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The document ceased to be valid since December 25, 2023 according to Item 6.2 of the Provision of the Central bank of the Russian Federation of November 7, 2023 No. 831-P

It is registered

Ministry of Justice

Russian Federation 

On January 18, 2023 No. 72034

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 3, 2022 No. 807-P

About procedure for conducting checks of reliability and completeness of data on the income, about the property and obligations of property nature represented to the Bank of Russia by bank clerks of Russia and financial representatives in spheres of financial services, observance of the restrictions, prohibitions and requirements established for the purpose of anti-corruption and procedure of control of expenses

Based on article 90.1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <1>, part Items 1.1 and 2.1 1, parts 7 and 7.3 of Article 8, parts 2 of article 8.1 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" <2>, article 5 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income"> and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of September 16, 2022 No. PSD-57) this Provision establish procedure for conducting checks of reliability and completeness of data on the income, about the property and obligations of property nature provided to the Bank of Russia by bank clerks of Russia and financial representatives in spheres of financial services, observance of restrictions, prohibitions and requirements established for the purpose of anti-corruption, and procedure of control of compliance of expenses of persons holding the positions included in the list approved by the Board of directors of the Bank of Russia according to Item 1.1 of part 1 of article 8 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption", expenses of their spouses (spouses) and minor children to the income of persons and their spouses (spouses) and also control of compliance of expenses of financial representatives in spheres of financial services, their spouses (spouses) and minor children to the income of financial representatives in spheres of financial services and their spouses (spouses).

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<1> Russian Federation Code, 2002, No. 28, Art. 2790; 2012, No. 50, Art. 6954.

<2> Russian Federation Code, 2008, No. 52, Art. 6228; 2012, No. 50, Art. 6954; 2017, No. 15, Art. 2139; 2018, No. 24, Art. 3400; 2022, No. 1, Art. 40.

<3> Russian Federation Code, 2012, No. 50, Art. 6953; 2022, No. 1, Art. 40.

Chapter 1. General provisions

1.1. This Provision determines procedure:

checks of reliability and completeness of the data on the income, on property and obligations of property nature provided to the Bank of Russia;

checks of observance by bank clerks of Russia and financial representatives in spheres of financial services (further - financial representatives) within three years preceding receipt of information which was the basis for implementation of check of observance of the restrictions, prohibitions and requirements established for the purpose of anti-corruption (further - requirements to office behavior);

control of compliance of expenses of the bank clerks of Russia holding the positions included in the list approved by the Board of directors of the Bank of Russia according to Item 1.1 of part one of article 8 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" (further - the List), expenses of their spouses (spouses) and minor children to the income of bank clerks of Russia and their spouse (spouses), and also control of compliance of expenses of financial representatives, their spouses (spouses) and minor children to the income of financial representatives and their spouses (spouses) (further - control of expenses).

1.2. The data provided are subject to the check provided by the paragraph the second Item 1.1 of this provision:

the bank clerks of Russia holding the positions included in the List (except for persons specified in Item 1.4 of this provision), for the calendar year preceding year of submission of data (further - the accounting period), and in two years preceding the accounting period;

persons applying for the positions included in the List and also the bank clerks of Russia holding the positions which are not included in the List, and applying for the positions included in the List (further - persons applying for the positions included in the List) (except for persons specified in Item 1.4 of this provision);

financial representatives for the accounting period and in two years preceding the accounting period;

persons applying for position of the financial representative.

1.3. The check provided by the paragraph third Item 1.1 of this provision, and control of expenses are performed concerning the bank clerks of Russia holding the positions included in the List (except for persons specified in Item 1.4 of this provision), and financial representatives.

1.4. Actions, stipulated in Item 1.1 this provision, taking into account provisions of the Presidential decree of the Russian Federation of April 2, 2013 No. 309 "About measures for realization of separate provisions of the Federal Law "About Anti-corruption" <1> and the Presidential decree of the Russian Federation of April 2, 2013 No. 310 "About measures for realization of separate provisions of the Federal Law "About Control of Compliance of Expenses of Persons Replacing the State Positions, and Other Persons to Their Income" <1>, are not performed concerning citizens and bank clerks of Russia applying for positions of the first deputy (deputy) Chairman of the Bank of Russia, the secretary of state - the vice-chairman of the Bank of Russia, and also concerning the bank clerks of Russia holding the specified positions.

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<1> Russian Federation Code, 2013, No. 14, Art. 1670; 2022, No. 18, Art. 3053.

<1> Russian Federation Code, 2013, No. 14, Art. 1671; 2021, No. 21, Art. 3555.

1.5. Actions, stipulated in Item 1.1 this provision, are performed by Department of personnel policy of the Bank of Russia (further - Department) according to the decision of the Chairman of the Bank of Russia or the official of the Bank of Russia authorized by it.

Decisions on implementation of actions, stipulated in Item 1.1 this provision, are accepted separately concerning each of persons determined by Items 1.2 and 1.3 of this provision and are drawn up in writing in any form.

1.6. The data received during implementation of actions the stipulated in Item 1.1 this provision provided according to this Provision belong to information of limited access. If such data are carried by the Federal Law to the data which are the state secret they are subject to protection in accordance with the legislation of the Russian Federation about the state secret.

Chapter 2. Procedure for conducting checks of reliability and completeness of data on the income, about property and obligations of property nature and observance of the restrictions, prohibitions and requirements established for the purpose of anti-corruption

2.1. The basis for decision making about conducting the checks provided by paragraphs second and third Item 1.1 of this provision (further - checks), is information provided to the Chairman of the Bank of Russia or authorized by it official persons of the Bank of Russia in writing:

board members of the Bank of Russia, first deputies (deputies) Chairman of the Bank of Russia, chief auditor of the Bank of Russia;

member of council of Service of the financial representative, chief financial representative;

Department;

law enforcement agencies, other state bodies, local government bodies and their officials;

permanent governing bodies of the political parties and other all-Russian public associations registered according to the law which are not political parties;

Public chamber of the Russian Federation;

all-Russian mass media.

Information of anonymous nature cannot form the basis for decision making about conducting checks.

2.2. Are performed in time, not exceeding sixty days from the date of decision making about their carrying out. The term of conducting checks can be extended up to ninety days by person who made the decision on their carrying out.

2.3. The department performs:

independently;

by sending an inquiry in the federal executive bodies authorized on implementation of operational search activities according to part 3 of article 7 of the Federal Law of August 12, 1995 No. 144-FZ "About operational search activities" <1> (further - the Federal Law of August 12, 1995 No. 144-FZ).

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<1> Russian Federation Code, 1995, No. 33, Art. 3349; 2011, No. 48, Art. 6730; 2022, No. 1, Art. 40.

2.4. When conducting checks according to the paragraph the second Item 2.3 of this provision the Department has the right:

have talk with persons specified in Item 1.2 of this provision;

study the provided persons specified in Item 1.2 of this provision, data on the income, on property and obligations of property nature and additional materials;

receive from persons specified in Item 1.2 of this provision, the explanation according to the data on the income, on property and obligations of property nature and additional materials provided by them;

prepare request (except the request specified in paragraph three of Item 2.3 of this provision) in bodies of prosecutor's office of the Russian Federation, other federal state bodies, state bodies of subjects of the Russian Federation, territorial authorities of federal state bodies, local government bodies, on the companies, in organizations, the organizations and public associations (further - state bodies and the organizations), including with use of the state information system in the field of anti-corruption of Poseidon (further - the Poseidon system), about the data which are available for them: about the income, about property and obligations of property nature of persons specified in Item 1.2 of this provision, their spouses and minor children and also about observance by the bank clerk of Russia holding the position included in the List, financial representatives of requirements to office behavior;

inquire at physical persons and obtain from them information from their consent;

perform (including with use of the Poseidon system) the analysis of the data provided by person specified in Item 1.2 of this provision, in accordance with the legislation of the Russian Federation about anti-corruption.

2.5. In the request provided by the paragraph the fifth Item 2.4 of this provision are specified:

surname, name, middle name (the last - in the presence) the head of state body or the organization to which the inquiry is sent;

regulatory legal act of the Russian Federation and the regulation of the Bank of Russia based on which the inquiry is sent;

surname, name, middle name (the last - in the presence), birth date and birth place, place of registration, residence and (or) stay, position and place of employment (services), type and details of the identity document of person specified in Item 1.2 of this provision, his spouse (spouse) and minor children, data on the income about which property and obligations of property nature are checked, or the bank clerk of Russia holding the position included in the List or the financial representative concerning whom there are data on non-compliance by it with requirements to office behavior;

content and amount of the data which are subject to check;

term of submission of required data;

surname, initials and phone number of the employee of the Department which prepared request;

identification taxpayer number (if is available) (in case of sending an inquiry in tax authorities of the Russian Federation);

other necessary data.

2.6. In the request provided by the paragraph third Item 2.3 of this provision (directed including with use of the Poseidon system), in addition to the data listed in Item 2.5 of this provision the data which formed the basis for check are specified, state bodies and the organizations to which went inquiries, and questions which contained in them (are sent), the reference to part 3 of article 7 of the Federal Law of August 12, 1995 is given No. 144-FZ.

The requests provided by the paragraph third Item 2.3 of this provision and also the paragraph the fifth Item 2.4 of this provision (except for requests in the credit institutions, tax authorities of the Russian Federation and bodies performing state registration of the rights to real estate and transactions with it and inquiries sent use of the Poseidon system), go signed by the Chairman of the Bank of Russia or the official of the Bank of Russia authorized by it.

The requests provided by the paragraph the fifth Item 2.4 of this provision on the available information on the income, on property and obligations of property nature of person specified in Item 1.2 of this provision of his spouse (spouse) and minor children go (including with use of the Poseidon system):

in credit institutions - signed by the Chairman of the Bank of Russia;

in the tax authorities and bodies performing state registration of the rights to real estate and transactions with it, and operators of information systems in which release of digital financial assets is performed - signed by the Chairman of the Bank of Russia or the official of the Bank of Russia authorized by it from among first deputies (deputies) the Chairman of the Bank of Russia.

2.7. Projects of the requests provided by the paragraph third Item 2.3 and the paragraph the fifth Item 2.4 of this provision do not require approval of structural divisions of central office of the Bank of Russia, Service of the financial representative, the chief financial representative.

2.8. Department director:

notifies in writing person specified in Item 1.2 of this provision about the beginning of check concerning it within two working days from the date of receipt of the decision of the Chairman of the Bank of Russia or the official authorized by it about conducting checks, stipulated in Item 1.1 this provision. The notification is constituted in any form and shall contain explanation to person specified in Item 1.2 of this provision about the right to address to Department with the petition for holding conversation with it during which he will be informed on what data provided to them according to this Provision, and what observance of requirements to office behavior are subject to check;

provides carrying out with person specified in Item 1.2 of this provision, in case of its address of the conversation specified in the paragraph the second this Item, - within seven working days from the date of the address of this person, and in the presence of reasonable excuse - in time, approved with this person.

2.9. The bank clerk of Russia holding the position included in the List and also the bank clerk of Russia holding the position which is not included in the List, and applying for the position included in the List for conducting check according to the solution of the face which made the decision on conducting check can be discharged of post for the term which is not exceeding sixty days from the date of decision making about conducting check.

The term specified in this Item can be extended up to ninety days by person who made the decision on conducting check.

Discharge of the bank clerk of Russia from post for conducting check and the subsequent admission to work is performed by the order of the Bank of Russia on staff person within whose competence appointment and dismissal of the bank clerk of Russia is.

For discharge of the bank clerk of Russia holding the position included in the List from post the salary on post behind it remains.

2.10. The department shall notify in writing person specified in Item 1.2 of this provision about results of check no later than three working days after day of its termination. The notification sent to the person specified in Item 1.2 of this provision shall contain explanation that he has the right to get acquainted with check materials, having addressed to Department with the corresponding petition.

2.11. The bank clerk of Russia has the right to perform the following actions.

2.11.1. Give explanations in writing:

during check;

on the questions specified in paragraph three of Item 2.8 of this provision;

by results of check.

2.11.2. Represent additional materials and give on them explanations in writing.

2.11.3. Address to Department with the petition for holding conversation with it which is subject to satisfaction on the questions specified in paragraph three of Item 2.8 of this provision.

2.12. The explanations specified in subitems 2.11.1 - 2.11.3 Items 2.11 of this provision, join check materials.

Chapter 3. Procedure of control of compliance of expenses of the bank clerks of Russia holding the positions included in the list approved by the Board of directors of the Bank of Russia according to Item 1.1 of part one of article 8 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption", expenses of their spouses (spouses) and minor children to the income of bank clerks of Russia and their spouse (spouses) and also control of compliance of expenses of financial representatives, their spouses (spouses) and minor children to the income of financial representatives and their spouses (spouses)

3.1. The basis for decision making about control of expenses is information that the bank clerk of Russia holding the position included in the List, the financial representative, by his spouse (spouse) and (or) minor children during the accounting period makes transactions (the transaction) on acquisition of the parcel of land, other real estate object, the vehicle, securities (shares, shares in the authorized (share) capital of the organizations is made), digital financial assets, digital currency for the total amount exceeding total income according to this bank clerk of Russia, the financial representative and the spouse (spouse) of the corresponding person in three last years preceding the accounting period provided to the Chairman of the Bank of Russia or the official of the Bank of Russia authorized by it in writing:

board members of the Bank of Russia, first deputies (deputies) Chairman of the Bank of Russia, chief auditor of the Bank of Russia;

members of council of Service of the financial representative, chief financial representative;

Department;

law enforcement agencies, other state bodies, local government bodies;

permanent governing bodies of the political parties and other all-Russian public associations registered according to the law which are not political parties;

Public chamber of the Russian Federation;

all-Russian mass media.

Information of anonymous nature cannot form the basis for decision making about control of expenses.

3.2. The chairman of the Bank of Russia or notifies the official of the Bank of Russia authorized by it about the made decision of persons, the specified in paragraphs five - the eighth Item 3.1 of this provision, provided information.

3.3. Control of expenses includes:

3.3.1. Reclamation from the bank clerk of Russia holding the position included in the List, the financial representative of data:

about its expenses, and also about expenses of his spouse (spouse) and minor children according to each transaction on acquisition of the parcel of land, other real estate object, the vehicle, securities (shares, shares in the authorized (share) capital of the organizations), digital financial assets, the digital currency made by it, his spouse (spouse) and (or) minor children during the accounting period if the total amount of such transactions exceeds total income according to this bank clerk of Russia, the financial representative and the spouse (spouse) of the corresponding person in three last years preceding the accounting period;

about sources of receipt of means at the expense of which the transaction specified in the paragraph the second this subitem is made;

3.3.2. Check of reliability and completeness by annually represented bank clerk of Russia holding the position included in the List, the financial representative of data on its expenses and also about expenses of his spouse (spouse) and minor children according to each transaction on acquisition of the parcel of land, other real estate object, the vehicle, securities (shares, shares in the authorized (share) capital of the organizations), digital financial assets, the digital currency made by it, his spouse (spouse) and (or) minor children during the accounting period if the total amount of such transactions exceeds total income according to this bank clerk of Russia, the financial representative and the spouse (spouse) of the corresponding person in three last years preceding the accounting period and also about sources of receipt of means at the expense of which these transactions, and the data specified in subitem 3.3.1 of this Item are made;

3.3.3. Determination of compliance of expenses of the bank clerk of Russia holding the position included in the List, the financial representative and also expenses of the spouse (spouse) and minor children of the corresponding person according to each transaction on acquisition of the parcel of land, other real estate object, vehicles, securities (shares, shares in the authorized (share) capital of the organizations), digital financial assets, digital currency to their total income.

3.4. The department not later than in two working days from the date of receipt of the decision on control of expenses of the bank clerk of Russia holding the position included in the List, the financial representative and also behind expenses of the spouse (spouse) and minor children of the corresponding person shall notify the bank clerk of Russia, the financial representative in writing on the made decision and on need to provide the data provided by subitem 3.3.1 of Item 3.3 of this provision.

The notification is constituted in any form and shall contain information on procedure for representation and check of reliability and completeness of these data.

3.5. The data provided by subitem 3.3.1 of Item 3.3 of this provision are represented to Department addressed to the department director or person fulfilling its duties in paper envelope marked "Personally".

3.6. The check provided by subitem 3.3.2 of Item 3.3 of this provision is performed according to the procedure, determined by Items 2.2 - 2.7 this provision.

3.7. The bank clerk of Russia holding the position included in the List the financial representative in connection with control of its expenses, and also of expenses of his spouse (spouse) and minor children shall provide the data provided by subitem 3.3.1 of Item 3.3 of this provision.

Failure to carry out by the bank clerk of Russia holding the position included in the List by the financial representative of the obligation established by paragraph one of this Item is the offense attracting dismissal of the bank clerk of Russia holding the position included in the List from the Bank of Russia, dismissal of the financial representative.

3.8. The bank clerk of Russia holding the position included in the List the financial representative in connection with control of its expenses, and also of expenses of his spouse (spouse) and minor children has the right:

3.8.1. Address to Department with the petition for holding conversation with it which is subject to satisfaction on the questions connected with control of its expenses, and also of expenses of his spouse (spouse) and minor children;

3.8.2. Give explanations in writing:

in connection with reclamation of the data provided by subitem 3.3.1 of Item 3.3 of this provision;

during the check provided by subitem 3.3.2 of Item 3.3 of this provision and by its results;

about sources of receipt of means at the expense of which it, by his spouse (spouse) and (or) minor children makes the transaction specified in the paragraph the second subitem 3.3.1 of Item 3.3 of this provision;

3.8.3. Represent additional materials and give on them explanations in writing.

3.9. The bank clerk of Russia holding the position included in the List for control of its expenses, and also of expenses of his spouse (spouse) and minor children according to the solution of the face which made the decision on control of expenses can be discharged of post for the term which is not exceeding sixty days from the date of decision making about implementation of such control.

The term specified in this Item can be extended up to ninety days by person who made the decision on control of expenses.

Discharge of the bank clerk of Russia from post for control of expenses and the subsequent admission to work are performed according to the order of the Bank of Russia on staff person within whose competence appointment and dismissal of the bank clerk of Russia is.

For discharge of the bank clerk of Russia holding the position included in the List from post the salary on post behind it remains.

3.10. The department in case of control of expenses of the bank clerk of Russia holding the position included in the List, the financial representative and also behind expenses of his spouse (spouse) and minor children shall:

request the data provided by subitem 3.3.1 of Item 3.3 of this provision;

have talk in case of receipt of the petition provided by subitem 3.8.1 of Item 3.8 of this provision, within seven working days from the date of receipt of the specified petition, and in the presence of reasonable excuse - in time, approved with the bank clerk of Russia holding the position included in the List, the financial representative.

3.11. The department in case of control of expenses of the bank clerk of Russia holding the position included in the List, the financial representative and also behind expenses of his spouse (spouse) and minor children has the right:

have talk with this bank clerk of Russia, the financial representative for the initiative;

study the additional materials which arrived from this bank clerk of Russia, the financial representative;

receive from this bank clerk of Russia, the financial authorized explanation according to the data and materials provided to them;

send inquiries to state bodies and the organizations (except for the credit institutions, tax authorities and bodies performing state registration of the rights to real estate and transactions with it) for information on the income, expenses, on property and obligations of property nature of this bank clerk of Russia, the financial representative, spouse (spouse) and minor children of the corresponding person, and also on sources of receipt of the spent means which is available for them;

inquire at physical persons and obtain from them from their consent information.

Requests about the available information on the income, expenses, on property and obligations of property nature of the bank clerk of Russia holding the position included in the List, the financial representative, the spouse (spouse) and minor children of the corresponding person and also on sources of receipt of the spent means go:

in credit institutions - signed by the Chairman of the Bank of Russia;

in the tax authorities and bodies performing state registration of the rights to real estate and transactions with it - signed by the Chairman of the Bank of Russia or the official of the Bank of Russia authorized by it from among first deputies (deputies) the Chairman of the Bank of Russia.

Projects of the requests provided by paragraphs the fifth, seventh - the ninth this Item, do not require approval of structural divisions of central office of the Bank of Russia, Service of the financial representative, the chief financial representative.

3.12. Upon termination of control of expenses, no later than three working days, the Department shall notify the bank clerk of Russia holding the position included in the List, the financial representative about the results received during control of expenses. The notification sent to this bank clerk of Russia, to the financial representative shall contain explanation that he has the right to get acquainted with materials of control of expenses, having addressed to Department with the corresponding petition.

Chapter 4. Realization of results of conducting checks of reliability and completeness of data on the income, about property and obligations of property nature and observance of the restrictions, prohibitions and requirements established for the purpose of anti-corruption

4.1. The department director represents to person who made the decision on conducting the check provided by Chapter of 2 this provision, the report on results of conducting check.

4.2. The report on results of conducting check shall contain one of the following offers:

about appointment of person to the position in the Bank of Russia included in the List or to position of the financial representative;

about refusal to person in position assignment in the Bank of Russia, included in the List, or to position of the financial representative;

about lack of the bases for application to the bank clerk of Russia holding the position included in the List or to the financial representative of measures of legal responsibility;

about application to the bank clerk of Russia holding the position included in the List or to the financial representative of measures of legal responsibility <1>;

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<1> The subitem "g" of Item 28 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065 (The Russian Federation Code, 2009, No. 39, Art. 4588; 2012, No. 12, Art. 1391).

about representation of materials of check in the relevant commission on observance of requirements to office behavior and settlement of conflicting interests or in Council of Service of the financial representative or to the chief financial representative.

4.3. The official of the Bank of Russia, authorized accepts to designate or the designated person applying for the position in the Bank of Russia included in the List, or the bank clerk of Russia applying for the position included in the List by results of conducting check one of the following decisions:

designate person or the bank clerk of Russia to the position in the Bank of Russia included in the List;

refuse to person or the bank clerk of Russia position assignment in the Bank of Russia, included in the List;

apply to the bank clerk of Russia holding the position included in the List, measures of legal responsibility <1>;

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<1> The subitem "v" of Item 31 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065 (The Russian Federation Code, 2009, No. 39, Art. 4588; 2012, No. 12, Art. 1391).

about lack of the bases for application to the bank clerk of Russia holding the position included in the List, measures of legal responsibility;

provide check materials to the relevant commission on observance of requirements to office behavior and settlement of conflicting interests.

4.4. The board of directors of the Bank of Russia concerning person applying for position of the financial representative or concerning the financial representative accepts one of the following decisions by results of check:

designate person applying for position of the financial representative, to position of the financial representative;

refuse to person applying for position of the financial representative position assignment of the financial representative;

apply to the financial representative of measure of legal responsibility <1>;

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<1> The subitem "v" of Item 31 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065.

about lack of the bases for application to the financial representative of measures of legal responsibility.

4.5. The department, from written consent of person who made the decision on conducting check sends information on results of conducting check to officials, to the bodies and the organizations specified in paragraphs five - the eighth Item 2.1 of this provision which provided information which was the basis for conducting check.

The department directs information specified in paragraph one of this Item with compliance with law of the Russian Federation about the state secret and about personal data protection.

The department along with the direction of information according to paragraph one of this Item notifies about it the corresponding person, the bank clerk of Russia, the financial representative concerning whom it was performed.

4.6. If during conducting check essential elements of offense are revealed, administrative or other offense, the materials received as a result of conducting check within three working days after day of completion of check go person who made the decision on conducting check to state bodies according to their competence.

Chapter 5. Realization of results of control of compliance of expenses of the bank clerks of Russia holding the positions included in the list approved by the Board of directors of the Bank of Russia according to Item 1.1 of part one of article 8 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption", expenses of their spouses (spouses) and minor children to the income of bank clerks of Russia and their spouse (spouses) and also control of compliance of expenses of financial representatives, their spouses (spouses) and minor children to the income of financial representatives and their spouses (spouses)

5.1. The department director represents to person who made the decision on control of expenses, provided by Chapter of 3 this provision, the report on results of control of expenses.

5.2. The report on results of control of expenses shall contain one of the following offers:

about lack of the bases for application to the bank clerk of Russia holding the position included in the List, to the financial representative of measures of legal responsibility;

about application to the bank clerk of Russia holding the position included in the List or to the financial representative of measures of legal responsibility <1>;

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<1> Item 2 of part 3 of article 13 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" (The Russian Federation Code, 2012, No. 50, the Art. 6953).

about representation of materials of control of expenses in the relevant commission on observance of requirements to office behavior and settlement of conflicting interests or in Council of Service of the financial representative or to the chief financial representative.

5.3. Person who made the decision on control of expenses:

informs on results of control of expenses of the Chairman of the Bank of Russia (in case the decision on control of expenses was made by the official of the Bank of Russia authorized by the Chairman of the Bank of Russia);

makes in case of need offers on application to the bank clerk of Russia holding the position included in the List, to the financial representative of measures of legal responsibility and (or) about the direction of the materials received as a result of control of expenses in bodies of prosecutor's office and (or) other state bodies according to their competence.

5.4. The official of the Bank of Russia who appointed the bank clerk of Russia to the position in the Bank of Russia included in the List accepts one of the following decisions by results of control of expenses:

apply to the bank clerk of Russia holding the position included in the List, measures of legal responsibility <1>;

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<1> Part 4 of article 13 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" (The Russian Federation Code, 2012, No. 50, the Art. 6953).

about lack of the bases for application to the bank clerk of Russia holding the position included in the List, measures of legal responsibility;

provide materials of control of expenses to the relevant commission on observance of requirements to office behavior and settlement of conflicting interests.

5.5. The board of directors of the Bank of Russia concerning the financial representative accepts one of the following decisions by results of control of expenses:

apply to the financial representative of measure of legal responsibility <1>;

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<1> Part 4 of article 13 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income".

about lack of the bases for application to the financial representative of measures of legal responsibility.

5.6. Person who made the decision on control of expenses can suggest the relevant commission on observance of requirements to office behavior and settlement of conflicting interests to consider the results received during control of expenses at its meeting.

5.7. The department, from written consent of person who made the decision on control of expenses sends information on results of control of expenses to officials, to the bodies and the organizations specified in paragraphs five - the eighth Item 3.1 of this provision which provided information which was the basis for control of expenses.

The department directs information specified in paragraph one of this Item with compliance with law of the Russian Federation about the state secret and about personal data protection.

The department along with the direction of information according to paragraph one of this Item notifies about it the corresponding person concerning whom control of expenses was exercised.

5.8. If during control of expenses the circumstances testimonial of discrepancy of expenses of the bank clerk of Russia holding the position included in the List, the financial representative and also expenses of the spouse (spouse) and minor children of the corresponding person to their total income are revealed, the materials received as a result of control of expenses within three working days after day of its completion go person who made the decision on control of expenses to bodies of prosecutor's office of the Russian Federation.

5.9. If during control of expenses essential elements of offense are revealed, administrative or other offense, the materials received as a result of control of expenses within three working days after day of its completion go person who made the decision on control of expenses to state bodies according to their competence.

Chapter 6. Final provisions

6.1. This Provision becomes effective from the date of its official publication.

6.2. From the date of entry into force of this provision to recognize invalid:

Provision of the Bank of Russia of August 20, 2013 No. 405-P "About procedure for conducting checks of reliability and completeness of data on the income, about the property and obligations of property nature represented to the Bank of Russia, observance by bank clerks of Russia of requirements to office behavior and procedure of control of expenses" <1>;

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<1> It is registered by the Ministry of Justice of the Russian Federation on October 8, 2013, registration No. 30110.

Instruction of the Bank of Russia of June 9, 2015 No. 3666-U "About modification of the Provision of the Bank of Russia of August 20, 2013 No. 405-P "About procedure for conducting checks of reliability and completeness of data on the income, about the property and obligations of property nature represented to the Bank of Russia, observance by bank clerks of Russia of requirements to office behavior and procedure of control of expenses" <2>;

--------------------------------

<2> It is registered by the Ministry of Justice of the Russian Federation on July 1, 2015, registration No. 37859.

Instruction of the Bank of Russia of November 16, 2020 No. 5619-U "About modification of the Provision of the Bank of Russia of August 20, 2013 No. 405-P "About procedure for conducting checks of reliability and completeness of data on the income, about the property and obligations of property nature represented to the Bank of Russia, observance by bank clerks of Russia of requirements to office behavior and procedure of control of expenses" <1>.

--------------------------------

<1> It is registered by the Ministry of Justice of the Russian Federation on December 18, 2020, registration No. 61542.

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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