FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 4, 2023 No. 442-FZ

About introduction of amendments to the Federal law "About the Central Bank Russian Federation (Bank of Russia)" and separate legal acts of the Russian Federation and about recognition voided separate provisions of legal acts of the Russian Federation"

Accepted by the State Duma on July 25, 2023

Approved by the Federation Council on July 28, 2023

Article 1

The Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, the Art. 2790) to add with Chapter XI.2 of the following content:

"Chapter XI.2. Procedure for consideration of addresses of citizens by the Bank of Russia

Article 79.3. The appeal of physical person which arrived in the Bank of Russia (further for the purposes of this Chapter - the applicant) about violation by credit institution, not credit financial credit institution, bureau of credit histories (further for the purposes of this Chapter - the financial organization) its rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons (further for the purposes of this Chapter - the appeal) within seven working days from the date of registration in the Bank of Russia is sent for consideration on the merits to the financial organization, actions (failure to act) of which are appealed, except as specified, specified in article 79.4 of this Federal Law. Availability of the signature of the applicant in the address is not required.

In cases if the address is submitted concerning several financial organizations, the Bank of Russia of the applicant having the right without consent to send the appeal to each of the financial organizations, actions (failure to act) of which are appealed by the applicant and which competence includes the solution of the questions raised in the address. The Bank of Russia of the addressee having the right in case of determination for the direction of the address without the consent of the applicant to perform replacement of the financial organization, actions (failure to act) of which are appealed by the applicant, on the financial organization (the financial organizations) in which competence (which) the solution of the questions raised in the address enters (further - replacement of the financial organization) if follows from information which is available for the Bank of Russia that the address of the applicant is connected with actions (failure to act) of such financial organization (the financial organizations).

The direction the Bank of Russia of the appeal to the financial organization (the financial organizations) according to part two of this Article is not disclosure of the data (including personal data, information which is trade, official, bank secret, the mystery of insurance or other secret protected by the law) containing in the address.

The Bank of Russia sends to the applicant to the e-mail addresses specified in the address, the postal address or through the federal state information system "Single Portal of the State and Municipal Services (Functions)" (depending on method of receipt of the address) the notification on the direction of the appeal to the financial organization (the financial organizations), and in case of replacement of the financial organization - the notification on replacement of the financial organization no later than three working days from the date of the direction of the appeal to the financial organization (the financial organizations).

If the applicant in case of the direction of the address in electronic form indicated the need the directions of the answer to the address or notifications specified in part four of this Article, on paper, the Bank of Russia sends the answer or notifications to the postal address specified in the address.

The Bank of Russia independently considers the address in essence and gives to the applicant the written answer if the financial organization in the time established by the legislation of the Russian Federation does not send to the Bank of Russia the copy of the answer to the address or the copy of the notification from the financial organization, stipulated by the legislation to the Russian Federation. The answer to the address is given by the Bank of Russia according to the procedure, No. 59-FZ provided by the Federal Law of May 2, 2006 "About procedure for consideration of addresses of citizens of the Russian Federation", within 15 working days from the date of, the answer to the address established for the direction of the copy or the copy of the notification from the financial organization, stipulated by the legislation to the Russian Federation, in the Bank of Russia. In case of need request of additional documents and materials for the purpose of objective and comprehensive consideration of the address the Bank of Russia has the right to extend the term of consideration of the address, but no more than for 10 working days with the obligatory notification of the applicant about prolongation of term of consideration of its address.

The answer to the address or notifications of the Bank of Russia specified in parts four and the sixth this Article go the Bank of Russia in document type, drawn up according to the procedure, provided by the Bank of Russia.

Article 79.4. The address is not subject to the direction the Bank of Russia in the financial organization if the address contains:

1) the copy of the reply of the financial organization to the appeal which, according to the applicant, is sent with violation of the requirements established by the legislation of the Russian Federation if the applicant sent the appeal to the financial organization earlier;

2) information on violations in the field of the corporate relations in joint-stock companies or about violations in connection with actions (failure to act) of the financial organization as issuer of issued securities;

3) refusal of the applicant of the direction by the Bank of Russia of the appeal to the financial organization;

4) insufficient information about the financial organization, actions (failure to act) of which are appealed by the applicant, and the Bank of Russia has no information that the address is connected with actions (failure to act) of the specific financial organization.

The addresses which are not subject to the direction in the financial organization for consideration on the merits are subject to consideration by the Bank of Russia according to the procedure and terms which are provided by the Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation".".

Article 2

The Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; The Russian Federation Code, 1996, No. 6, the Art. 492) to add with Article 30.1 of the following content:

"Article 30.1. Consideration of addresses by credit institution

The credit institution shall consider the appeal of physical person or the legal entity (further for the purposes of this Article - the applicant) connected with implementation by credit institution of the activities provided by this Federal Law, according to the procedure, established by this Article.

The credit institution shall provide acceptance of the appeals sent by means of mail service or the courier on paper, in places of consumer service of banking services to the address within the location of credit institution, to the location address of branch, representative office of credit institution, specified in the Unified State Register of Legal Entities, and also directed to the e-mail address of credit institution. Availability of the signature of the applicant in the address is not required.

Information on the addresses specified in part two of this Article shall be placed in places of consumer service of banking services, and also on the official site of credit institution on the Internet.

In case of the organization of acceptance of addresses by the additional method which is not provided by part two of this Article, the credit institution shall place information on additional method of acceptance of addresses in places of consumer service of banking services, and also on the official site on the Internet.

The address is subject to obligatory registration no later than the working day following behind day of its receipt in credit institution. In case of receipt of the address in electronic form the credit institution shall notify the applicant on registration of the address (further - the notice of registration) no later than day of registration of the address by the method provided by part ten of this Article.

If the address contains the requirement of property nature which is connected with recovery by credit institution of the violated right of the applicant and is subject to consideration by the financial representative, the direction of the address according to requirements of this Article is observance by the applicant of the obligation provided by part 1 of article 16 of the Federal Law of June 4, 2018 No. 123-FZ "About the representative for the rights of consumers of financial services" and the address is subject to consideration by credit institution according to the procedure and terms which are established by the specified Federal Law.

The credit institution shall consider the address and by results of its consideration to send to the applicant the answer to the address within 15 working days from the date of registration of the address if other terms are not provided by this Federal Law and other Federal Laws.

In case of need request of additional documents and materials for the purpose of objective and comprehensive consideration of the address the credit institution according to the decision of sole executive body, the deputy of sole executive body or authorized by them persons has the right to extend the term of consideration of the address, but no more than for 10 working days if other is not provided by the Federal Laws. The credit institution shall notify the applicant on prolongation of term of consideration of the address with indication of reasons for such prolongation, having sent to the applicant the adequate notice (further - the notification on prolongation of term).

The answer to the address shall contain information on results of objective and comprehensive consideration of the address, to be reasonable and to include references on concerning the question of the requirement of the legislation of the Russian Federation considered in the address, the documents and (or) data connected with consideration of the address and also on the actual circumstances of the question considered in the address.

The answer to the address, and also the notice of registration, the notification on prolongation of term are sent to the applicant depending on method of receipt of the appeal in writing to the e-mail addresses or the postal address specified in the address or by the method provided by terms of the contract concluded between credit institution and the applicant. If the applicant in case of the direction of the address specified method of the direction of the answer to the address in electronic form or on paper, the answer to the address shall be directed by the method specified in the address.

The credit institution shall store addresses of applicants, and also copies of answers to addresses and copies of the notifications provided by this Article within three years from the date of registration of addresses.

The answer to the address in essence is not given by credit institution in the following cases:

1) in the address the address to which the answer shall be directed is not specified;

2) in the address the surname (name) of the applicant is not specified;

3) the address contains obscene or abusive terms, threats to property of credit institution, threat of life, to health and property of the employee of credit institution, and also members of his family;

4) the text of the address does not give in to reading;

5) the text of the address does not allow to determine its essence.

If in the cases provided by Items 2 - 5 parts twelve of this Article, credit institution make the decision to leave the address without pertinent answer, it shall send to the applicant the notification on this decision within five working days from the date of registration of the address by the method specified in part ten of this Article with indication of the reasons of impossibility of consideration of the address in essence.

If the address contains question on which the applicant was repeatedly given pertinent answers in connection with the appeals which are earlier sent by it, and at the same time new arguments or circumstances are not given, the credit institution has the right to make independently the decision on groundlessness of the next address and the termination of correspondence with the applicant on the matter. The applicant is notified on this decision according to the procedure, provided by part thirteen of this Article.

In case of receipt in credit institution from the Bank of Russia of the address, the stipulated in Article 79.3 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)", credit institution shall consider the address according to requirements of this Article, and also send to the Bank of Russia the copy of the answer to the address and copies of the notifications (in the presence) provided by this Article in day of their direction to the applicant.

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