonymous information cannot serve as a basis for making a decision to carry out an audit.
Article 6
1. The decision to conduct an audit is made by an official authorized to make a decision to audit a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. The decision to carry out an inspection is made in the manner provided for making a decision to carry out an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
3. The verification is carried out in the manner and within the time limits that are provided for verification of compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
Article 7
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. When carrying out an inspection, the bodies, divisions and officials specified in Part 1 of this Article shall have the right to:
1) conduct, on their own initiative, a conversation with the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law;
2) study additional materials received from the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, or from other persons;
3) receive from the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law explanations on the information and materials submitted by him;
4) send, in accordance with the established procedure, requests to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the subjects of the Russian Federation, territorial bodies of federal executive bodies, local governments, public associations and other Russian organizations, to banks and other organizations of foreign states about information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in this paragraph, are determined by the President of the Russian Federation;
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received a request provided for in Clause 4 of Part 2 of this Article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.
Article 8
The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, in connection with the verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, have the right to own and (or) use foreign financial instruments:
1) give explanations, including in writing, on issues related to the audit;
2) submit additional materials and give explanations on them in writing;
3) file a petition with the body, subdivision or official specified in Part 1 of Article 7 of this Federal Law for a conversation with him on issues related to the implementation of the audit. The request is subject to obligatory satisfaction.
Article 9
The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, for the period of verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments may be removed from the substituted (occupied) position in accordance with the established procedure for a period not exceeding sixty days from the date of the decision to conduct an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of removal from the substituted (occupied) position, the monetary allowance for the substituted (occupied) position is retained.
Article 10
Non-compliance by the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, to own and (or) use foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.
President of the Russian Federation V. Putin
ADMINISTRATION OF BLAGOVESCHENSKY RURAL SETTLEMENT
BOLSHESELSKY MR YAROSLAV REGION
RESOLUTION
dated 20.01.2015 No. 4
d. Borisovskoe
"On the prohibition of certain categories of persons to open
and have accounts (deposits), keep cash
funds and valuables in foreign banks,
located outside the territory
Russian Federation, own and (or) use
foreign financial instruments.
In accordance with Federal Law No. 79-FZ of 07.05.2013 “On the prohibition of certain categories of persons to open or have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments."
RESOLVE:
. 1. Approve the Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (Appendix).
2. The decision to place on the website of the Administration of Blagoveshchensky rural settlement.
3. The resolution comes into force from the moment of its signing.
Head of Administration
Blagoveshchensk rural settlement A.V. Berezin
Application
to the decision of the Administration
Blagoveshchensk rural settlement
No. 4 dated 01/20/2015
Regulation on the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments
1. In order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and improve the effectiveness of combating corruption, this provision establishes a ban on persons making decisions on duty that affect issues of sovereignty and national security of the Russian Federation to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition are determined and penalties for its violation.
2. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
persons replacing (occupying):
positions of the head of the Blagoveshchensk rural settlement;
spouses and minor children, persons holding a municipal position of administration of the Blagoveshchensk rural settlement.
3. The persons specified in clause 2 of this provision are obliged, within three months from the date of entry into force of this provision, to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) carry out the alienation of foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in paragraph 2 of this provision are obliged to terminate their powers ahead of schedule, vacate the occupied (occupied) position or resign.
In the event that the persons specified in paragraph 2 of this provision cannot fulfill the requirements provided for in paragraph 1 in connection with the arrest, prohibition of the order, imposed before the day this provision comes into force by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the arrest, prohibition of the order specified in this part.
Trust management of property, which provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with this provision, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation , own and (or) use foreign financial instruments, is subject to termination within three months from the date of entry into force of this provision.
4. The persons specified in Article 2 of this provision, when presented in accordance with federal constitutional laws, Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption" (hereinafter referred to as the Federal Law "On Combating Corruption"), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and obligations of a property nature indicate information about the real estate owned by them, their spouses and minor children located outside the territory of the Russian Federation, about the sources of funds, for on whose account the specified property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses (spouses) and minor children.
Citizens applying for filling (occupation) of the positions specified in clause 2 of this provision, when submitting information in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation on income, property and liabilities of a property nature, in addition to the information provided for in paragraph 4, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, and also information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.
A citizen, his spouse (husband) and minor children are obliged, within three months from the day the citizen fills (occupies) the position specified in paragraph 2 of this provision, to close accounts (deposits), stop storing cash and valuables in foreign banks located outside outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
5. The basis for making a decision to carry out a compliance check by a person who, in accordance with this provision, is prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.
The information specified in paragraph 1 may be submitted in writing in the prescribed manner:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local governments, employees (employees) of departments for the prevention of corruption and other offenses and officials of state bodies, local governments, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
5) Anonymous information cannot serve as a basis for making a decision to carry out an audit.
6. The decision to conduct an audit is made by an official authorized to make a decision to audit a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The decision to conduct an audit is made in the manner prescribed for making a decision to audit a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The verification is carried out in the manner and within the time limits that are provided for the verification of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
7. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
When carrying out an inspection, the bodies, divisions and officials referred to in paragraph 1 shall have the right to:
1) conduct, on their own initiative, a conversation with the person specified in paragraph 2 of this provision;
2) study additional materials received from the person specified in paragraph 2 of this provision, or from other persons;
3) receive from the person specified in paragraph 2 of this provision, explanations on the information and materials submitted by him;
4) send, in accordance with the established procedure, requests to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local governments, public associations and other Russian organizations, to banks and other organizations of foreign states about information they have about the availability of persons who, in accordance with this provision, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments , accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. Powers of the bodies, divisions and officials specified in paragraph 1
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of organizations located on the territory of Blagoveshchenskoye Rural, who received the request provided for in paragraph 4, are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.
8. The person specified in paragraph 2 of this provision, in connection with the verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments have the right:
1) give explanations, including in writing, on issues related to the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to the body, unit or official specified in part 1 of paragraph 7 of this provision, to conduct a conversation with him on issues related to the implementation of the audit. The request is subject to obligatory satisfaction.
9. The person specified in paragraph 2 of this provision, for the period of verification of compliance with him, his spouse (husband) and (or) minor children, the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside outside the territory of the Russian Federation, to own and (or) use foreign financial instruments may be removed from the position being replaced (occupied) in accordance with the established procedure for a period not exceeding sixty days from the date of the decision to carry out an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of removal from the substituted (occupied) position, the monetary allowance for the substituted (occupied) position is retained.
10 Non-compliance by the person specified in clause 2 of this provision, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) to use foreign financial instruments entails early termination of powers, dismissal from the replaced (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.
COUNCIL OF DEPUTIES
ROGOVSKY SETTLEMENTS IN THE CITY OF MOSCOW
SOLUTION No. 29/2
On the approval of the regulation "On the prohibition of certain
store cash and valuables
in foreign banks located outside
territory of the Russian Federation, own and (or)
use foreign financial instruments"
In accordance with the Federal Law of 07.05.2013. 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments",
The Council of Deputies of the settlement of Rogovskoye decided:
The head of the settlement Rogovskoye O.A. Vdovina
Application
to the decision of the Council of Deputies
Rogovskoye settlements
Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments"
Article 1
This Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (hereinafter referred to as the Regulation) for the purposes of to improve the effectiveness of combating corruption, a ban is established on persons who, on duty, make decisions affecting the sovereignty and national security of the Russian Federation, and (or) participate in the preparation of such decisions, to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments, the categories of persons in respect of which this prohibition is established, the procedure for verifying compliance by these persons with this prohibition and the measures of responsibility for its violation are determined.
Article 2
1. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) positions of acting heads of local administrations, heads of local administrations;
2) spouses and minor children of the persons specified in subparagraphs "a" - paragraph 1 of this part;
2. The prohibition established by this article to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons holding (holding) public positions of the Russian Federation, positions of the federal civil service in official positions located outside the territory of the Russian Federation. representative offices of the Russian Federation, official representative offices of federal executive bodies, positions in representative offices of state corporations (companies) and organizations established to ensure the activities of federal state bodies, as well as spouses (spouses) and minor children of these persons.
Article 3
1. The persons specified in clauses 1 of part 1 of Article 2 of this Regulation are obliged, within three months from the date of entry into force of the Federal Law of 07.05.2013. No. 79 "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" close accounts (deposits), stop storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In case of failure to fulfill such obligation, the persons specified in clause 1 of part 1 of article 2 of this Regulation are obliged to terminate their powers ahead of schedule, vacate the position they are replacing (occupied) or resign.
2. If the persons specified in part 1 of article 2 of this Regulation cannot fulfill the requirements provided for in part 1 of this article and part 3 of article 4 of this Regulation, in connection with the arrest, prohibition of disposal imposed by the competent authorities of a foreign state in accordance with the legislation of the given foreign state on the territory of which accounts (deposits) are located, cash and valuables are kept in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances beyond the control of the persons specified in part 1 of Article 2 of this Regulation, such requirements must be met within three months from the date of termination of the arrest, prohibition of the order specified in this part, or termination of other circumstances.
2.1. Each case of non-compliance with the requirements provided for by part 1 of this article and (or) part 3 of article 4 of this Regulation is subject to consideration in the prescribed manner at a meeting of the relevant commission for compliance with the requirements for official conduct and settlement of conflicts of interest (commission for monitoring the accuracy of information about income, on property and property obligations).
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with this Regulation, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside the territory Russian Federation, to own and (or) use foreign financial instruments, is subject to termination within three months from the date of entry into force of the Federal Law of 07.05.2013. No. 79 "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments."
Article 4
1. The persons specified in paragraphs 1 of part 1 of article 2 of this Regulation, when presented in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption" ), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and obligations of a property nature indicate information about the real estate owned by them, their spouses and minor children located outside the territory of the Russian Federation, about sources receipt of funds at the expense of which the specified property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses (spouses) and minor children.
2. Citizens applying for the filling (occupation) of the positions specified in clause 1 of part 1 of article 2 of this Regulation, when presented in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other in accordance with the regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for by Part 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.
3. The persons specified in part 1 of article 2 of this Regulation are obliged, within three months from the date of filling (occupation) by a citizen of the position specified in paragraph 1 of part 1 of article 2 of this Regulation, to close accounts (deposits), stop keeping cash and of valuables in foreign banks located outside the territory of the Russian Federation, and (or) to alienate foreign financial instruments, as well as to terminate the trust management of property, which provides for investment in foreign financial instruments and the founders of the management in which these persons are.
Article 5
1. The basis for making a decision on the implementation of a compliance check by a person who, in accordance with this Regulation, is prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in paragraph 1 of this article may be submitted in writing in the prescribed manner:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local governments, employees (employees) of departments for the prevention of corruption and other offenses and officials of state bodies, local governments, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
3. Anonymous information cannot serve as a basis for making a decision to carry out an audit.
Article 6
1. The decision to conduct an audit is made by an official authorized to make a decision to audit a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. The decision to carry out an inspection is made in the manner provided for making a decision to carry out an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
3. The verification is carried out in the manner and within the time limits that are provided for verification of compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
Article 7
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. When carrying out an inspection, the bodies, divisions and officials specified in Part 1 of this Article shall have the right to:
1) conduct, on their own initiative, a conversation with the person specified in paragraphs 1 of part 1 of Article 2 of this Federal Law;
2) study additional materials received from the person specified in paragraphs 1 of part 1 of Article 2 of this Federal Law, or from other persons;
3) receive from the person specified in Clauses 1 of Part 1 of Article 2 of this Federal Law explanations on the information and materials submitted by him;
4) send, in accordance with the established procedure, requests to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the subjects of the Russian Federation, territorial bodies of federal executive bodies, local governments, public associations and other Russian organizations, to banks and other organizations of foreign states about information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in this paragraph, are determined by the President of the Russian Federation;
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received a request provided for in Clause 4 of Part 2 of this Article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.
Article 8
The person specified in paragraphs 1 of part 1 of article 2 of this Regulation, in connection with the verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, have the right to own and (or) use foreign financial instruments:
1) give explanations, including in writing, on issues related to the audit;
2) submit additional materials and give explanations on them in writing;
3) file a petition with the body, subdivision or official specified in Part 1 of Article 7 of this Federal Law for a conversation with him on issues related to the implementation of the audit. The request is subject to obligatory satisfaction.
Article 9
The person specified in paragraph 1 of part 1 of article 2 of this Regulation, for the period of verification of compliance with him, his spouse (husband) and (or) minor children, the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks, located outside the territory of the Russian Federation, own and (or) use foreign financial instruments may be removed from the position being replaced (occupied) in accordance with the established procedure for a period not exceeding sixty days from the date of the decision to conduct an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of removal from the substituted (occupied) position, the monetary allowance for the substituted (occupied) position is retained.
Article 10
Non-compliance by the person specified in clause 1 of part 1 of article 2 of this Regulation, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation , own and (or) use foreign financial instruments entails early termination of powers, dismissal from the replaced (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the relevant person
Federal Law No. 79-FZ of May 7, 2013 (as amended on May 1, 2019) "On the Prohibition of Certain Categories of Persons from Opening and Maintaining Accounts (Deposits), Keeping Cash and Valuables in Foreign Banks Located Outside the Territory of the Russian Federation, Owning and (or) use foreign financial instruments" (as amended and supplemented, effective from 06.08.2019)
State Duma
Federation Council
Statement by a civil servant on the impossibility to comply with the requirements of the Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments"<4>(hereinafter - the Federal Law "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments") in connection with arrest, prohibition of disposal imposed by the competent authorities of a foreign state in accordance with the legislation of the foreign state in whose territory accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances that do not depend on his will or the will of his wife (spouse) and minor children;
