The legal norms governing currency control in the Russian Federation are integral part legal institution of currency regulation. This group of norms fixes the main elements of currency control: the competence and powers of bodies and agents of currency control, the rights and obligations of controlled entities, the tasks of currency control.
It is necessary, first of all, to dwell on the issue of the impact on the system of currency control of constitutional and international legal norms. This problem has not received exhaustive coverage in the literature, although there are examples of such studies in relation to international monetary relations.
Constitution Russian Federation serves as a basis and guide legal regulation practically any field of activity government agencies. However, it should be recognized that the use of constitutional norms in resolving issues of currency regulation and control is, as a rule, indirect.
An analysis of the Constitution of the Russian Federation leads to the conclusion that the following provisions have a connection with the issues under consideration.
Firstly, this is paragraph "g" of Art. 71 and not talking about currency control, it seems that this provision should be interpreted broadly, since currency control is an integral part of the currency regulation mechanism. Obviously, with unity currency rules the establishment of different procedures for conducting control measures in the subjects of the Federation does not make sense.
Secondly, point “c” of Art. 106 of the Constitution of the Russian Federation, fixing the rule of mandatory consideration in the Federation Council of federal laws adopted by the State Duma on issues of currency regulation. This emphasizes the importance of the legislative solution of currency issues. Unfortunately, in practice, the role of the law in this area, the Law on Currency Regulation and Currency Control, has not been amended for 6 years from the moment it was adopted in October 1992, against the backdrop of constantly changing Russian legislation during this period, such stability of the Law only indicates that that its norms did not actually regulate real currency relations. They were replaced by subordinate regulation, extremely mobile and changeable, which gave life to the norms of currency regulation. At the level of by-laws, the following issues are resolved: determining the range of currency transactions related to the movement of capital, but carried out without a license from the Bank of Russia; establishing cases in which export earnings are not subject to mandatory repatriation, and many others. This will be discussed in more detail below in relation to the regulation of currency control.
Meanwhile, the Constitution of the Russian Federation gives reason to assert that currency control measures (currency restrictions, currency control rules) should be taken on legislative level. So, in Art. 76 of the Constitution of the Russian Federation stipulates that federal laws are adopted on matters within the jurisdiction of the Russian Federation. Since currency regulation is within the jurisdiction of the Federation (paragraph “g” of article 71 of the Constitution of the Russian Federation), it requires the legislative establishment of relevant norms in compliance with the procedure for considering the law in the Federation Council (paragraph “c” of article 106 of the Constitution of the Russian Federation).
Thus, it is obvious that the impact of the norms of the Constitution of the Russian Federation on the formation currency legislation slightly. We have to control that the basic law of the state does not reflect such fundamental points as the most important tasks of the state's monetary policy, the delimitation of the competence of state bodies in the monetary sphere, and guarantees of the rights of persons performing currency transactions. Meanwhile, the direct constitutional consolidation of these provisions would serve to establish the stability of the monetary policy of the Russian Federation. The practice of the Constitutional Court of the Russian Federation shows that the norms of the Constitution of the Russian Federation are quite closely connected with the field of currency regulation. Thus, it was at the level of the legal position of the Constitutional Court of the Russian Federation that the issue of the inadmissibility of collecting fines in an indisputable manner for violation of currency legislation was resolved (Determination of the Constitutional Court of the Russian Federation of March 4, 1999 No. 50-O / / Bulletin of the Constitutional Court of the Russian Federation-1999-No. 3).
international agreements, of which the Russian Federation is a member, the rules of currency control are not directly established. If, in relation to the procedure for conducting foreign exchange transactions, international agreements sometimes act as a direct source of legal regulation, then they affect foreign exchange control only indirectly.
Let us explain what has been said with an example. Russia's international obligations that affect its currency legislation are related to its membership in the International Monetary Fund (IMF). The decision to join the IMF was enshrined in the Decree of the Supreme Council of the Russian Federation dated May 22, 1992 No. 2815-I “On the entry of the Russian Federation into the International Monetary Fund, the International Bank for Reconstruction and Development and the International Development Association”. Thus, Russia assumed the obligations arising from the articles of the International Monetary Fund Agreement, adopted at the UN conference on July 22, 1944 in Bretton Woods, USA. Based on the provisions of Art. 5 of the Federal Law of July 15, 1995 No. 101-FZ “On International Treaties of the Russian Federation”, the norms of the IMF Agreement should be considered as an integral part of the Russian legal system. Since in Russia, during the period of accession to the Agreement, only the transition from the regime of the currency monopoly of the state to the regime of currency regulation was made, Russia did not assume the international obligations arising from membership in the IMF in full. Such a procedure is allowed by the terms of the IMF Agreement (Article XIV "Transitional Measures"). As follows from paragraph 6 of the Decree of the Supreme Court of the Russian Federation on joining the IMF, Russia initially did not assume the obligations established by Sec. 2(a) art. VIII of the IMF Agreement, which provides for the refusal of member states to impose restrictions on payments and transfers on current foreign exchange transactions.
Full acceptance of the provisions enshrined in Art. VIII of the Fund's Agreement, followed the publication of Decree of the President of the Russian Federation dated May 16, 1996 No. 721 "On measures to ensure the transition to the convertibility of the ruble." However, this measure did not affect the domestic legislation of Russia in any way, although the norms establishing such fundamental provisions as the rejection of restrictions on current payments, the rejection of “discriminatory foreign exchange practices” (i.e., from the plurality of exchange rates for different buyers of the currency), currency convertibility (sections 2-4 of Article VIII of the IMF Agreement).
As for the exchange rate, the IMF Agreement does not contain direct instructions on this account. But when creating a system of currency control, the norms of the Agreement should influence the internal legislation of the participating country.
Firstly, the introduction of such measures as control over the import or export of goods (works, services), involving a number of formalities in the performance of foreign trade operations in order to state control for the validity of payments and transfers for current foreign exchange transactions. Strictly speaking, the system of formalities (maintenance of transaction passports, the requirement to conduct settlements exclusively through an authorized bank that maintains a transaction passport) should be reasonable and flexible enough so as not to serve as an obstacle to making current currency payments by bona fide participants in foreign trade relations. As already noted, control measures should not develop into actual currency restrictions.
Secondly, when exercising currency control, the IMF member state should be guided by the goals of the Fund Agreement, striving to conduct monetary policy without violating them. Article 1 of the Agreement establishes the following goals for the creation of the IMF, which affect the policy of the member countries in the field of both currency regulation and currency control:
Thus, the international legal document, the IMF Agreement, indirectly affects the normative regulation of foreign exchange control in Russia and, most importantly, can serve as a guide in interpreting the norms of domestic legislation on foreign exchange control.
As a rule, international legal agreements outline only initial provisions, which should be specified at the level of national legislation. However, it is necessary to single out a range of international agreements that directly affect the sphere of currency control. We are talking about intergovernmental agreements, cooperation and mutual assistance in the field of currency and export control. Thus, a similar Agreement was concluded on October 22, 1996 between the Government of the Russian Federation and the Government of the Republic of Uzbekistan. In the development of this Agreement, a Protocol dated March 12, 1997 was signed between the Federal Service of Russia for Currency and Export Control and the State Tax Committee of the Republic of Uzbekistan on cooperation and mutual obligations of the parties to exchange information, fulfill requests, exchange experience, provide assistance in training, as well as assistance in establishing contacts with other bodies of the contracting parties empowered in the field of currency and export control. A similar agreement was signed with the Republic of Azerbaijan.
Thus, the norms international law perform two main functions in relation to the regulation of foreign exchange relations and foreign exchange control: firstly, the norms of international agreements fix the fundamental approaches to the formation of the foreign exchange policy of states; secondly, they can directly affect control relations, as is the case with international treaties on legal assistance in the field of currency control.
The main components of the currency control system are reflected in the laws and regulations issued on currency issues.
Do not forget that currency control will be one of the types of financial control, which is carried out during foreign exchange transactions.
It should be noted that the main areas of currency control are:
Do not forget that currency control is carried out by currency control authorities and their agents. The law of the Russian Federation "On currency regulation and currency control" refers to the number of currency control bodies central bank the Russian Federation, whose powers in this area were discussed in the previous paragraph, as well as the Government of the Russian Federation represented by such bodies as the Ministry of Finance of the Russian Federation, federal Service of the Russian Federation for Currency and Export Control (EEC), the State Customs Committee of the Russian Federation, the Ministry of the Russian Federation for Taxes and Duties, law enforcement agencies.
A special role in the implementation of currency control is played by the Federal Service of Russia for Currency and Export Control, which controls the compliance by residents and non-residents of Russian legislation and departmental regulations governing the implementation of foreign exchange transactions, and the fulfillment by residents of obligations to the state in foreign currency; exercises control over the completeness of receipt in the established order of funds in foreign currency for foreign economic operations; participates in monitoring compliance with the procedure for quoting and licensing the export of goods and services; controls the effectiveness of the use of loans in foreign currency provided to the Russian Federation on the basis of international treaties and agreements, performs other functions related to currency and export control.
The Customs Committee as a currency control body in ϲᴏᴏᴛʙᴇᴛϲᴛʙii from art. 198 and 199 of the Customs Code of the Russian Federation, and other lower customs authorities, as currency control agents, exercise currency control over the movement of persons across the customs border of the currency of the Russian Federation, valuable papers in the currency of the Russian Federation, currency values, as well as for currency transactions related to the movement of goods across the specified border and Vehicle.
In addition to those named, currency control agents will be organizations that, in ϲᴏᴏᴛʙᴇᴛϲᴛʙ and with the legislation, can carry out the functions of currency control, and are also accountable to ϲᴏᴏᴛʙᴇᴛϲᴛʙ to the governing bodies of currency control. Currently, authorized banks and other non-bank credit organizations that have licenses to carry out foreign exchange transactions are classified as currency control agents.
Within the limits of their competence, the bodies and agents of currency control exercise control over the foreign exchange operations carried out in the country, over the compliance of these operations with legislation, the conditions of licenses and permits, etc.
Entities carrying out foreign exchange transactions are obliged to submit to the bodies and agents of foreign exchange control all the requested documents and information on the carried out foreign exchange transactions, give explanations, and perform other duties stipulated by law.
In case of violation by enterprises, banking and other financial institutions currency laws and regulations Central Bank Residents of the Russian Federation, including authorized banks, as well as non-residents, are liable in the form of recovery to the state of everything received under invalid transactions or recovery to the state of income unreasonably acquired not through a transaction, but as a result of illegal actions.
For violation of the rules for accounting and reporting on foreign exchange transactions, failure to provide documents and information to the currency control authorities, residents and non-residents may be fined up to the amount that was not taken into account, was not taken into account properly, or for which documentation and information were not submitted in the prescribed manner.
At repeated violation of the said rules, as well as for non-compliance or improper fulfillment of the instructions of the currency control bodies from residents, including authorized banks, and from non-residents, the Central Bank of the Russian Federation recovers the amounts received from invalid transactions, as well as fines within the fivefold amount of these amounts, to the state revenue; licenses of residents and non-residents are suspended or revoked.
Officials of resident legal entities and non-resident legal entities guilty of violating the currency legislation bear criminal, administrative and civil liability. Thus, the Criminal Code of the Russian Federation provides for criminal liability: for illegal circulation of precious metals, natural precious stones or pearls (Article 191); for violation of the rules for the delivery of precious metals and precious stones to the state (Article 192); for failure to return funds in foreign currency from abroad (Article 193)
The process of liberalization of the foreign economic activity of Russian enterprises, which began and developed in conditions of instability in the sphere of economics and politics, combined with significant shortcomings in regulatory framework led to an intensive "flight" of capital from the country. Significant sums, the exact amount of which is difficult to determine, ended up in accounts in foreign banks. Official sources call the amounts from 50 to 100 billion dollars. The origin of the main share of these funds is illegal, and the incomes themselves are hidden from taxation and from mandatory sale on the domestic foreign exchange market, proceeds from foreign economic operations, acquired illegally.
The main reasons for Russian entrepreneurs and citizens hiding foreign currency abroad are as follows:
Today, capital flight takes quite sophisticated forms that are difficult to control.
The most common ways of capital outflow from the country will be the following:
Another cause of serious violations will be the dollarization of the Russian economy.
According to some information, there are two unregistered ones for one legal currency exchange office. It is worth saying that in order to streamline the work of exchange offices, it was developed new pattern a single certificate on the purchase of currency and permission to export, a special cash register with non-erasable memory has been created, into which data on the number of banknotes, denomination, and the rate of purchase and sale will be automatically entered.
The control over the receipt of the export earnings of residents in the Russian Federation is entrusted mainly to authorized Russian banks and is carried out in accordance with Instruction of the Bank of Russia dated October 12, 1993 No. 19 “On the procedure for exercising currency control over the receipt of foreign exchange earnings from export goods into the Russian Federation”.
In ϲᴏᴏᴛʙᴇᴛϲᴛʙii with the above instruction, the exporter submits the contract or its duly certified copy to the authorized bank where his foreign currency account is located, to which the proceeds from the export of goods should be received. Together with the bank, the exporter draws up a transaction passport - a document containing in a standardized form information about a foreign economic transaction necessary for the implementation of currency control. The transaction passport is signed by the exporter and the bank, and presented to the customs authorities along with other documents for processing the export of goods. After signing the transaction passport, the bank assumes the functions of a currency control agent for the receipt of foreign exchange earnings from the export of goods under this contract.
In order to strengthen foreign exchange control over the receipt of foreign exchange earnings to the accounts of residents, the Decree of the President of the Russian Federation of November 21, 1995 "On priority measures to strengthen the system of foreign exchange control in the Russian Federation" established a procedure for settlements on foreign economic transactions of residents, providing for the import of goods to the customs territory of the Russian Federation or the export of goods from the said customs territory is carried out only through the accounts of residents who have entered into transactions with non-residents or on behalf of them. Under ϶ᴛᴏm, settlements on foreign economic transactions are carried out only through authorized banks. Resident importers who have concluded transactions for the transfer of foreign currency from Russia in order to purchase goods are obliged to import goods, the cost of which is equivalent to the amount paid for them Money in foreign currency, or ensure the return of these funds in the amount previously transferred within 180 calendar days from the date of payment for the goods. In case of non-fulfillment or improper fulfillment of these requirements, resident importers are liable in the form of a fine in the amount equivalent to the amount of foreign currency previously transferred to pay for goods.
The flight of capital from Russia entails negative economic and political consequences. The outflow of capital will be one of the reasons for the failure foreign countries provide external foreign currency loans Russia, undermines the ability of the state to service more than 150 billion dollars of external debt, and also does not allow the financial system of the state to accumulate sufficient investment resources to modernize the economy as a whole. Therefore, the establishment of an effective mechanism to control the repatriation of proceeds from the export of services is crucial. It should be aimed at making it economically more profitable to invest the earned foreign exchange funds in the development of the Russian economy. This task can be solved only through comprehensive measures of an economic and political nature, serious changes in legislation are needed.
It seems that the accession of Russia to the Strasbourg "Convention on money laundering, detection, seizure and confiscation of discovered funds obtained by criminal means" (Strasbourg, January 8, 1990) will qualitatively improve the system of operational detection of criminal capital moving from Russia abroad, which , in turn, will increase the effectiveness of the investigation of criminal gangs on the territory of Russia itself. With ϶ᴛᴏm, it will be possible to conclude ϲᴏᴏᴛʙᴇᴛϲᴛʙ agreements between the Bank of Russia and ϲᴏᴏᴛʙᴇᴛϲᴛʙ exchange of necessary information related to the implementation of the provisions of the Strasbourg Convention, as well as the conclusion of similar agreements between the Ministry of Internal Affairs of Russia and interested law enforcement countries.
The international practice of combating such a phenomenon as the capital investment shows that it cannot be stopped only by the adoption of administrative measures, and the capital that has left the country is almost impossible to return solely by tightening foreign exchange controls. The solution to this issue, as already noted, is seen in a combination of administrative measures, the improvement of currency legislation, the creation of a favorable investment climate in Russia in the context of economic and political stabilization in general.
Currency control is one of the types financial control which is carried out during foreign exchange transactions.
The main areas of currency control are:
determining the compliance of ongoing operations with the current legislation and the availability of the necessary licenses and permits for them;
verification of the fulfillment by residents of obligations in foreign currency to the state, as well as obligations to sell foreign currency in the domestic foreign exchange market of the Russian Federation;
checking the validity of payments in foreign currency;
verification and objectivity of accounting and reporting on foreign exchange transactions, as well as on transactions of non-residents in the currency of the Russian Federation.
Currency control is carried out by currency control bodies and their agents. The Law of the Russian Federation “On Currency Regulation and Currency Control” includes the Central Bank of the Russian Federation, whose powers in this area were mentioned earlier, as well as the Government of the Russian Federation represented by
See, for example: Decree of the Government of the Russian Federation of March 26, 2001 No. 233 “On Approval of the Rules for the Sale of Special Size Diamonds weighing 10.8 carats and More on the Domestic Market” // Russian newspaper. 2001, 14 Apr. 1. such bodies as the Ministry of Finance of the Russian Federation, the State Customs Committee of the Russian Federation, the Ministry of the Russian Federation for Taxes and Duties.
Created in 1993, the Russian Federal Service for Currency and Export Control (VEC of Russia) was reorganized in May 20001. Part of its powers, as a currency control body, were transferred to the Ministry of Finance of Russia, and the powers in the field of analytical activities - to the Ministry economic development and trade of the Russian Federation. Currently, the Currency Control Department of the Ministry of Finance performs the following functions of the currency control body:
monitors compliance by residents and non-residents with the laws of Russia and departmental regulations governing the implementation of foreign exchange transactions, and the fulfillment by residents of obligations to the state in foreign currency;
exercises control over the completeness of the receipt of funds in foreign currency in accordance with the established procedure for foreign economic operations;
participates in monitoring compliance with the procedure for quoting and licensing the export of goods and services;
controls the effectiveness of the use of loans in foreign currency provided by the Russian Federation on the basis of international treaties and agreements;
other functions related to currency control.
The State Customs Committee of Russia, as a currency control body, in accordance with Art. 198 and 199 of the Labor Code of the Russian Federation and other customs authorities, as agents of currency control, exercise currency control over the movement of persons across the customs border of the currency of the Russian Federation, securities denominated in the currency of the Russian Federation, currency values, as well as foreign exchange transactions related to the movement across the specified border goods and vehicles.
" See the Decree of the President of the Russian Federation "On the structure federal bodies Executive Power” dated May 17, 2000 // SZRF. 2000. No. 21. Art. 2168; Decree of the Government of the Russian Federation "Issues of the Ministry of Economic Development and Trade of the Russian Federation" dated July 5, 2000 // SZ RF. 2000. No. 28. Art. 2978; Decree of the Government of the Russian Federation "Issues of the Ministry of Finance of the Russian Federation" dated August 23, 2000 // SZ RF. 2000. No. 35. Art. 3592.
Currency control agents are authorized banks reporting to the Central Bank of the Russian Federation, as well as organizations reporting to federal executive authorities. Currency control agents currently include authorized banks, other non-bank credit institutions that have licenses to carry out foreign exchange transactions, tax inspections, and customs posts.
Within their competence, the bodies and agents of currency control exercise control over the currency transactions carried out in the country, over the compliance of these operations with legislation, the terms of licenses and permits, as well as over compliance with acts of the currency control bodies.
The entities carrying out foreign exchange transactions are obliged to "submit to the bodies and agents of foreign exchange control all the requested documents and information on the implementation of foreign exchange transactions, give appropriate explanations, and perform other duties stipulated by law.
In case of violation by enterprises, banking and other financial institutions of the currency legislation and regulations of the Central Bank of the Russian Federation, residents, including authorized banks, as well as non-residents, are liable in the form of collecting to the state revenue all received from invalid transactions or collecting to the state revenue unreasonably acquired not through a transaction, as a result of illegal activities.
For violation of the rules of accounting and reporting on foreign exchange transactions, non-submission of documents and information to the currency control authorities, residents and non-residents may be fined up to the amount that was not taken into account, was taken into account improperly, or for which documentation and information were not provided in the prescribed manner.
In case of repeated violation of the previously mentioned rules, as well as for non-fulfillment or improper fulfillment of the instructions of the currency control authorities from residents, including authorized banks, and from non-residents of the Central Bank of the Russian Federation, the amounts received from invalid transactions, as well as fines, are recovered to the state revenue; licenses of residents and non-residents are suspended or revoked.
Officials of resident legal entities and non-resident legal entities guilty of violating the currency legislation bear criminal, administrative and civil liability. Thus, the Criminal Code of the Russian Federation provides for criminal liability: for illegal circulation of precious metals, natural precious stones or pearls (Article 191); for violation of the rules for the delivery of precious metals and precious stones to the state (Article 192); for failure to return funds in foreign currency from abroad (Article 193).
In order to strengthen foreign exchange control over the receipt of foreign exchange earnings to the accounts of residents by the Decree of the President of the Russian Federation "On priority measures to strengthen the system of foreign exchange control in the Russian Federation" dated November 21, 1995 and the Instruction of the Central Bank of the Russian Federation and the State Customs Committee of the Russian Federation on the procedure for exercising foreign exchange control, for the validity payment by residents of imported goods dated October 4, 2000, a procedure was established according to which settlements on foreign economic transactions of residents involving the import of goods into the customs territory of the Russian Federation or the export of goods from the said customs territory are carried out only through the accounts of residents who have concluded or on whose behalf deals with non-residents. At the same time, settlements on foreign economic transactions are carried out only through authorized banks. Resident importers who have concluded transactions for the transfer of foreign currency from Russia in order to purchase goods are required to import goods whose value is equivalent to the amount of money paid for them in foreign currency, or to ensure the return of these funds in the amount previously transferred within 180 calendar days. days from the date of payment for the goods. In case of non-fulfillment or improper fulfillment of these requirements, resident importers shall be liable in the form of a fine in the amount equivalent to the amount of foreign currency previously transferred as payment for goods.
The exporter submits the contract or its certified copy in the authorized bank, where his foreign currency account is located, to which the proceeds from the export of goods should be received. Together with the bank, the exporter draws up a transaction passport - a document containing in a standardized form information about a foreign economic transaction necessary for the implementation of currency control. The transaction passport is signed by the exporter and the bank, and presented to the customs authorities along with other documents for processing the export of goods. After signing the transaction passport, the bank assumes
functions of an agent of currency control over the receipt of foreign exchange earnings from the export of goods under this contract.
Control questions and tasks
What are the types of currency regimes?
What is the structure of the currency legal relationship?
Who is the subject of the currency legal relationship?
What can be the object of a currency legal relationship?
What about currency values?
Describe the concept of "currency transaction".
What are the types of foreign exchange transactions?
What currency transactions can residents make?
The concept of information bases of currency control. According to Art. 2 of the Federal Law of June 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”, information is understood as information (messages, data) regardless of the form of their presentation.
Information can be documented on paper, or it can be transmitted in the form of electronic messages over an information and telecommunication network.
Under information and telecommunications network this Law understands a technological system intended for the transmission of information over communication lines, access to which is carried out using computer technology.
Currency control is based both on information documented on paper and on information converted into electronic form (including in the form of an electronic document) and distributed through information and telecommunication networks.
On the present stage In the development of information technologies in the field of currency control, a gradual transition from paper to electronic document management is expected, which should ultimately ensure greater efficiency of currency control.
Information bases currency control have their content:
Information base
In its turn documentary base currency control make up;
1) documents submitted by residents and non-residents carrying out currency transactions to currency control agents. These documents are divided into the following groups:
a) documents and information related to the conduct of foreign exchange transactions, opening and maintaining accounts (provided for in Part 4 of Article 23 of Law No. 173-FZ);
b) forms of accounting for foreign exchange transactions;
2) reporting forms of currency control agents to the currency control authorities.
In addition, for the purposes of currency control and, in particular, for reconciliation of documents, currency control agents use a variety of classifiers and lists of reference information.
The concept and composition of the documentary base of currency control. General documents and information related to foreign exchange transactions, opening and maintaining accounts include:
1. Documents proving the identity of an individual.
In accordance with the legislation of the Russian Federation, identity documents are:
2. Document about state registration legal entity; document on state registration of an individual as an individual entrepreneur.
3. Documents certifying the status of a legal entity - for non-residents.
These documents are provided by the state in which the state registration of a non-resident was carried out.
4. Certificate of registration with the tax authority.
5. Documents certifying the rights of persons to real estate.
A document certifying the rights of a person to real estate, in accordance with the order of the Ministry of Economic Development of the Russian Federation of December 23, 2013 No. 765 1 Order of the Ministry of Economic Development of the Russian Federation of December 23, 2013 No. 765 “On approval of the rules for maintaining the Unified state register rights to real estate and transactions with it, the composition of the registration number, the procedure for assigning rights to real estate and transactions with it to objects during state registration real estate conditional numbers that have not been assigned in accordance with the procedure established by the legislation of the Russian Federation cadastral number, forms of a certificate of state registration of rights and a special registration inscription on documents, requirements for filling out a certificate of state registration of rights and a special registration inscription, as well as requirements for the format of a special registration inscription in electronic form ” // Bulletin of Normative Acts of Federal Executive Authorities, No. 46.17.11.2014., is the Certificate of state registration of rights.
Special documents and information related to the conduct of foreign exchange transactions, the opening and maintenance of accounts include the following.
1. Documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state.
2. Notice tax authority at the place of registration of the resident on opening an account (deposit) in a bank outside the territory of the Russian Federation.
The form of notification of the tax authority at the place of registration of a resident about opening an account (deposit) in a bank outside the territory of the Russian Federation is established by Order of the Federal Tax Service of Russia dated September 21, 2010 No. ММВ-7-6/457 changing the details of an account (deposit) with a bank located outside the territory of the Russian Federation, and on the existence of an account with a bank outside the territory of the Russian Federation.
3. Documents (draft documents) that are the basis for conducting foreign exchange transactions, including agreements (agreements, contracts), powers of attorney, extracts from the minutes general meeting or other management body of a legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of works, provision of services), information and results of intellectual activity, including exclusive rights to them, acts of state bodies.
This group refers to documents certifying the fact of foreign trade transactions; foreign trade contracts; commercial documents (invoice (invoice), pro forma invoice (pro forma invoice) to the contract, other commercial and settlement documents, including a cash or sales receipt for the purchase of goods in a retail network, documents confirming the settlements using as means of payment for securities, etc.).
4. Documents drawn up and issued by credit institutions, including bank statements; documents confirming the performance of foreign exchange transactions.
Such documents include: bank statements from accounts; written confirmation of an authorized bank maintaining a credit account in accordance with an international agreement with the participation of the Russian Federation, when supplying goods under a state loan or as a repayment state loan, indicating the account number and currency code, etc.
5. Customs declarations, documents confirming the import into the Russian Federation of the currency of the Russian Federation, foreign currency and external and internal securities in documentary form.
6. Passport of the transaction.
This document will be discussed in more detail below.
7. Documents confirming that individuals are spouses or close relatives, including documents you
data from the civil registry authorities (marriage certificate, birth certificate), court decisions that have entered into legal force on establishing the fact of family or kinship relations, on adoption (adoption), on establishing paternity, as well as entries in passports about children, about spouse and other documents stipulated by the legislation of the Russian Federation.
These documents are specified in the Instruction of the Bank of Russia dated July 20, 2007 No. 1868-U “On the submission by resident individuals to authorized banks of documents related to certain foreign exchange transactions”.
According to the Ordinance of the Central Bank of the Russian Federation, resident individuals when carrying out foreign exchange transactions related to foreign currency transfers from their accounts opened with authorized banks in favor of other individuals- residents who are their spouses or close relatives, to the accounts of these persons opened in authorized banks or in banks located outside the territory of the Russian Federation (if transferred within one business day the amount exceeds the equivalent of 5 thousand dollars. USA), submit to the authorized bank, through which the specified currency transactions are carried out, documents (copies of documents) confirming that individuals are spouses or close relatives from the following list:
From the number of documents provided for in paragraph 4 of this article, it is necessary to exclude the forms of accounting, in respect of which there is currently a separate legal regulation by the Instruction of the Bank of Russia No. 138-I.
In clause 1.5 of Instruction No. 138-I, the Bank of Russia classified two types of certificates as accounting forms for foreign exchange transactions:
Reference information used for currency control purposes. Customs authorities use the following classifiers for the purposes of currency control.
Order No. 1003 of the Federal Customs Service of Russia dated August 21, 2007 approved classifiers and lists of reference information used for customs purposes. Among them, the following classifiers are used for the purposes of currency control:
a) forms of settlements and features of a foreign economic transaction;
b) tables of correspondence between the clearing currency and the base currency according to All-Russian classifier currencies;
c) peculiarities of settlements for declared goods.
In addition, the customs authorities, according to the letter of the Federal Customs Service of Russia dated July 12, 2007 No. 01-06 / 25927, use for the purposes of currency control:
Central Bank of the Russian Federation communicates to the authorized banks the lists of regulatory and reference information used by the latter when compiling reports and accounting for documents and information submitted by residents and non-residents.
In the field of currency control, information systems used by the main subjects of currency control are of paramount importance: banks and customs authorities. The Central Bank of the Russian Federation operates the Electronic information system(EIS) of the Bank of Russia, Federal Customs Service - Unified Automated Information System (UAIS) of customs authorities.
Certain results have been achieved in the informatization of customs currency control: the software packages “Currency Control Agent” and “Currency Control Database Registry” have been developed and are being used, which are the information basis for the customs authorities to exercise currency control and control over the execution of foreign trade barter transactions.
Passport of the transaction and accounting forms for foreign exchange transactions. Conducting a currency transaction under foreign trade contracts and loan agreements involves the submission by a resident to an authorized bank (bank of the transaction passport) of the following documents:
In order to ensure accounting and reporting on foreign exchange transactions, the Central Bank of the Russian Federation has established uniform rules for registration by residents in authorized banks transaction passports(PS). It acts as a basic currency control document and contains the necessary information from the contract between a resident and a non-resident.
The authorized bank from among its employees determines a responsible officer who has the right to perform on behalf of the authorized bank as a currency control agent currency control actions, including signing documents and certifying documents on paper with an imprint of the seal of the authorized bank used for the purposes of currency control. The responsible person and the seal of the authorized bank are approved by the administrative act of the authorized bank.
Documents and information are submitted by a resident (non-resident) to an authorized bank on paper and (or) in in electronic format in the manner agreed by the authorized bank with the resident (non-resident).
Information about foreign exchange transactions and documents related to the conduct of the currency transactions specified in it, are submitted by a resident to an authorized bank within the following terms:
a) when crediting foreign currency to a transit currency account - no later than 15 working days after the date of its crediting, specified in the notification of the authorized bank on its crediting to a transit currency account;
b) when debiting foreign currency from a current account in foreign currency - simultaneously with an order to transfer foreign currency.
A certificate of foreign exchange transactions is not filled in by a resident and is not submitted to an authorized bank in the following cases:
When carrying out a currency transaction related to the debiting of the currency of the Russian Federation in favor of a non-resident from its current account in the currency of the Russian Federation opened with an authorized bank, the resident simultaneously submits to the authorized bank the following documents:
settlement document for a currency transaction is not drawn up and submitted by a resident to an authorized bank in the following cases:
A non-resident, when carrying out a foreign exchange transaction related to the debiting of the currency of the Russian Federation from his bank account opened with an authorized bank in the currency of the Russian Federation, shall submit to the authorized bank settlement document for a currency transaction, indicating in it the code of the type of currency transaction that corresponds to the purpose of the payment. The following cases are an exception:
An agreement between an authorized bank and a resident (non-resident) may provide that the authorized bank is granted the right to independently draw up a settlement document for a currency transaction indicating in it the code of the type of currency transaction on the basis of documents related to the conduct of this currency transaction submitted by a resident (non-resident) before implementation of a currency transaction in the manner agreed by the authorized bank with a resident (non-resident).
In the case of currency transactions related to the crediting to the settlement account of a resident in the currency of the Russian Federation of the currency of the Russian Federation received from a non-resident, and (or) with the debiting of his current account in the currency of the Russian Federation of the currency of the Russian Federation in favor of a non-resident, under a contract ( loan agreement), according to which the transaction passport is issued, the resident submits the following documents to the authorized bank:
An agreement between an authorized bank and a resident may provide that the authorized bank is granted the right to fill out a certificate of foreign exchange transactions. In this case, the certificate of foreign exchange transactions is filled in by the authorized bank independently.
The authorized bank stores in electronic form data on foreign exchange and other transactions carried out by its resident clients in foreign currency and in the currency of the Russian Federation and by its non-resident clients in the currency of the Russian Federation through their accounts opened with this authorized bank.
The procedure for storing data on foreign exchange transactions, with the exception of the storage periods, is determined by the authorized bank independently. Information containing data on a currency transaction is stored by an authorized bank in electronic form for at least three years after the date of the relevant transaction.
The authorized bank, at the request of the currency control authorities, shall submit in electronic form and (or) on paper the data on currency transactions subject to storage, which were carried out for a certain period, either by certain clients, or by certain codes of the type of currency transactions.
These rules apply to the following contracts:
These rules do not apply to contracts:
The resident, on the basis of an agreement concluded with an authorized bank, may grant the authorized bank, through the account in which it will carry out foreign exchange transactions related to settlements under the contract, the right to fill out a transaction passport (TP) based on the documents and information submitted by the resident, which contain all the necessary information to be reflected in the PS. For each contract, as a rule, one PS is issued.
For registration of the PS, the resident submits the following documents and information to the authorized bank at the same time: a) one copy of the PS; b) a contract, the fulfillment of obligations under which requires the issuance of a PS, or an extract from such a contract containing the information necessary for issuing a PS; c) other documents and information that contain the information specified by the resident in the completed PS form, including information on the amount of debt on the principal debt under the loan agreement (if available on the date preceding the date of registration of the PS).
Within three working days after the date of submission of documents and information by the resident, the authorized bank:
If the authorized bank accepts the contract for servicing and draws up the PS under it, the authorized bank forms the PS in the form of an electronic document, assigns the PS number and ensures the maintenance and storage of the PS in electronic form.
The PS is considered executed after the bank assigns a PS number to it and puts down the date of registration and signature of the responsible person.
The issued PS is sent by the PS bank to the resident no later than two working days after the date of its execution.
The authorized bank refuses to accept a resident for servicing a contract and issue a PS under it on the following grounds:
In case of refusal to issue a PS, the authorized bank informs the resident about this, indicating the reasons for the refusal to issue the PS, returns to the resident the submitted set of documents and information, indicating the date of their return.
The resident submits to the PS bank an application for closing the PS in the following cases:
Authorized bank on the day of signing the issued TP or
accepting the PS for service, or entering information into the PS, or closing the PS generates a message in electronic form (hereinafter - ES) containing information on this PS, which is supplied with an authentication code. The transfer of the ES is carried out by an authorized bank through the territorial office of the Bank of Russia, which supervises its activities, and the Center for Information Technologies of the Bank of Russia to the Central Information and Technical Customs Administration of the Federal Customs Service of Russia.
Legal regulation of information interaction of subjects of currency control. Legal support of information interaction in the field of currency control is the most important component of currency control, since, along with other factors, it makes it possible to increase its effectiveness, including through:
The interaction between the subjects of currency control is regulated by both general rules (concerning all or most types of subjects of currency control at once), and special (agreements between individual subjects of currency control). The latter are called upon to develop and individualize universal norms depending on the competence of specific subjects of currency control.
Information interaction is normatively regulated:
Information interaction between bodies and agents of currency control is based on a currency offense committed by a resident or non-resident and can be initiated in two ways.
1. By way of a request sent by the currency control body to the currency control agent containing the necessary identification information in relation to a resident or non-resident. This request must contain information about the presence of signs of a violation of the currency legislation of the Russian Federation, committed by a resident or non-resident.
2. By sending the agent of currency control (or the Bank of Russia) to Rosfinnadzor information about the violation of currency legislation revealed by him.
Currency control agents, within their competence, submit to the Bank of Russia and Rosfinnadzor, at their request, documents and information at their disposal related to the conduct of foreign exchange transactions by residents and non-residents, and securities market participants - documents and information related to the conduct of residents and non-residents of foreign exchange transactions. transactions with external and internal securities performed using services provided by participants in the securities market.
At the same time, the documents requested by the currency control authorities must be included in the list of documents established by Part 4 of Art. 23 of Law No. 173-FZ.
The rules approved by Government Decree No. 166 establish clear deadlines for sending information by the Bank of Russia and currency control agents to Rosfinnadzor, varying them depending on the method of initiating such interaction.
The Bank of Russia and foreign exchange control agents submit documents and information related to foreign exchange transactions to Rosfinnadzor within 20 business days from the day following the day the request was received; territorial bodies of currency control agents - during seven working days from the day following the day the request was received.
In cases where the Bank of Russia and currency control agents independently discover violations of the currency legislation of the Russian Federation, a different deadline for submitting information to Rosfinnadzor applies. The named entities (with the exception of authorized banks) are obliged to transfer information identifying residents and non-residents to Rosfinnadzor on paper signed by an authorized official within seven working days from the day following the day the violation was discovered.
Authorized banks and Vnesheconombank directly transfer documents and information to Rosfinnadzor only as a response to the request of the latter. In case of independent detection of violations of currency legislation, authorized banks transfer this information to the Bank of Russia, which then sends it to Rosfinnadzor.
Particular attention deserves the information interaction of authorized banks and customs authorities in the framework of foreign exchange control of foreign trade transactions. According to part 6 of Art. 20 of Law No. 173-FZ, authorized banks transfer completed transaction passports in electronic form to foreign exchange control authorities and agents in the manner established by the Central Bank of the Russian Federation. The term for the transfer of the issued transaction passport cannot exceed three working days from the date of registration of the transaction passport in an authorized bank.
In accordance with Bank of Russia Regulation No. 364-P dated December 29, 2010, authorized banks, as well as territorial offices of the Bank of Russia, which, in accordance with Bank of Russia Instruction No. 138-I, perform the functions of an authorized bank, including the functions of a transaction passport bank, transfer to in electronic form to the customs authorities through the Federal Customs Service passport transactions.
In turn, in accordance with the Regulations on the transfer by customs authorities to the Central Bank of the Russian Federation and authorized banks in electronic form of information on declarations for goods registered by customs authorities, information on declarations for goods in electronic form, customs authorities represented by the Federal Customs Service transfer to the Bank of Russia and authorized banks.
The Federal Customs Service of Russia ensures that information on declarations for goods is transmitted to the Bank of Russia in electronic form no later than three working days from the day following the date of release (conditional release) of goods by the customs authorities.
The Central Bank of the Russian Federation ensures that the received consolidated archive files of the Federal Customs Service are sent to territorial institutions for subsequent delivery to authorized banks no later than the business day following the day they are received from the Federal Customs Service of Russia, using the communication channels used in the Central Bank of the Russian Federation.
As part of the policy of simplifying currency control procedures aimed at improving the investment climate in Russia, the Federal Customs Service of Russia draws the attention of participants in foreign economic activity that when submitting a declaration for goods in electronic form, it is not required to present a transaction passport, while its number should be indicated in the declaration. Therefore, the requirement to submit a transaction passport to the customs authority remains only when submitting a declaration for goods and documents on paper.
Thus, we are seeing further detailing of the legal regulation of information interaction between the subjects of currency control (primarily customs and banking) with the transition from a predominantly paper to an electronic format of such interaction. These processes, of course, have a positive impact not only on national system currency regulation and currency control, but are also an important prerequisite for integration in the financial and customs spheres in the Eurasian space.
Legislation on currency regulation. the federal law"On currency regulation and currency control". Basic principles of currency regulation
The currency legislation of the Russian Federation consists of Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control" and federal laws adopted in accordance with it. Currency regulation bodies have the right to issue normative legal acts on issues of currency regulation only in cases stipulated by the Federal Law "On currency regulation and currency control".
International treaties of the Russian Federation apply directly to currency relations, except in cases where it follows from an international treaty of the Russian Federation that its application requires the issuance of an internal act of the currency legislation of the Russian Federation.
The federal law "On currency regulation and currency control" establishes the legal framework and principles of currency regulation and currency control in the Russian Federation, the powers of currency regulation bodies, and also defines the rights and obligations of residents and non-residents in relation to the possession, use and disposal of currency values, the rights and obligations of non-residents in relation to the possession, use and disposal of the currency of the Russian Federation and domestic securities, the rights and obligations of currency control bodies and currency control agents (hereinafter referred to as currency control bodies and agents).
The operation of the Federal Law is limited to the territory of the Russian Federation, which is understood as the state territory (land, water, subsoil and airspace) of the Russian Federation, located within the state border of the Russian Federation.
The principles of currency regulation are:
1) priority economic measures in implementation public policy in the field of currency regulation;
2) exclusion of unjustified interference by the state and its bodies in the currency transactions of residents and non-residents;
3) the unity of the foreign and domestic monetary policy of the Russian Federation;
4) the unity of the system of currency regulation and currency control;
5) provision by the state of protection of the rights and economic interests residents and non-residents in the course of foreign exchange transactions.
Currency system. currency relations. Basic concepts of currency regulation. Currency market. Currency. currency values
The monetary system is a form of organization and regulation of foreign exchange relations, enshrined in national legislation or interstate agreements.
The national monetary system is inextricably linked with the world monetary system - a form of organization of international monetary relations, fixed by interstate agreements. The national monetary system is based on the national currency. Under the national currency understand the monetary unit of the country. The national currency exists in cash (banknotes, coins) and non-cash (balances on bank accounts). Issuers of the national currency are national central and commercial banks.
The main elements of the national monetary system are the following:
· National currency;
· national regulation of international currency liquidity;
the regime of the exchange rate of the national currency;
· national regulation of currency restrictions and conditions of convertibility of the national currency;
· mode national markets currency and gold;
· the national bodies exercising currency regulation.
Currency relations are one of the varieties monetary relations, which arises during the functioning of money in international circulation. Besides, currency relations include day-to-day communications between individuals, firms, banks in foreign exchange and money markets for the purpose of international settlements, credit and currency transactions.
The foreign exchange market is a market in which the national currency of one country can be exchanged for national currencies other countries. Currency markets, from a functional point of view, provide:
1) timely implementation of international payments;
2) insurance of currency and credit risks;
3) interconnection of world currency, credit and financial markets;
4) diversification of foreign exchange reserves of banks, enterprises, the state;
5) regulation of exchange rates;
6) receipt of profit by market participants in the form of a difference in exchange rates;
7) conducting a monetary policy aimed at state regulation economy.
Money serving international relations is called currency.
Currency - cash ( banknotes in the form of banknotes and coins of the Bank of Russia) that are in circulation as a legal means of cash payment on the territory of the Russian Federation, as well as withdrawn or withdrawn from circulation, but subject to exchange. Money withdrawn from circulation and not subject to exchange cannot be qualified as the currency of the Russian Federation. In accordance with Art. 140 of the Civil Code of the Russian Federation, the legal tender, obligatory for acceptance at face value throughout the territory of the Russian Federation, is the ruble, therefore the denomination of cash, which refers to the currency of the Russian Federation, must be expressed in rubles or its constituent parts (kopecks). The ruble is official monetary unit(currency) of the Russian Federation and consists of 100 kopecks.
Banknotes and coins of the Bank of Russia, in accordance with Art. 30 of the Federal Law on the Central Bank of the Russian Federation, are unconditional obligations of the Bank of Russia and are secured by all its assets. Banknotes and coins of the Bank of Russia are required to be accepted at face value when making all types of payments, for crediting to accounts, deposits and for transfers throughout the Russian Federation.
The law "On currency regulation and currency control" refers to the currency of the Russian Federation its cash and non-cash form. The law also refers to the currency of the Russian Federation funds on bank accounts and deposits in the currency of the Russian Federation.
The definition of the concept of cash foreign currency is similar to the definition of the concept of the currency of the Russian Federation.
Participants in relations regulated by currency legislation
currency control regulation
Law "On currency regulation and currency control" in art. 1 identifies residents and non-residents, authorized banks, and currency exchanges as participants in relations regulated by currency legislation.
Residents are divided into two groups - persons (individuals and legal entities) and public legal entities (the Russian Federation, constituent entities of the Russian Federation and municipalities). Separate subdivisions of resident legal entities (branches, representative offices, etc.) and official representative offices of the Russian Federation located outside the territory of the Russian Federation are not legal entities and are also classified as residents. A citizen of the Russian Federation is assumed to be a resident until proven otherwise. In accordance with the fact that the list of residents in sub. 6 p. 1 art. 1 of the Federal Law "On currency regulation and currency control" is closed, a person who is not included in the list of types of residents specified in subpara. 6 p. 1 art. 1 of the Law "On currency regulation and currency control", is recognized as a non-resident.
According to paragraph 7 of part 1 of Art. 1 of the Federal Law “On currency regulation and currency control”, seven categories of persons are classified as non-residents:
1) individuals who are not residents;
2) legal entities created in accordance with the law foreign countries and located outside the territory of the Russian Federation;
3) organizations that are not legal entities, created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
4) diplomatic missions accredited in the Russian Federation, consular offices of foreign states and permanent representations of these states at interstate or intergovernmental organizations;
5) interstate and intergovernmental organizations, their branches and permanent representations in the Russian Federation;
6) branches, permanent representative offices and other separate or independent entities located on the territory of the Russian Federation; structural units non-residents specified in subparagraphs "b" and "c" of this paragraph;
7) other persons.
Authorized banks are credit institutions established in accordance with the legislation of the Russian Federation and entitled, on the basis of licenses from the Central Bank of the Russian Federation, to carry out Bank operations with funds in foreign currency, as well as branches operating on the territory of the Russian Federation in accordance with licenses of the Central Bank of the Russian Federation credit institutions established in accordance with the legislation of foreign states, having the right to carry out banking operations with funds in foreign currency.
Currency exchanges are legal entities established in accordance with the legislation of the Russian Federation, one of the activities of which is the organization exchange trading foreign currency in the manner and on the terms established by the Central Bank of Russia.
The functions of the Bank of Russia include establishing the procedure and conditions for currency exchanges to carry out activities to organize transactions for the purchase and sale of foreign currency, to issue, suspend and revoke permits for currency exchanges to organize transactions for the purchase and sale of foreign currency.
Currency control and its purpose. Currency control authorities and their agents. Responsibility for violations of currency legislation
Under currency control, the legislator understands the activities of the state aimed at ensuring currency legislation in the implementation of foreign exchange transactions.
The main objectives of currency control are:
· Determining the compliance of ongoing foreign exchange transactions with the current legislation and the availability of the necessary licenses and permits for them;
· verification of fulfillment by residents of obligations in foreign currency to the state, as well as obligations to sell foreign currency in the domestic foreign exchange market of the Russian Federation;
Checking the validity of payments in foreign currency;
· checking the completeness and objectivity of accounting and reporting on foreign exchange transactions, as well as on transactions of non-residents in rubles.
Currency control is carried out by currency control bodies and their agents. Currency control bodies are the Central Bank of the Russian Federation and the Government of the Russian Federation. Currency control agents are authorized banks reporting to the Central Bank of the Russian Federation, the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)", and also not being authorized banks professional participants in the securities market, including holders of the register (registrar), accountable to the federal executive body for the securities market, customs authorities and tax authorities.
Currency control agents - authorized banks reporting to the Central Bank of the Russian Federation, as well as professional participants in the securities market that are not authorized banks, including register holders (registrars) reporting to the federal executive body for the securities market, customs authorities and territorial bodies of federal executive bodies authorities that are currency control bodies.
Bodies and agents of currency control and their officials, within their competence, have the right to:
1) carry out inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
2) to check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents;
3) request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintenance of accounts. Mandatory term for the submission of documents at the request of bodies and agents of currency control may not be less than seven working days from the date of submission of the request.
Participants in currency circulation are obliged to:
· submit to the above organizations all the documents and information requested by them regarding the foreign exchange transactions carried out and carried out by them;
· for five years to keep all the documentation relating to each foreign exchange transaction;
· Eliminate revealed violations of currency regulation immediately upon receipt of the relevant instruction of the currency controller.
In accordance with Art. 25 of the Federal Law "On currency regulation and currency control", residents and non-residents who violate the provisions of the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies are liable in accordance with the legislation of the Russian Federation.
The civil liability of residents and non-residents consists in the invalidity of transactions made in violation of the provisions of the acts of the currency legislation of the Russian Federation and acts of the currency regulation authorities (Article 168 of the Civil Code of the Russian Federation), and the application of the consequences of the invalidity of such transactions. This can be bilateral restitution (Article 167 of the Civil Code of the Russian Federation) or unilateral restitution or non-admission of restitution (Article 169 of the Civil Code of the Russian Federation). The application as a consequence of the invalidity of the transaction foreclosure received under the transaction in the state revenue (Article 169 of the Civil Code of the Russian Federation) is possible only if the transaction was made by one or both parties for the purpose, obviously contrary to the fundamentals of law and order.
Administrative liability for violation of currency legislation is provided for in Art. 15.25 “Violation of the currency legislation of the Russian Federation and acts of currency regulation bodies” and Art. 16.4 "Non-declaring or false declaration by individuals of foreign currency or the currency of the Russian Federation" of the Code of the Russian Federation on administrative offenses and etc.
Criminal liability for committing illegal actions with currency values occurs for:
· smuggling of currency valuables, i.е. their movement in a large amount across the customs border of the Russian Federation, committed in addition to or with concealment from customs control, or with the fraudulent use of documents or means of customs identification, or associated with non-declaration or false declaration, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or size wages or other income of the convicted person for a period of one to two years or imprisonment for up to five years (Article 188 of the Criminal Code of the Russian Federation);
non-return on a large scale from abroad by the head of the organization of funds in foreign currency subject, in accordance with the legislation of the Russian Federation, to mandatory transfer to accounts in an authorized bank of the Russian Federation, while the non-return is recognized as committed on a large scale if the amount of unreturned funds in foreign currency exceeds five million rubles, is punishable by imprisonment for up to three years (Article 193 of the Criminal Code of the Russian Federation).
List of sources used
Normative legal acts
2. Federal Law of December 10, 2003 No. 173-FZ “On currency regulation and currency control”;
3. Federal Law of March 26, 1998 No. 41-FZ "On Precious Metals and Precious Stones";
4. Federal Law No. 177-FZ of December 23, 2003 "On insurance of deposits of individuals in banks of the Russian Federation";
5. Law of the Russian Federation of November 27, 1992 N 4015-I "On the organization of insurance business in the Russian Federation";
6. Federal Law No. 161-FZ of November 14, 2002 "On State and Municipal Unitary Enterprises".
Educational-methodical and scientific materials
1. Gorbunova O.N. Financial Law / Textbook - M .: Yurist, 2006 - 587s.;
2. Krokhina Yu.A. Financial Law of Russia / Textbook - M.: Norma, 2008 - 720 p.;
3. P.V. Pavlov Financial Law / Study Guide - M .: Omega-L, 2008 - 329 p.
