Bills Bill 220675-6
About the ban certain categories persons to open and Federation, own and (or) use foreign financial
at the President of the Russian Federation
07.05.2013
| Bill number: | 220675-6 |
| Date of introduction of the bill to the State Duma: | 12.02.2013 |
| The address of the page of the bill in ASOZD: | http://sozd.parlament.gov.ru/bill/220675-6 |
| Responsible committee: | |
| Profile Committee: | State Duma Committee on Security and Anti-Corruption |
| Co-Executive Committee: | State Duma Committee on Financial Market |
| Date of status/phase change: | 07.05.2013 |
| Bill status: | Passage of the law from the President Russian Federation |
| Bill status phase: | Consideration of the law by the President of the Russian Federation |
| Accepted decision (wording): | the law is signed |
| Solution document type: | the federal law |
| Name of the decision document: | 79-FZ |
| Bill type: | the federal law |
| Subject of the legislative initiative: | President of the Russian Federation |
Stages of consideration:
On the draft federal law No. 220675-6 "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash cash and values in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments".
Stage of consideration: Consideration of the bill in the third reading
1135
1137 I ask you to consider the 4th and 5th issues of the agenda together, with one report.
(each line contains the line number from the transcript to the bill)
1198 Ernest Abdulovich Valeev proposes to consider the 4th and 5th questions with one
1199 report. Do we agree? Thank you.
(each line contains the line number from the transcript to the bill)
1298 4th question, the draft federal law "On the prohibition of certain categories of persons
1299 open and have accounts (deposits), keep cash and
1300 valuables in foreign banks located outside the territory
1301 Russian Federation, own and (or) use foreign financial
1302 tools". Ernest Abdulovich ...
1304 VALEEV E. A. And immediately the 5th.
1306 CHAIRMAN. And the 5th question, the draft federal law "On introducing
1307 amendments to certain legislative acts of the Russian Federation in connection with
1308 adoption of the Federal Law "On the prohibition of certain categories of persons to open and
1309 have accounts (deposits), keep cash and valuables in
1310 foreign banks located outside the territory of the Russian
1311 Federation...".
1313 Ernest Abdulovich Valeev, please.
1315 Turn on the microphone in place.
1317 VALEEV E. A. Presidential bill "On the prohibition of certain categories of persons
1318 open and have accounts (deposits), keep cash and
1319 valuables in foreign banks ... to own and (or) use foreign
1320 financial instruments", as well as the bill introduced by the deputies,
1321 which amend twenty-one federal laws and the Labor
1322 code in connection with the adoption of the presidential law, were considered in the second
1324 reading. All procedures are completed, there are no comments. It is proposed to take
1325 bills in the third reading.
1327
1329 Will there be performances based on? Please sign up.
1331 Turn on the recording mode.
1333 Show the list.
1335 FROM THE HALL. (Can not hear.)
1337 CHAIRMAN. Yes, I see there are two speeches from the Communist Party faction, but
1338 according to two laws. Let's take a look at it, thank you.
(each line contains the line number from the transcript to the bill)
4923 The next one is the 4th question, the draft federal law "On the prohibition of certain
4925 funds and valuables in foreign banks located outside
4926 territory of the Russian Federation ... ". Lokot Anatoly speaks based on the motives
4927 Evgenyevich.
4929 Anatoly Evgenievich, please.
4931 LOKOT A. E. Dear deputies, the Communist Party faction will certainly support this
4932 draft law, since its relevance, in our opinion, is very high. We
4933 we are fighting corruption, we have been running this campaign for several years,
4934 almost ten years, we have been struggling with the withdrawal of our funds abroad, and in this
4935 sense, of course, the relevance of the law, as I said, is very high. Except
4936 Moreover, the influence of the West on our managerial level is also an important
4937 aspect, and this issue is also partly resolved by this bill. This, more
4938 I repeat, of course, an anti-corruption measure. Moreover, if our
4939 ministers, deputies, members of the Federation Council keep money here, with us, in
4940 Russian banks, means, economic situation stable. But this and
4941 a certain precedent: we are probably for the first time prescribing, one might say,
4942 prohibitive regulatory measures not for citizens, not for the country, but for themselves
4943 primarily.
4945 These are, of course, the positive aspects of this bill, but it has,
4946 of course, and negative sides. I would like to remind you that on the first reading in
4947 This bill was not only about finances, not only about accounts, but also
4948 on property, after the second reading, the provisions on property disappeared,
4949 and in connection with this, of course, the bill became much weaker.
4951 In addition, we are talking about individuals ah, and that's right, as I already
4952 said, well, what about legal entities? Hear what the Chairman is talking about
4953 Government of the Russian Federation (he spoke about this here when
4954 the report of the government was heard, he spoke about this in an interview):
4955 public corporations used financial schemes that were
4956 involved Cypriot banks, it became known after the collapse of the banking
4957 systems in Cyprus. How can it be, what is it?! Generally, I think
4958 that this is a very serious statement, this is the statement of the second person in the country, and it
4959 should be the subject of close scrutiny, including by us, deputies,
4960 relevant authorities, it is necessary to determine how legitimate these
4961 schemes and whether they can be used at all. That is, it turns out that the physical
4962 individuals may not hold funds abroad, and public corporations,
4963 to whom we have handed colossal budgetary funds, hundreds of billions
4964 rubles, it turns out, you can withdraw there! Definitely do them
4965 it is forbidden!
4967 We have a country of innovators, we have a country, of course, of talented people,
4968 and, as regards the observance of every law, detours may appear.
4969 There are workarounds and here, in this bill, I don’t want to talk about it
4970 to speak so as not to create, so to speak, a precedent, but nevertheless we
4971 we believe that this is a step in the right direction, this is the right vector, and we
4974 CHAIRMAN. Thank you.
4976 Anatoly Borisovich, are you speaking on the 4th question or on the 5th? Two at once?
4978 Anatoly Borisovich Vyborny, please.
4980 Turn on the microphone.
4982 VYBORNY AB, "UNITED RUSSIA" faction.
4984 Dear Sergey Evgenievich, dear colleagues! Faction "UNITED RUSSIA"
4985 supports the proposed bills. Why? In fact, this is the answer to
4986 public request for the development of transparency of the institution of state power.
4987 The adoption of these laws will serve, firstly, to strengthen the national
4988 security of the Russian Federation, and secondly, streamlining the lobbying
4989 activities, thirdly, to increase investment in the national
4990 economy, but most importantly, their adoption will serve to increase the efficiency
4991 countering corruption.
4993 The bills are fully consistent with the logic of the development of the anti-corruption
4994 legislation. The proposed restrictive measures are due to the high
4995 corruption risk. This is due to the activities of a special category of persons,
4996 who, on duty, make decisions that affect the interests
4997 sovereignty and national security Russian Federation. What matters is that
4998 proposed compliance monitoring mechanism established ban built in
4999 into the system of control of incomes and expenses of officials, provided for by the current
5000 anti-corruption legislation.
5002 Thus, the bills: a) comply with the Constitution of the Russian Federation
5003 Federations; b) correspond to the national interests of Russia; c) improve
5004 legal regulation fight against corruption in our country.
5006 For these reasons, the UNITED RUSSIA faction supports the bills and
5007 proposes to adopt them on third reading.
5009 CHAIRMAN. Thank you.
5011 I put this bill, point 4 of the agenda, to the vote.
5015 Show results.
5020 Abstained 1 person 0.2%
5023 Result: accepted
5025 The law has been passed.
5027 Item 5 of the agenda, draft federal law "On Amendments to
5028 certain legislative acts of the Russian Federation in connection with the adoption
5029 Federal Law "On the prohibition of certain categories of persons to open and have
5030 accounts (deposits), keep cash and valuables in foreign
5031 banks located outside the territory of the Russian Federation...".
5033 Based on - Sergey Vladimirovich Ivanov.
5035 IVANOV S. V. Dear colleagues, here are the bills that we are now
5036 accept, they talk about one thing: the Motherland is in danger, and in terrible danger,
5037 because if you have read the Constitution, you know that there are rights and freedoms
5038 person and citizen who cannot be limited under any
5039 conditions, except perhaps by the adoption of a new Constitution, there are rights and freedoms
5040 a person who cannot be limited not in an emergency
5041 provisions. These are the restrictions that we are now accepting, they cannot be
5042 adopted not in a state of emergency, and what this indicates is that
5043 do we accept these restrictions? This indicates that the country is in an emergency
5044 position!
5046 For example, I personally did not know that we had adopted a law on lobbying
5047 activities. If I'm wrong, tell me if it's accepted or not?
5049 FROM THE HALL. (Can not hear.)
5051 IVANOV SV No, not accepted. And in explanatory note write that
5052 draft laws are adopted in order to streamline lobbying activities, -
5053 okay, right? That is, you don’t need to bring it to the West, you need to bring it only here,
5054 and no one understands what the rules are. Well done, great!
5057 government and authorized bodies - the president sends to the West
5058 a list in which absolutely everything, from a tiny deputy to the president himself,
5059 and says: "Guys, keep an eye on these comrades." And note: those
5060 who works abroad, who is appointed by the president, you can keep money on
5061 foreign accounts to make it easier to bribe - this is please, guys,
5062 keep healthy!
5065 do not fall. Here are St. Petersburg and Moscow - here the restrictions apply,
5066 since these are subjects of the Federation, and all the rest - keep it in good health,
5067 Guys, save yourself! I'm not talking about adult children, dads,
5069 maybe even a ban to establish not to have children or relatives, well
5070 nobody, right? In general, there will be complete security - crystal clear, clean
5071 man, works for no reason!
5074 the president is the guarantor, he is responsible for everything. And here something like this
5075 it turns out that candidates for deputies, for senators are obliged to close all accounts,
5076 completely destroy everything, show: I'm clean, and if it turns out
5077 the opposite is everything, the abdication of powers. Fine, but what about the president?
5078 The presidential candidate will not be registered, but if it turns out that
5079 the incumbent president had bills, then how? The draft law also
5080 nothing is said, it's strange somehow.
5082 That is, we get, by and large, that the Constitution is violated according to
5083 all articles, the independence of the authorities one from the other - legislative,
5084 judicial and executive - completely down the drain! Here for these
5085 bills, we, comrades, are now voting! Well maybe it's us
5086 save us from the danger that hangs over our country.
5088 CHAIRMAN. Thank you.
5092 FROM THE HALL. (Can not hear.)
5094 CHAIRMAN. And, Nikolai Vasilyevich, offended you?
5096 Nikolay Vasilievich Kolomeytsev.
5098 Nikolai Vasilievich has not performed for a long time. Sorry.
5100 Please.
5102 NV KOLOMEYTSEV Dear Sergey Evgenievich, dear colleagues! Well you
5103 you know, unlike Sergei Vladimirovich, I support the concept of this
5104 bill, but again I would like to make a few significant, with our
5105 points of view, remarks.
5107 Look: we are with you on state corporations at the suggestion of either from here, or from there
5108 adopted special laws, where they generally deprived themselves of any control functions,
5109 giving away colossal budgetary funds, hundreds of billions, well, let's say, to everyone
5110 famous and dearly beloved Anatoly Borisovich Chubais, together with
5111 State guarantees gave 232 billion rubles, you understand? These are colossal
5112 money, almost twice as much as is allocated for all agriculture
5113 our big and cold country, but about state corporations there is no gu-gu,
5114 understand? And this despite the fact that state corporations not only take offshore
5115 public funds, they themselves also wages determined!
5116 Say, at Chubais, at Rosnano average salary 430 thousand, you can imagine
5117 introduce? Not weakly settled down: not answering for anything, they took the money
5118 state, put on the deposit and on the deposit, doing nothing, 20
5119 they get billions - Delhi, go to New Zealand, shoot films, PR, but
5120 the state, except for harm, nothing, you understand? Cars are taken, for 1 million 800
5121 thousand one car is rented per month! There are a lot of wealthy people here
5122 know that in three months you can buy a normal car and drive - pay
5123 for refills only. They spend 600 million on security, can you imagine?
5124 And you have deprived us of the ability to control state corporations. Moreover, even
5125 when a hundred deputies plucked up courage, patience and signed the request
5126 to the Accounts Chamber, began, so to speak, to twist their arms and Accounts Chamber -
5127 I mean, you can't say things like that. And there are also billions, tens
5128 billion rubles were withdrawn to those very offshores under the talk that there
5129 they will develop new technologies, then they will bring them and make Russia happy. Who's into it
5130 believe? And no one. But there are no state corporations here.
5132 We believe that, in principle, the law should be adopted, but it cannot be castrated,
5133 understand? In your first reading, it was about property - I think that the one
5134 who removed this provision, probably decided that since there are no accounts, then the property
5135 can not be served, but adult children can still do it.
5136 It seems to me that, in fact, this law is a typical mass grave. Why?
5137 Because there are several laws, and it will be necessary to make sure
5138 amendments, be sure to keep in mind the property and be sure to provide
5139 full control of state corporations... (Microphone off.)
5141 CHAIRMAN. Thank you, Nikolai Vasilyevich. Are you ready for yourself
5142 sacrifice.
5148 Show results.
5153 Abstained 0 people 0.0%
5156 Result: accepted
5158 The law has been passed.
On the draft federal law No. 220675-6 "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" ( adopted in the first reading on February 22, 2013 with the title "On the prohibition of certain categories of persons to open and have accounts (deposits), keep issuers").
Stage of consideration: Consideration of the bill in the second reading
(each line contains the line number from the transcript to the bill)
2246 10th question, the draft federal law "On the prohibition of certain categories of persons
2247 open and have accounts (deposits), keep cash and
2248 valuables in foreign banks located outside the territory
2249 Russian Federation, own and (or) use foreign financial
2250 instruments", second reading. Report of the Vice-Chairman of the Committee on
2251 security and anti-corruption Ernest Abdulovich Valeev.
2253 Please.
2255 E. A. VALEEV, "UNITED RUSSIA" faction.
2257 Dear Alexander Dmitrievich, dear deputies! Your attention
2258 proposed a draft law "On the prohibition of certain categories of persons to open and
2259 have accounts (deposits), keep cash and valuables in
2260 foreign banks located outside the territory of the Russian
2261 Federation, own and (or) use foreign financial
2263 title "On the prohibition of certain categories of persons to open and have accounts
2264 (deposits), keep cash in foreign banks,
2265 located outside the territory of the Russian Federation, and have valuable
2266 securities of foreign issuers.
2268 The bill received fifty-seven amendments, of which fourteen
2270 adoption of an amendment aimed at expanding the circle of persons in respect of whom
2271 the prohibition applies to the introduction of a ban on the storage of all valuables, not
2272 only cash.
2274 I propose to approve the amendment tables.
2276 CHAIRMAN. Thank you.
2278 Are there any questions about the table of amendments No. 1? No.
2284 Show results.
2289 Abstained 0 people 0.0%
2292 Result: accepted
2294 Accepted.
2296 Are there any questions about the table of amendments No. 2? No.
2302 Show results.
2307 Abstained 0 people 0.0%
2310 Result: accepted
2312 Accepted.
2314 Turn on the microphone in the center stand.
2316 VALEEV E. A. There are no comments from the Legal Department, the committee recommends to accept
2317 bill on second reading.
2319 CHAIRMAN. Not in the third reading yet?
(each line contains the line number from the transcript to the bill)
5817 10th paragraph, the draft federal law "On the prohibition of certain categories of persons
5818 open and have accounts (deposits), keep cash and
5819 valuables in foreign banks located outside the territory
5820 Russian Federation, own and (or) use foreign financial
5821 tools."
5825 Show results.
5830 Abstained 0 people 0.0%
5833 Result: accepted
5835 Accepted.
On Draft Federal Law No. 220675-6 "On the Prohibition of Certain Categories of Persons from Opening and Holding Accounts (Deposits), Keeping Cash in Foreign Banks Located Outside the Territory of the Russian Federation, and Holding Securities of Foreign Issuers".
Stage of consideration: Consideration of the bill in the first reading
(each line contains the line number from the transcript to the bill)
3185 So, the 22nd question, the draft federal constitutional law "On introducing
3186 amendments to Article 11 of the Federal Constitutional Law "On the Government
3187 Russian Federation". And at the same time the 23rd question, the draft federal law
3189 cash in foreign banks located outside
3190 territory of the Russian Federation, and have securities of foreign
3191 issuers". One report on these projects will be made by Garry Vladimirovich Minkh.
3193 Harry Vladimirovich, please.
3195 MINKH G. V., Plenipotentiary Representative of the President of the Russian Federation in
3196 State Duma.
3198 Dear Sergey Evgenievich, dear deputies of the State Duma! your
3199 Attention is drawn to two bills introduced by the President of the Russian
3200 Federation. In addition, content related to this issue are also
3201 rather voluminous amendments, which were also introduced by the President to
3202 State Duma to the bill, which has already been adopted in the first reading and
3203 intersects thematically with the package that we will talk about today
3204 talk. All these draft laws are aimed at solving one very important and
3205 very serious task - the fight against corruption. I want to remind you that in
3206 the time of presenting its annual address to the Federal Assembly
3207 Russian Federation in December 2012, Vladimir Vladimirovich asked
3208 support legislative proposals to limit the rights of politicians and
3209 officials on foreign accounts, securities and stocks, and precisely this
3210 the bills under consideration today.
3212 I'll start with the second bill. This is a separate draft federal law "On
3214 cash in foreign banks located outside
3215 territory of the Russian Federation, and have securities of foreign
3216 issuers". This bill, as its name implies, prohibits those
3217 persons who, on duty, make decisions affecting issues
3218 sovereignty and national security of the Russian Federation, as well as their
3219 spouses and minor children, open and have accounts (deposits),
3220 keep cash in foreign banks located outside
3221 outside the territory of the Russian Federation, and have state valuable
3222 paper foreign countries, bonds and shares of other foreign issuers
3223 on the right of ownership. Prohibition, as expressly provided in the draft law,
3224 established in order to ensure the national security of the Russian
3225 Federation, streamlining lobbying activities, increasing investment
3226 funds in national economy.
3228 The draft law defines the circle of persons to whom this prohibition applies: these are persons
3229 who hold public office in the Russian Federation, these are persons
3230 who replace the positions of the first deputy and deputies of the General
3231 Prosecutor of the Russian Federation, positions of members of the Board of Directors
3232 Central Bank Russia, public positions of subjects of the Russian
3233 Federations, positions of the federal public service, appointment to
3234 which and the exemption from which is carried out by the President of the Russian
3235 Federation, the Government of the Russian Federation or the Prosecutor General
3236 Russian Federation, as well as those persons who hold positions in
3237 state corporations, funds and other organizations created on the basis of
3238 federal laws, also appointment to and exemption from which
3239 carried out by the President or the Government of the Russian Federation, as well as
3240 spouses and minor children of the said persons. Exception provided
3241 only for those who fill the relevant positions in diplomatic
3242 representations, consular offices and other official
3243 representative offices of the Russian Federation, official representations
3244 federal bodies executive power outside
3245 territory of the Russian Federation.
3247 The said persons I am talking about, in case they have these accounts now,
3248 relevant shares and property, are obliged to close the account (deposit), stop
3249 storage of cash in a foreign bank and carry out
3250 alienation valuable papers foreign issuers. In case of violation of the specified
3251 prohibition, there are legal consequences such as early termination
3252 powers of a member of the Federation Council, a deputy of the State Duma, a deputy
3253 legislative (representative) body of state power of the subject
3254 Russian Federation, federal judge or exemption from employment
3255 positions on the basis, which is formulated as follows: in connection with the loss of confidence.
3257 The bill provides for a procedure for declaring immovable
3258 property located outside the territory of the Russian Federation, with
3259 obligatory indication of the sources of receipt of those funds at the expense of which this
3260 property has been purchased. The bill also provides for a procedure
3261 verification of compliance by those persons about whom I spoke, established
3262 ban. These procedures are essentially the same as those for
3263 exercising control over the conformity of income to the expenses of persons replacing
3264 public office (not so long ago we adopted the corresponding federal
3265 law), or to verify the accuracy and completeness of income information,
3266 property, obligations of a property nature - this procedure
3267 established by decree of the President of the Russian Federation.
3269 Prohibition checks can start on applications of sufficient
3270 a wide range of individuals and organizations, but including - and this is a short story -
3271 information provided central bank or credit
3272 organization, as we are talking about accounts. This, I repeat, is a short story, which
3273 it wasn't there before.
3275 The provisions contained in this bill are intended to be adjusted
3276 a number of federal laws, as well as the Federal Constitutional Law
3277 "On the Government of the Russian Federation". And the changes that are being made to
3278 this federal constitutional law, provide for a ban on members
3279 governments to open accounts and have the corresponding property, about which I
3280 said abroad. The prohibition also applies to their spouses and
3281 minor children. Monitoring compliance with the established ban
3282 these persons will be carried out in the manner to be provided
3283 decrees of the President of the Russian Federation.
3285 And the corresponding corresponding changes are proposed to be made to a number of
3286 federal laws, there are only seventeen of them, I will not name them all, I will name
3287 only one of them is the Federal Law "On the status of a member of the Federation Council
3288 and the status of a deputy of the State Duma ... ".
3290 As already mentioned, the changes I am talking about are foreseen
3291 Presidential amendments to the bill, which had previously been adopted in the first
3292 reading, but today this is not the subject of our consideration, I just think that
3293 we need to be aware of these proposals and see how we deal with this situation
3294 regulate as a whole, comprehensively.
3296 Here are the main provisions of the bills that we are considering. I beg
3297 you to support presidential initiatives and adopt the draft
3298 federal law, and the draft federal constitutional law to be approved in
3299 first reading.
3301 Thank you for your attention.
3303 CHAIRMAN. Thank you.
3305 Irina Anatolyevna Yarovaya.
3307 YAROVAYA I. A., Chairman of the State Duma Committee on Security and
3308 anti-corruption, faction "UNITED RUSSIA".
3310 Dear colleagues, the legislative initiative introduced by the President is dedicated to
3311 issues of protecting national interests, ensuring national
3312 security, countering unscrupulous lobbying and corruption
3313 behavior. A detailed report made by Garry Vladimirovich,
3314 Strictly speaking, it gives an answer to the question, to which circle of subjects
3315 direct prohibitions apply. Direct prohibitions are in the nature of mandatory
3316 execution, and above all, we are talking about the choice of a behavior model by a person who
3317 replaces the corresponding public office.
3319 I want to draw your attention to the fact that in the list of public positions,
3320 in respect of which a direct ban is established, we are talking about persons who
3321 by virtue of their competence, are associated with the adoption of decisions that ensure
3322 national security and implementation of national public policy.
3323 As a matter of fact, these are direct requirements for the profession, and any official
3324 in this connection, direct obligations arise or to fulfill direct
3325 bans for three months, or release the position. In
3326 if the subject for some reason does not intend to fulfill these
3327 obligations either hides information, distorts information, comes fully
3328 specific legal consequences, no longer associated with exemption from
3329 position, but with dismissal from office due to loss of confidence.
3331 As for elected officials. This is undoubtedly the most important
3332 the principled position of the bill introduced by the president. This is about
3333 that those who make political decisions - and you are very good
3334 know that these decisions directly affect the implementation of the state
3335 national policy, economic security, welfare
3336 our citizens - must have appropriate obligations and to
3337 Russian Federation, and before the citizens of Russia, therefore the requirement for
3338 early resignation of powers is quite logical and correlated with the requirement for
3339 other officials.
3341 Dear Colleagues, The very important norms that have been emphasized
3342 Garry Vladimirovich, - control procedure and initiation of verification. You
3343 remember that the cost control procedure already has a very serious
3344 the mechanism of openness and publicity, namely the possibility of communicating information,
3345 requiring further verification, public organizations,
3346 political parties, Public Chamber, federal funds
3347 mass media. In this case, taking into account the specifics of the subject
3348 regulation and features of control by the president is also proposed
3349 provide an opportunity for the Central Bank and credit institutions to report
3350 information that may serve as a signal and basis for carrying out
3351 appropriate verification. In addition, for the implementation of the control procedure, with
3352 taking into account, again, the specifics of the subject of control, it is proposed to give the opportunity
3353 sending requests to foreign organizations to receive
3354 relevant information.
3356 Dear colleagues, it is very important that today this legislative initiative
3357 considered in a package with amendments to the Federal Constitutional Law "On
3358 Government of the Russian Federation" and with the deputy initiative, which
3359 we considered earlier and adopted in the first reading. The President prepared very
3360 serious amendments to this legislative initiative, and it is now
3361 in fact, a single block of the relevant legal regulation.
3363 Undoubtedly, the measures that are being proposed today have a very serious
3364 importance both for the reputational cleansing of power, and in the future for changing
3365 requirements for motivation for entering the civil service and for substitutes
3366 relevant government positions. In terms of real estate, how do you
3367 remember, in the Address of the President of the Russian Federation it was quite clear
3368 it says that all information about the property must be declared and
3369 should be open. The need to confirm sources of acquisition
3370 foreign real estate, regardless of the value of the objects - absolutely
3371 fair requirement, it correlates not only with the tasks of controlling
3372 expenses, but also for other purposes - with goals related to preventing
3373 conflicts of interest, unfair lobbying and possible
3374 abuse.
3376 The Security and Anti-Corruption Committee supports this
3377 legislative initiative. We, dear colleagues, are absolutely sure that
3378 that you share the position of the president, we hope to cook with you
3379 this package of initiatives for consideration in the second and third readings.
3381 CHAIRMAN. Thank you.
3383 Do MPs have questions?
3385 Yes, I beg your pardon, I almost deprived Vladimir Nikolaevich of the word. Vladimir
3386 Nikolaevich, please, I invite you to the microphone.
3388 Pligin VN Dear Sergey Evgenievich, dear colleagues! I will be extreme
3389 brief, since Garry Vladimirovich and Irina Anatolyevna
3390 settled on the bill.
3392 Amendments to the Federal Constitutional Law "On the Government
3393 Russian Federation" is a logical continuation of the changes that
3394 incorporated into federal law. The bill provides for the addition
3395 list of restrictions related to being a member of the Government
3396 Russian Federation, by establishing a ban for members of the Government of the Russian
3397 Federations, their spouses and minor children to open accounts
3398 (deposits), keeping cash in foreign banks,
3399 located outside the territory of the Russian Federation, possession
3400 government securities of foreign states, bonds and
3401 shares of other foreign issuers on the right of ownership. Control of
3402 observance of the established prohibition by these persons will be carried out in
3403 in the manner prescribed by decrees of the President of the Russian Federation.
3405 The Committee considers this draft federal constitutional law
3406 corresponding to the Constitution of the Russian Federation, supports the general
3407 the concept of bills introduced by the President of the Russian Federation and
3408 invites the State Duma to approve it in the first reading.
3410 Dear colleagues, as a matter of fact, this could be stopped, but
3411 I would like to draw attention to the speech of Vladimir
3412 Abdualievich Vasiliev this morning. Vladimir Abdualievich - I am completely
3413 I share his position - he said that we are not talking about some kind of deviant
3414 behavior that allegedly took place, in no way, are simply presented
3415 new requirements, just changing in this situation a number of requirements. We
3416 should respect what individuals have achieved in their lives in
3417 previous period of time, their behavior was fully consistent with the Russian
3418 legislation. This is the first.
3420 Second. To comply with the provisions of this federal law and those
3421 proposals that are being made now, in a number of cases, individual
3422 officials propose to create new control or law enforcement
3423 organs. It seems to me that in the Russian Federation there are enough
3424 developed control system, there is a sufficient number of bodies that
3425 are engaged in law enforcement, and therefore on the creation of new bodies that allegedly
3426 additionally should be engaged in some more substantive research, in
3427 in particular financial activities, should hardly be discussed, including with
3428 from the point of view of saving public funds, and also, I emphasize once again, from
3429 taking into account the sufficiency of the staffing component and the operational component in order to
3430 to explore relevant questions.
3432 Thanks a lot for your attention.
3434 CHAIRMAN. Thank you.
3436 Turn on the recording mode for questions on the report and co-report, please.
3438 Please sign up.
3440 Show the list.
3442 Eighteen people. Two per faction?
3454 Abstained 2 people 0.8%
3457 Result: accepted
3459 Received.
3461 Nikolai Vasilyevich Kolomeytsev asks the first question from the Communist Party faction.
3463 KOLOMEYTSEV N. V. Thank you.
3465 Dear Garry Vladimirovich, please tell me: for example, there were
3466 reports that vice-premiers, ministers and their wives have apartments in
3468 months of their wife or they will not sell these apartments and will not acquire similar
3469 in Moscow, then they all have to write a letter of resignation from the government? AT
3470 the Duma Commission has already considered the cases of fifty people, and now,
3471 It turns out that they should be taken apart in a new way? And again we will send in batches
3472 deputies to leave, right?
3474 MINKH G. V. Dear Nikolai Vasilyevich, in those bills about which we
3475 we are talking about cash accounts and shares - for brevity I will call it that.
3476 All properties will need to be declared and sourced.
3477 receipt of funds for which this property was acquired, so you
3478 interpret the text more broadly.
3480 CHAIRMAN. Thank you.
3482 Dmitry Yurievich Nosov.
3484 Nosov D. Yu., LDPR faction.
3486 Dear colleagues, the question is this. For example, the respected deputy Zhirinovsky
3487 someone wants to compromise and every day opens abroad in his name
3488 an account that Vladimir Volfovich will then have to close. Or let's say
3489 enemies persuade the deputy's wife to secretly set up an account abroad,
3490 But the deputies cannot control all the actions of their spouses. As with
3491 this to be - maybe to introduce some clarifications or some other
3492 a procedure concerning relatives, but not the deputy himself? Harry
3493 Vladimirovich, how does the law look at this?
3495 MINKH G. V. Dear Dmitry Yuryevich, I do not rule out the situation that the enemy
3496 sneak up on Vladimir Volfovich himself and convince him by fooling his head
3497 (which is impossible in principle), to open an account abroad, but this, of course, is a joke.
3498 But seriously, then, understanding all the same high level task responsibility and
3499 issues that we are solving - and dear colleague Vladimir Volfovich
3500 Zhirinovsky, and you, and all of us - I think we need to carry out preventive work with
3501 themselves, their spouses and minor children.
3503 CHAIRMAN. Thank you.
3505 Rafael Mirkhatimovich Mardanshin.
3507 R. M. MARDANSHIN, "UNITED RUSSIA" faction.
3509 Dear Garry Vladimirovich, among the persons who will be prohibited from having
3510 bank accounts outside the Russian Federation, it is proposed to include
3511 deputies of the legislative (representative) bodies of the subjects of the Russian
3512 Federation. As we know, there are two categories of deputies: those working for
3513 exempt basis and on a permanent basis. So, please explain
3514 this law will apply to all deputies or only those who work for
3515 permanent basis?
3517 MINKH G. V. I will answer briefly - everyone, because when discussing issues and
3518 decision-making, regardless of whether it is a full-time or non-staff deputy,
3519 let's just say they all have equal legal status in this regard, have
3521 sometimes there are much more freelance deputies than deputies working for
3522 permanent, professional basis.
3524 CHAIRMAN. Thank you.
3526 Oksana Genrikhovna Dmitrieva.
3528 DMITRIEVA O. G., "FAIR RUSSIA" faction.
3530 We fully support the presented draft law of the President, but I have
3531 a question to the leaders of our two committees, Irina Anatolyevna and Vladimir
3532 Nikolaevich.
3534 The draft law on the Federal Agency for Finance has just been adopted in the first reading.
3535 proposes to place mainly abroad 5.4 trillion rubles - this is
3536 balances of the Reserve Fund and the Fund national welfare. His
3537 employees will not be civil servants - this is a public company
3538 society, it is also expected to attract foreign
3539 highly qualified experts. I have a question: do you think
3540 Rosfinagentstvo employees should also be subject to this
3541 law or not?
3543 CHAIRMAN. Irina Anatolyevna Yarovaya.
3545 YAROVAYA I. A. Dear colleagues, the list of those officials in relation to
3546 which a direct ban is in effect is indicated. Based on the status again
3547 created bodies and institutions, the requirements that are now proposed
3548 president, must be correlated with the level of tasks, competence and responsibility
3549 these organs.
3551 CHAIRMAN. Thank you.
3553 Sergei Nikolaevich Reshulsky.
3555 RESHULSKY S. N., Communist Party faction.
3557 I have a question for Harry Vladimirovich.
3559 I am interested in the practical side of the matter, namely Article 2 of the bill
3560 number 23 of the agenda. Here is a list of officials who are prohibited
3561 to have these accounts and securities - there are six such categories. Tell,
3562 please, Harry Vladimirovich, what is the strength of all these categories,
3563 how many people are banned and whether the author has
3564 draft law (that is, from the President of the Russian Federation) data on which of
3565 of these officials have such accounts and securities?
3567 I'm just afraid that such rapid changes may lead to
3568 collapse financial system Russian Federation. And how to implement
3569 foreign securities for three months is also a difficult issue. I think the law
3570 well done, we will all support it, but here's how almost all of it
3571 will it work? How many do we have now... (Microphone off.)
3573 CHAIRMAN. Harry Vladimirovich, please.
3575 MINKH G. V. Dear Sergey Nikolaevich, on your first question - I can
3577 amenable to simple calculation. The number of legislators is known
3578 meetings of subjects, federal judges, federal parliamentarians, and so
3580 name, but I will make the calculations and be sure to let you know the result.
3582 On the second question. You know that those persons who occupy the said
3583 positions or apply for their replacement, are required to submit information about
3584 what accounts and shares they own. This is about accounts.
3585 in general, including abroad, and shares of foreign issuers are also included in
3586 a list of property that the relevant officials are required to
3587 declare, so this information in the vast majority of cases
3588 is also already known.
3590 And third. As for how the market will react to the emergence of free
3591 circulation of such an array of shares of foreign issuers, then, I think, this is more
3592 economic question. I don't think the cost of the respective organizations
3593 will collapse, fall sharply, if some
3594 the number of these shares. With regard to the amount of property that will be
3595 launched into civilian circulation, I think serious companies of this, probably,
3596 they won't even notice.
3598 CHAIRMAN. Garry Vladimirovich, there was another part of the question:
3599 Do you think three months is enough time to sell? In the sale
3600 there must be the will of two parties - and the one who sells, and the one who buys, and
3601 we can hardly influence the second, right?
3603 MINKH G.V. Absolutely, so I pretended not to remember this part
3604 question... (Animation in the hall.)
3606 CHAIRMAN. Thank you for your sincerity.
3608 MINKH G. V. In fact, this problem can only be assessed by experts, and
3609 of course, some serious object, if it is large, in a short time
3610 would be quite difficult to implement. Plus, the technology for selling shares is not
3611 so simple, it's not a glass of seeds to sell, this procedure is still
3612 takes...
3614 FROM THE HALL. (Can not hear.)
3616 MINKH GV I want to sell, not buy, Nikolai Vasilyevich.
3618 I really find it difficult to answer this question. But problems, quite
3619 likely to arise in practice. I think this should also be discussed
3620 at the same time, it may be worth talking to those of our colleagues who work
3621 in this sector both in the State Duma and federal bodies
3622 executive power and is engaged in securities, circulation of securities.
3624 CHAIRMAN. Thank you.
3626 Sergei Vladimirovich Ivanov.
3628 IVANOV S. V. Garry Vladimirovich, well, this is not a problem, for the second reading you can
3629 prescribe: to sell only to the Russian state, and at the price that
3630 offer, that's all.
3632 But in general, of course, the bill is interestingly written. Let's say there are words
3633 that if a person has not complied with the requirements to close an account or sell
3634 securities, then it is obliged to terminate the powers of a deputy of the State Duma or a member of the Council
3635 Federation. But you and I know that the powers of a State Duma deputy are being terminated
3636 decision of the House, if he died, God forbid, or recognized
3637 absent. So there is something wrong here.
3639 In general, my question is the following. Article 34 of the Constitution: everyone has the right to
3640 free use of their abilities and property for
3641 entrepreneurial and other economic activities not prohibited by law.
3642 Money, as you know, also belongs to property. And this article is not subject
3643 review even under martial law. Do you think they match
3644 such prohibitions of the Constitution, in particular this article?
3646 MINKH GV Of course, they correspond, dear Sergey Vladimirovich. I
3647 I suggest you read this article in conjunction with part 3 of article 55
3648 the Constitution of the Russian Federation, which stipulates that the restriction of rights
3649 citizens is possible for constitutionally significant purposes, and those goals that I
3650 outlined today, they just fall under this category constitutionally
3651 important is national security. And the level of implementation of these bans
3652 (also a requirement of part 3 of article 55) - federal law that we are with you and
3653 do.
3655 CHAIRMAN. Thank you.
3657 Gennady Vasilievich Kulik.
3659 KULIK G. V. Please tell me, do you have at least an expert assessment, about
3660 what amount can we talk about, what can we expect from the point of view of
3661 that it will strengthen our banking system, and generally economic
3662 system? Approximately what amount of funds that are stored abroad, we are talking about
3663 goes?
3665 MINKH G. V. There is no such assessment, Gennady Vasilyevich, and in principle it is from the point of
3666 it is impossible to carry out from the point of view of legal requirements. Why? Because from
3667 of the circle of officials in question, only a small part
3668 are persons who not only declare this property, but are also obliged
3669 publish information in this part; enough a large number of people from this
3670 does not have a list of such duties, so information about this is
3671 restricted information. In other words, here the expert estimates
3672 will be given with such a spread that, in fact, it will be a fortune-telling.
3674 CHAIRMAN. Thank you.
3676 Dmitry Gennadievich Gudkov.
3678 GUDKOV DG, Faction "FAIR RUSSIA".
3680 Dear Garry Vladimirovich, I also have a practical question. One of the most
3681 young members of our government is Dmitry Anatolyevich Medvedev,
3682 whose son, as we know, recently came of age and entered
3683 Russian university with which the whole country congratulated him. Colleagues of Dmitry
3684 Anatolyevich is much older: not only their children, but even grandchildren have already reached
3685 coming of age. Therefore, the fight against corruption ends exactly on that
3686 the moment when all these accounts are recorded on adult children and grandchildren.
3687 Well, I guess then the only one who falls under this bill is
3688 Arkady Dvorkovich, who still has minor children, from which you can
3689 to make, probably, the conclusion that someone sharpens a tooth on him. How do you think,
3690 maybe it’s worth expanding the list of relatives, adding at least
3691 adult children? Then we can really more effectively
3692 fight corruption.
3694 MINKH G. V. Dear Dmitry Gennadievich, I think you do not know very well
3695 composition of the government, because in particular there is a federal minister,
3696 who just turned thirty years old. Dmitry Anatolyevich in this
3697 in terms of a person, let's say, already quite mature.
3699 Well, speaking seriously, it must be said that the expansion of the circle of people is
3700 the direction you're talking about is a fairly complex problem.
3701 Why? Because not always adult children are in a relationship,
3702 shall we say, controlled, communicative with their parents. What
3703 concerns the question that was asked by colleague Nosov from the Liberal Democratic Party, here and
3704 enemies are not needed, it is enough to have minor children, and then you can
3705 potentially any subject falling under this law, sum up, figuratively
3706 speaking, under the monastery. Therefore, this is not a solution to the problem. Just a must have
3707 mind that sometimes a situation where minor children are much richer than their own
3708 more adults
(each line contains the line number from the transcript to the bill)
3912 Dear Colleagues, I remind you that we continue the discussion of paragraphs 22 and 23
3913 agenda. We have two speakers left. From the faction "UNITED RUSSIA" -
3914 Irina Anatolyevna Yarovaya.
3916 Please.
3918 YAROVAYA I. A. I believe that the LDPR faction will not perceive this as an extraordinary
3919 performance.
3921 Dear colleagues, today we are considering a very important bill.
3922 Various questions sounded in the hall, I think that there really was a meaning to them.
3923 ask, but only in a slightly different aspect - not in an emotional, but if
3924 want, in the moral. Today there is such a category of citizens who
3925 arrive on the territory of the Russian Federation to earn money, we call them
3926 guest workers: they work and take out money to support their families for
3928 if he earns money in Russia and then takes it abroad? Maybe,
3929 after all, the task of those who enter public office is to serve
3930 their country and their citizens and bind their interests and those of their
3931 families with the future of Russia.
3933 We often talk about conflicts of interest, bad faith lobbying,
3934 the possibility of even blackmail and pressure. Is it an instrument of such influence
3935 and pressure the presence of a financial interest outside the territory of the Russian
3936 Federations? Undoubtedly, this is a notorious threat. Does the potential
3937 distrust those who, entering public office, have a certain
3938 addiction? Call. But the question is not in distrust, the question is in uniform rules,
3939 requirements and criteria. And there can be no personal, personalized
3940 approach is general requirement, general rule, which is related to the feature
3941 status, with a feature of official competence, and, probably, from this it is necessary
3942 proceed.
3944 Then, dear colleagues, it is absolutely wrong to consider this
3945 bill only from the point of view of those who are on today
3946 government positions. Legislative regulation provides
3947 perspective, provides, among other things, new approaches to the formation
3948 motivation for coming to public office, so we need to understand
3949 that these are new, qualitative requirements, including for those who only
3950 intends to enter the civil service.
3952 Dear colleagues, I would like to draw your attention to the list of subjects.
3953 You probably also noticed that all these subjects have access
3954 including classified information, information that constitutes
3955 state secret. We have not yet discussed this aspect with you, but it was necessary
3956 would, because taking into account the availability of information, which provides, among other things,
3957 economic security our country, the question arises whether it is possible
3958 to attract investments in Russia if you yourself invest in other states, in
3959 including those included in other military blocs. We have not touched on this topic at all, but
3960 necessary, because the issue of national security comes first.
3961 Therefore, it is very misleading to interpret this only in the light of the fact that someone
3962 was successfully engaged in business, and someone was not engaged - the question is not at all about
3963 this, the question is that today those who hold public office,
3964 related to the predetermination of national policy and protection, including
3965 national and military interests. I remind you that these are persons who possess and
3966 special information, and special status, and there should be special requirements for them.
3968 Moreover, with regard to the issue of correlating moral categories,
3969 ethical categories with legal ones, then just here the president proposes that
3970 there was a complete coincidence of moral ideas and legal attitudes, so that
3971 there was no discrepancy between words and deeds. The position of deoffshorization of the economy has been declared.
3972 Is offshoring a problem for Russia today? Of course it is.
3973 Is this law a step towards solving this issue as well?
3974 Undoubtedly! Moreover, those who have previously been successful in business and have accumulated
3975 serious capital, there is a great opportunity to confirm the fact that he
3976 ready, being in a leading political position, not only to declare
3977 the future of Russia, but also to move their capital to the Russian Federation and thereby
3978 thereby, among other things, to strengthen the Russian economy. In general, it is strange to imagine
3979 imagine that an employee can be in the role of Figaro and decide to whom and when he
3980 serve. Did you know that in the United States, when you become a citizen
3981 an oath is taken, an oath of allegiance to the country. We do not require today from those
3982 who fills these positions, oaths, but loyalty to one's country, of course,
3983 should be, and this is a completely obvious fact. Therefore, it is very important that
3984 Today, the President has proposed specific mechanisms, including for
3985 reputational confirmation of trust in the government - this is important today, it
3986 important for the future.
3988 There were questions about what suddenly someone would behave
3989 in bad faith, third parties will be involved, and so on. You know,
3990 life shows and proves that everything secret sooner or later becomes
3991 explicit. In addition, the risks of disposing of their funds and placing them in
3992 benefit of third parties can mean only one thing - that this subject in
3993 will lose everything overnight, because neither judicial order then he doesn't
3994 will confirm his right to this property, in no other, that is,
3995 formally or in fact.
3997 As for real estate. The obvious approach is that
3998 all information must be disclosed. It was discussed here whether
3999 real estate accounts. You know the bills are for maintenance
4000 only very expensive real estate, the maintenance of which can be
4001 compared to annual income. That's just in order to, among other things,
4002 this was not the case, and in order to avoid abuses associated with
4003 initial purchase, it is offered, in our opinion, working and completely
4004 the correct scheme for confirming the good faith of the acquisition.
4006 Dear Colleagues, Today, at the initiative of the President, we are doing
4007 another serious step towards the implementation of a systemic state policy in
4008 protection of national interests and in order to combat corruption. Of course,
4009 this is all predetermined by the fact that we are consistently, step by step
4010 we are forming a new legal culture and new systemic legislation. You
4011 you know, polls have shown that the vast majority of citizens support
4012 initiative of the president, we are talking about the nationwide trust in this
4013 initiative. I believe that the actions of the parliament can be only in one
4014 direction - the support of the president and the level of trust of our citizens.
4016 CHAIRMAN. Thank you.
4018 From the LDPR faction - Zhirinovsky Vladimir Volfovich. Please.
4020 ZHIRINOVSKY V. V. All speeches from the LDPR faction aim to say what
4021 that for some reason others are afraid, or do not want to say, or do not know. We, of course,
4022 We will support this draft law, but not because the people want it. People
4023 ours will gladly support any slogan: now they will say to arrest everyone
4024 officials, deputies - and the people will support and will be glad to see how prisons
4025 overflow. And they will come here with pleasure, they will sit, nothing
4026 understanding, but they will say that finally, people's power is back. Here are the links
4027 we often do to the people, but the people live poorly, and they are happy, so
4028 say, with a sense of joy perceives any strikes on any echelon
4029 power, according to any official. Now everyone is watching with pleasure: they will arrest
4030 Serdyukov or not arrested? They don’t think about how it would be better for us to live in general, but
4031 that's just: how much they will give, when they seize, when they put handcuffs on, how much
4032 mistresses, these rings will give or not give?
4034 Therefore, justification is needed here: why such a high level of corruption?
4035 This was done on purpose, they openly said under Yeltsin: do not interfere,
4036 let them get rich. They were afraid of revenge, they were afraid that they would return
4037 communists to power, and there were every reason for this. Everything we've done since '91
4038 on the 95th - it was monstrous, it was the defeat of the whole country! Needed sooner
4039 a layer of people who live well and who have a perspective, therefore
4040 removed all restrictions: come on, guys, take, buy, open accounts,
4041 the whole planet is yours! And from within they were allowed to do everything, and from there, outside: they gave
4042 credit, remember, in 1998 - well, where is 5 billion dollars? Chubais first
4043 shouted: they gave us, they gave us, there will be no default! They gave you, the officials who are there and
4044 left, all the accounts there opened their own.
4046 It is right now that there is a struggle going on in order to purify the government, to renew,
4047 refresh, but we are hitting our citizens again - we first say:
4048 let's get rich, then we say: that's it, hand over your wealth. AT
4049 this is a problem! I see that this is a well-thought-out operation: to create conditions
4050 for total corruption in the young Russian state give money to
4051 bribing officials, close your eyes to the fact that these financial flows go to
4052 the benefit of officials, not Russian economy, feed, cheer up,
4053 to support it financially and with real estate - buy, take everything there!
4054 Accounts will be opened instantly, everything will be sold, everything is easy there, and you try here
4055 buy something in Russia! This is the first moment.
4057 The second point is, of course, a moral one. If there were British dachas in Barvikha
4058 deputies, German, French, what would we think of them? what guys
4059 are preparing to come here, here they bought themselves good places to stay.
4060 Therefore, of course, if a high-ranking official has good dachas, apartments in
4061 beautiful European capitals, there is only one thought: the comrade is going to leave.
4062 This property needs to be exploited, it needs to be maintained, it needs
4063 care, and money also requires attention - where will he have time?
4065 Next moment. What to do now? Now we must create
4066 conditions so that closing accounts there, selling objects there would be beneficial for them.
4067 Here is our bank, at least one, let's make it the head bank, let it be 10
4068 interest, for example, on a deposit. Transfer all money from any banks
4069 world, put it in one bank, and here the state guarantees a deposit of 10
4070 percent - there is nowhere higher in the world, not even 8 percent, 2-3 and that's it, and that's not
4071 always, there is generally a minus when you keep money in some banks and more
4072 pay for it, you don't get any interest. And there must be a guarantee of secrecy - here
4073 then we will ensure a normal process, everyone will know: yes, there is money,
4074 but only he knows about it.
4076 What are we turning inside out? What will the elite of the Russian
4077 society? A sick person, weak, lonely, without relatives, with a bunch of
4078 diseases, living in a boarding house, he has nothing, he is on the bus
4079 they bring him here, to the hall, and he stupidly votes - that's it, a pure deputy! Well, it's
4080 it doesn't work, there's nothing like it! In America, social policy has reached such
4081 level... Who gets the most benefits? Black person. He is a one-legged invalid, he
4082 Muslim, he is a single father, he is unemployed and has a sexual
4083 minorities - five allowances are due to him. That's how it is in America. Why work?
4084 Stay at home and that's it. He is a black man, instead of a leg - a prosthesis, and he is without a family, so to speak,
4085 sexual minority, he was once married, he has children, but they
4086 live with their grandmothers - and the American government gives him five benefits, five thousand
4087 dollars every month: relax! It turns out, a white Christian, healthy,
4088 married with a family, with children, must work for those who consider themselves to be
4089 various kinds of minorities. This is the wrong development paradigm! Where
4090 push society? And America has come to complete degradation in this regard.
4092 I have already said many times: first you need to declare the zero option, declare
4093 universal financial, economic, tax, land, migration,
4094 dacha, any amnesty, forgive everyone everything, absolutely everything, once and for all,
4096 gradually. And to announce in advance that high-ranking officials under no circumstances
4097 view should not have a single penny abroad and not a single object
4098 real estate, let everyone understand - it's better to keep everything here. But then you should
4099 be guaranteed one hundred percent secret deposit. Yes, the house cannot be hidden, but
4100 why do we give information to criminals: look who needs to be robbed!? And
4101 after all, what will we come to - everyone will hide money, since they need it in banks
4102 declare and declare some income, everyone will hide the money, and it will
4103 robbery to go to cottages and apartments. And the money will leave the banks - we are the economy
4104 bleed.
4106 We need to think everything through. This is a well-conceived provocation so that Russia will always
4107 keep half-bent: get rich - then rent, get rich again -
4108 give it all up again! We need to think that it doesn't get worse. We will uphold the law, but
4109 we need to think that no one else will leave us in the cold.
4111 CHAIRMAN. Thank you.
4113 Dear colleagues, everyone who wanted to speak, spoke. Do you have a desire
4114 presidential representative? Harry Vladimirovich? No. Committees? No.
4115 Government? No.
4117 We are submitting these two bills, the 22nd and 23rd, for "voting hour".
(each line contains the line number from the transcript to the bill)
5085 Next, the 22nd item on the agenda. I draw your attention, colleagues, that this
5086 draft federal constitutional law "On Amendments to Article 11
5087 Federal constitutional law "On the Government of the Russian Federation".
5088 considered on first reading.
5092 Show results.
5097 Abstained 1 person 0.2%
5100 Result: accepted
5102 Approved.
5104 Clause 23, draft federal law "On the prohibition of certain categories of persons
5105 open and have accounts (deposits), keep cash in
5106 foreign banks located outside the territory of the Russian
5107 Federation, and to have securities of foreign issuers".
5111 Show results.
5116 Abstained 0 people 0.0%
5119 Result: accepted
5121 Adopted on first reading.
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" ), others federal laws, decrees of the President of the Russian Federation and other regulatory legal acts 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 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 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;
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 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 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
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.
| Document's name: | |
| Document Number: | 79-FZ |
| Type of document: | the federal law |
| Host body: | The State Duma |
| Status: | current |
| Published: | |
| Acceptance date: | 07 May 2013 |
| Effective start date: | May 19, 2013 |
| Revision date: | 01 May 2019 |
RUSSIAN FEDERATION
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
Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, December 23, 2014, N 0001201412230012) (entered into force on January 1, 2015);
(Official Internet portal of legal information www.pravo.gov.ru, 04.11.2015, N 0001201511040010);
(Official Internet portal of legal information www.pravo.gov.ru, November 28, 2015, N 0001201511280028);
(Official Internet portal of legal information www.pravo.gov.ru, December 29, 2016, N 0001201612290093);
(Official Internet portal of legal information www.pravo.gov.ru, 02/06/2019, N 0001201902060015);
(Official Internet portal of legal information www.pravo.gov.ru, 05/01/2019, N 0001201905010013).
____________________________________________________________________
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 that affect issues of sovereignty and national security of the Russian Federation, and (or ) participating in the preparation of such decisions, 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 are determined in respect of which this prohibition, the procedure for verifying compliance by the said persons with this prohibition and the measures of responsibility for its violation.
2. For the purposes of this Federal Law, foreign financial instruments mean:
1) securities and related financial instruments of non-residents and (or) foreign structures without education legal entity, which, in accordance with international standard"Securities - International system Securities Identification Codes (International Securities Identification Codes (ISIN)", approved by the international organization for standardization, has been assigned an international security identification code. and fees, the concept of "non-resident" in the meaning defined by clause 7 of part 1 of article 1 of the Federal Law of December 10, 2003 N 173-FZ "On currency regulation and currency control";
2) participation shares, shares in the authorized (share) capitals of organizations, the place of registration or location of which is a foreign state, as well as in the property of foreign structures without forming a legal entity, not defined in accordance with clause 1 of this part as securities and classified to them financial instruments;
3) contracts that are derivative financial instruments and are defined by part twenty-ninth article 2 of the Federal Law of April 22, 1996 N 39-FZ "On the securities market", if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without formation of a legal entity;
4) a trust management of property established in accordance with the legislation of a foreign state, the founder and (or) beneficiary of which is the person specified in Part 1 of Article 2 of this Federal Law;
5) loan agreements, if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without forming a legal entity;
6) loan agreements concluded with foreign banks or other foreign credit organizations located outside the territory of the Russian Federation.
3. In this Federal Law, the prohibition to own and use foreign financial instruments means the prohibition on direct and indirect (through third parties) possession and (or) use of such financial instruments.
(Article as amended, entered into force on June 28, 2017 by the Federal Law of December 28, 2016 N 505-FZ.
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 city districts, heads municipal districts, heads of other municipalities acting heads of local administrations, heads of local administrations;
(Subparagraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.
i) positions of the federal civil service, positions of the state civil service of the constituent entities of the Russian Federation, positions in the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws, certain positions on the basis of employment contract in organizations created to fulfill the tasks assigned to federal state bodies, the exercise of powers for which provides for participation in the preparation of decisions affecting issues of sovereignty and national security of the Russian Federation, and which are included in the lists established by the regulatory legal acts of federal state bodies, constituent entities of the Russian Federation federation, regulations the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations established by the Russian Federation on the basis of federal laws;
(The subparagraph is additionally included from January 1, 2015 by the Federal Law of December 22, 2014 N 431-FZ)
1.1) deputies of representative bodies of municipal districts and urban districts exercising their powers on a permanent basis, deputies holding positions in representative bodies of municipal districts and urban districts;
(The paragraph is additionally included from November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ)
2) spouses and minor children of the persons specified in subparagraphs "a" - "h" of paragraph 1 and paragraph 1_1 of this part;
(Clause as amended by Federal Law No. 431-FZ of December 22, 2014; as amended by Federal Law No. 303-FZ of November 3, 2015.
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 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 the persons specified in clause 1 of part 1 of this article who replace (hold) public positions of the Russian Federation, positions of federal state service in official representative offices of the Russian Federation located outside the territory 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 for spouses (spouses) and minor children of these persons.
Federal Law of December 22, 2014 N 431-FZ.
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 and Part 3 of Article 4 of this Federal Law, in connection with the 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 the 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 Federal Law, 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.
(Part as amended, entered into force on January 1, 2015 by Federal Law of December 22, 2014 N 431-FZ Federal Law of November 28, 2015 N 354-FZ.
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 Federal Law 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 reliability of information about income , on property and obligations of a property nature).
(The part is additionally included from December 9, 2015 by the Federal Law of November 28, 2015 N 354-FZ)
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.
4. If, as a result of acceptance of an inheritance in accordance with the legislation of the Russian Federation or the legislation of a foreign state, the persons specified in Part 1 of Article 2 of this Federal Law receive accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, in direct and indirect (through third parties) possession and (or) use of foreign financial instruments, as well as the acquisition of the status of the founder and (or) beneficiary of the trust management of hereditary property (inheritance fund, trust) established in accordance with the legislation of a foreign state are obliged, within six months from the date of acceptance of the inheritance or transfer of foreign financial instruments to the founder and (or) beneficiary of the trust management of hereditary property (inheritance fund, trust), close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate received foreign financial instruments, terminate possession and (or) use of foreign financial instruments in any other way.
(The part is additionally included by the Federal Law of May 1, 2019 N 73-FZ)
1. The persons specified in paragraphs 1, 1_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 real estate owned by them, their spouses and minor children located outside the territory of the Russian Federation , on the sources of funds from which the specified property was acquired, on their obligations of a property nature outside the territory of the Russian Federation, as well as information on such obligations of their spouses (spouses) and minor children.
(Part as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.
2. Citizens applying for filling (occupation) of the positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when submitting information in accordance with federal constitutional laws, other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation on income, on 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. The persons specified in Part 1 of Article 2 of this Federal Law 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 storing cash funds and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments, as well as 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.
(Part as amended by Federal Law No. 431-FZ of December 22, 2014; as amended by Federal Law No. 354-FZ of November 28, 2015.
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) 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.
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"
2. The decision to carry out an audit is made in the manner prescribed for making a decision to carry out an audit 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 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.
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with 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, 1_1 of part 1 of Article 2 of this Federal Law;
Federal Law of November 3, 2015 N 303-FZ.
2) study additional materials received from the person specified in clauses 1, 1_1 of part 1 of Article 2 of this Federal Law, or from other persons;
(Paragraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.
3) receive from the person specified in paragraphs 1, 1_1 of part 1 of Article 2 of this Federal Law, explanations on the information and materials submitted by him;
(Paragraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.
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 about the information they have about the presence of who, in accordance with this Federal Law, 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 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;
(Paragraph as amended, entered into force on August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ.
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.
4. Requests to foreign banks and other foreign organizations, as well as to authorized bodies of foreign states, with the exception of requests in connection with the conduct of inspections in accordance with, are sent by the prosecution authorities of the Russian Federation on the grounds and in the manner established by the Prosecutor General of the Russian Federation.
Federal Law No. 5-FZ of February 6, 2019)
5. When conducting inspections in accordance with paragraph 3 of part 1 of Article 13_4 of the Federal Law "On Combating Corruption", the execution of requests sent to the Prosecutor General of the Russian Federation is carried out within the time limits established in such requests.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)
6. The Prosecutor General's Office of the Russian Federation, if necessary, has the right to send a request to the Central Bank of the Russian Federation, which applies to the central bank and (or) other supervisory authority of a foreign state, whose functions include banking supervision, or to a foreign regulator financial market with a request to provide information they have about whether persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keep 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 part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)
7. The procedure and conditions for interaction between the Prosecutor General's Office of the Russian Federation and the Central Bank of the Russian Federation are determined by agreement.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)
8. The Prosecutor General's Office of the Russian Federation provides information received from the Central Bank of the Russian Federation to the bodies, divisions and officials specified in Part 1 of this Article.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)
9. Bodies, subdivisions and officials referred to in Part 1 of this Article shall not be entitled to disclose to third parties information 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, to 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, for except as otherwise provided by federal law.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)
The person specified in clauses 1, 1_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, the right to own and (or) use foreign financial instruments:
(Paragraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.
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.
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.
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
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
| Document's name: | 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 (as amended as of May 1, 2019) (edition effective from August 6, 2019) |
| Document Number: | 79-FZ |
| Type of document: | the federal law |
| Host body: | The State Duma |
| Status: | current |
| Published: | Official Internet portal of legal information www.pravo.gov.ru, 08.05.2013 Russian newspaper, N 100, 05/14/2013 Collection of Legislation of the Russian Federation, N 19, 05/13/2013, art. 2306 |
| Acceptance date: | 07 May 2013 |
| Effective start date: | May 19, 2013 |
| Revision date: | 01 May 2019 |
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE PROHIBITION
KEEP CASH AND VALUES IN FOREIGN
BANKS LOCATED OUTSIDE THE TERRITORY OF THE RUSSIAN
FEDERATION, OWN AND/OR USE FOREIGN
FINANCIAL INSTRUMENTS
State Duma
Federation Council
Article 1
(as amended by Federal Law No. 505-FZ of December 28, 2016)
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 that affect issues of sovereignty and national security of the Russian Federation, and (or ) participating in the preparation of such decisions, 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 are determined in respect of which this prohibition, the procedure for verifying compliance by the said persons with this prohibition and the measures of responsibility for its violation.
2. For the purposes of this Federal Law, foreign financial instruments mean:
1) securities and related financial instruments of non-residents and (or) foreign structures without forming a legal entity, which, in accordance with the international standard "Securities - International Securities Identification System (ISIN)", approved by the international In this Federal Law, the term "foreign structure without forming a legal entity" is used in the meaning defined by the legislation of the Russian Federation on taxes and fees, the term "non-resident" in the meaning defined by clause 7 of part 1 of the article 1 of the Federal Law of December 10, 2003 N 173-FZ "On currency regulation and currency control";
2) participation shares, shares in the authorized (share) capitals of organizations, the place of registration or location of which is a foreign state, as well as in the property of foreign structures without forming a legal entity, not defined in accordance with clause 1 of this part as securities and classified to them financial instruments;
3) contracts that are derivative financial instruments and are defined by part twenty-ninth article 2 of Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market", if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without formation of a legal entity;
4) a trust management of property established in accordance with the legislation of a foreign state, the founder and (or) beneficiary of which is the person specified in Part 1 of Article 2 of this Federal Law;
5) loan agreements, if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without forming a legal entity;
6) loan agreements concluded with foreign banks or other foreign credit institutions located outside the territory of the Russian Federation.
3. In this Federal Law, the prohibition to own and use foreign financial instruments means the prohibition on direct and indirect (through third parties) possession and (or) use of such financial instruments.
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, heads of other municipalities, exercising the powers of heads of local administrations, heads of local administrations;
i) positions of the federal civil service, positions of the state civil service of the constituent entities of the Russian Federation, positions in the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws, certain positions on the basis of an employment contract in organizations, created to fulfill the tasks assigned to federal state bodies, the exercise of powers for which provides for participation in the preparation of decisions affecting issues of sovereignty and national security of the Russian Federation, and which are included in the lists established respectively by regulatory legal acts of federal state bodies, constituent entities of the Russian Federation, regulatory acts of the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations established by the Russian Federation on the basis of federal laws;
(Items "i" were introduced by Federal Law No. 431-FZ of December 22, 2014)
1.1) deputies of representative bodies of municipal districts and urban districts exercising their powers on a permanent basis, deputies holding positions in representative bodies of municipal districts and urban districts;
(Clause 1.1 was introduced by Federal Law No. 303-FZ of November 3, 2015)
2) spouses and minor children of the persons specified in subparagraphs "a" - "h" of paragraph 1 and paragraph 1.1 of this part;
(as amended by Federal Laws No. 431-FZ of December 22, 2014, No. 303-FZ of November 3, 2015)
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 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 the persons specified in clause 1 of part 1 of this article who replace (hold) public positions of the Russian Federation, positions of federal state service in official representative offices of the Russian Federation located outside the territory 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 for spouses (spouses) and minor children of these persons.
(Part 3 as amended by Federal Law No. 431-FZ of December 22, 2014)
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 and Part 3 of Article 4 of this Federal Law, in connection with the 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 the 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 Federal Law, 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 Federal Law 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 reliability of information about income , on property and obligations of a property nature).
(Part 2.1 was introduced by Federal Law No. 354-FZ of November 28, 2015)
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.
4. If, as a result of acceptance of an inheritance in accordance with the legislation of the Russian Federation or the legislation of a foreign state, the persons specified in Part 1 of Article 2 of this Federal Law receive accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, in direct and indirect (through third parties) possession and (or) use of foreign financial instruments, as well as the acquisition of the status of the founder and (or) beneficiary of the trust management of hereditary property (inheritance fund, trust) established in accordance with the legislation of a foreign state are obliged, within six months from the date of acceptance of the inheritance or transfer of foreign financial instruments to the founder and (or) beneficiary of the trust management of hereditary property (inheritance fund, trust), close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate received foreign financial instruments, terminate possession and (or) use of foreign financial instruments in any other way.
(Part 4 was introduced by Federal Law No. 73-FZ of May 1, 2019)
Article 4
1. The persons specified in Clauses 1, 1.1 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 real estate owned by them, their spouses and minor children located outside the territory of the Russian Federation , on the sources of funds from which the specified property was acquired, on their obligations of a property nature outside the territory of the Russian Federation, as well as information on such obligations of their spouses (spouses) and minor children.
(as amended by Federal Law No. 303-FZ of November 3, 2015)
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. The persons specified in Part 1 of Article 2 of this Federal Law 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 storing cash funds and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments, as well as 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.
(as amended by Federal Laws No. 431-FZ of December 22, 2014, No. 354-FZ of November 28, 2015)
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) 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 clauses 1, 1.1 of part 1 of Article 2 of this Federal Law;
(as amended by Federal Law No. 303-FZ of November 3, 2015)
2) study additional materials received from the person specified in paragraphs 1, 1.1 of part 1 of Article 2 of this Federal Law, or from other persons;
(as amended by Federal Law No. 303-FZ of November 3, 2015)
3) receive from the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, explanations on the information and materials submitted by him;
(as amended by Federal Law No. 303-FZ of November 3, 2015)
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 Clauses 1, 1.1 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, the right to own and (or) use foreign financial instruments:
(as amended by Federal Law No. 303-FZ of November 3, 2015)
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.
The president
Russian Federation
Moscow Kremlin
