FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 290-FZ

About introduction of amendments to the Federal law "About Use of the Control and Cash Equipment when Implementing Cash Cash Calculations and (or) Calculations with Use of Payment Cards" and separate legal acts of the Russian Federation

Accepted by the State Duma on June 14, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Federal Law of May 22, 2003 No. 54-FZ "About use of the control and cash equipment when implementing cash cash calculations and (or) calculations with use of payment cards" (The Russian Federation Code, 2003, No. 21, Art. 1957; 2009, No. 23, Art. 2776; No. 29, Art. 3599; 2010, No. 31, Art. 4161; 2011, No. 27, Art. 3873; 2012, No. 26, Art. 3447; 2013, No. 19, Art. 2316; No. 27, Art. 3477; No. 48, Art. 6165; 2014, No. 19, Art. 2316; 2015, No. 10, Art. 1421) following changes:

Shall be replaced with words 1) in the name of the word of "payment cards" "electronic instruments of payment";

Article 1 to state 2) in the following edition:

"Article 1. Legislation of the Russian Federation on use of the control and cash equipment

1. The legislation of the Russian Federation on use of the control and cash equipment consists of this Federal Law and regulatory legal acts adopted according to it.

2. This Federal Law determines rules of use of the control and cash equipment when implementing calculations in the territory of the Russian Federation for the purpose of ensuring interests of citizens and the organizations, consumer protection, and also providing established procedure of implementation of calculations, completeness of accounting of revenue in the organizations and at individual entrepreneurs.";

To add 3) with Article 1.1 of the following content:

"Article 1.1. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

the automated system for forms of the strict reporting - the control and cash equipment used for forming electronically of forms of the strict reporting, and also their seal on papers;

the automatic device for calculations - the device for implementation of settling with the buyer (client) in the automatic mode using the control and cash equipment without participation of the authorized person of the organization or the individual entrepreneur;

base of fiscal data - set of the fiscal data which arrived from users to the operator of fiscal data including in the form of the fiscal documents which are subject to storage and protection against access for the third parties;

the form of the strict reporting - source accounting document equated to the cash register receipt, created electronically and (or) printed using the automated system for forms of the strict reporting at the time of calculation between the user and the client for the rendered services, containing data on calculation, confirming the fact of its implementation and conforming to requirements of the legislation of the Russian Federation about use of the control and cash equipment;

serial number - the unique number of copy of model of the control and cash equipment, fiscal store, means of forming of fiscal sign, means of check of fiscal sign, the automatic device for calculations appropriated by the manufacturer;

manufacturer - the organization performing production of the control and cash equipment and (or) fiscal stores, means of forming of fiscal sign, means of check of fiscal sign;

office of the control and cash equipment - information resource which is posted on the official site of federal executive body the representative for control and supervision of use of the control and cash equipment (further - authorized body), on the Internet (further - Internet network) which maintaining is performed by authorized body in the procedure established by it and which is used by the organizations, individual entrepreneurs and tax authorities for realization of the rights and obligations established by the legislation of the Russian Federation on use of the control and cash equipment;

the cash register receipt - source accounting document created electronically and (or) printed using the control and cash equipment at the time of calculation between the user and the buyer (client), containing data on calculation, confirming the fact of its implementation and conforming to requirements of the legislation of the Russian Federation about use of the control and cash equipment;

key of fiscal sign - the key document intended for forming of fiscal sign and created with use of master key;

the control and cash equipment - the electronic computers, other computer devices and their complexes providing the record and storage of fiscal data in fiscal stores creating the fiscal documents providing transfer of fiscal documents in tax authorities through the operator of fiscal data and seal of fiscal documents on papers according to the rules established by the legislation of the Russian Federation on use of the control and cash equipment;

master key - the key document intended for creation of series of keys of fiscal sign, and also check of the fiscal signs created with use of keys of fiscal sign of this series;

model of the control and cash equipment (the fiscal store) - the type (type) of the control and cash equipment (the fiscal store) which is conforming to requirements of the legislation of the Russian Federation about use of the control and cash equipment and having the unique name appropriated by the manufacturer;

processing of fiscal data - any action (any transaction) or set of actions (transactions) made by the operator of fiscal data using technical means of the operator of fiscal data when forming and (or) using base of fiscal data including obtaining, reliability check, collection, record, systematization, accumulating, storage in not adjusted type, extraction, use, transfer to tax authorities in the form of fiscal documents, provision to tax authorities of such data and access to them;

the operator of fiscal data - the organization created in accordance with the legislation of the Russian Federation, which is in the territory of the Russian Federation, received in accordance with the legislation of the Russian Federation about use of the control and cash equipment permission to processing of fiscal data;

re-registration of the control and cash equipment - entering of changes by tax authority into the information provided by the user in case of registration of the control and cash equipment (except for identification taxpayer number and serial number of the control and cash equipment) and brought in register of the control and cash equipment and card of registration of the control and cash equipment, and provision of new card of registration of the control and cash equipment on paper or in the form of the electronic document signed by the strengthened qualified digital signature without assignment by tax authority to control and cash technology of new registration number;

the user - the organization or the individual entrepreneur using the control and cash equipment when implementing calculations;

calculations - acceptance or payment of money with use of cash and (or) electronic instruments of payment for implementable goods, the performed works, the rendered services, acceptance of rates and payment of money in the form of prize when implementing activities for the organization and carrying out gamblings, and also acceptance of money in case of implementation of lottery tickets, electronic lottery tickets, acceptance of lottery rates and payment of money in the form of prize when implementing activities for the organization and carrying out lotteries;

registration of the control and cash equipment - introduction by tax authority of record about copy of model of the control and cash equipment, its fiscal store and about the user in register of the control and cash equipment, assignment by tax authority to control and cash technology of registration number and issue to the user of card of registration of the control and cash equipment with indication of its registration number on paper or in the electronic document signed by the strengthened qualified digital signature;

the register of the control and cash equipment - set of data on each made copy of model of the control and cash equipment;

the register of fiscal stores - set of data on each made copy of model of the fiscal store which users have the right to use in case of use of the control and cash equipment;

removal of the control and cash equipment from registration accounting - entering by tax authority into register of the control and cash technology of data on phase-out by the user of the control and cash equipment and issue to the user of card about removal of the control and cash equipment from registration accounting;

means of check of fiscal sign - the hardware-software cryptographic (cryptographic) remedy of fiscal data providing possibility of identification of adjustment or falsification of the fiscal data protected by fiscal sign as a result of their check with use of master key;

means of forming of fiscal sign - the hardware-software cryptographic (cryptographic) remedy of fiscal data providing possibility of forming of fiscal sign;

technical means of the operator of fiscal data - equipment rooms, program and the software and hardware used by the operator of fiscal data when processing fiscal data, including means of forming of fiscal sign and means of check of fiscal sign;

fiscal data - data on calculations, including data on the organization or the individual entrepreneur perfroming calculations on the control and cash equipment used when implementing calculations and other data created by control and cash technology or the operator of fiscal data;

the fiscal document - the fiscal data presented on the established formats in the form of the cash register receipt, form of the strict reporting and (or) other document, stipulated by the legislation the Russian Federation about use of the control and cash equipment, on paper and (or) electronically, including protected by fiscal sign;

the fiscal store - the hardware-software cryptographic (cryptographic) remedy of fiscal data in the sealed-up case containing keys of fiscal sign, providing possibility of forming of fiscal signs, record of fiscal data in not adjusted type (with fiscal signs), their non-volatile long-term storage, check of fiscal signs, deciphering and authentication of the fiscal documents confirming the fact of obtaining by the operator of the fiscal these fiscal documents transferred by the control and cash equipment, sent to the control and cash equipment by the operator of fiscal data (further - confirmation of the operator), and also providing possibility of enciphering of fiscal documents for the purpose of ensuring confidentiality of information transferred to the operator of fiscal data;

fiscal sign - the reliable information created with use of the fiscal store and key of fiscal sign or with use of means of forming of fiscal sign and master key as a result of cryptographic transformation of fiscal data which availability gives the chance of identification of adjustment or falsification of these fiscal data in case of their check with use of the fiscal store and (or) means of check of fiscal sign;

fiscal sign of the document - the fiscal sign created with use of the fiscal store for check of reliability of the fiscal data protected by fiscal sign with use of the means of check of fiscal sign used by authorized body;

fiscal sign of the operator - the fiscal sign created with use of means of forming of fiscal sign of the operator of fiscal data for check of reliability of the fiscal data protected by fiscal sign with use of the means of check of fiscal sign used by authorized body;

fiscal sign of confirmation - the fiscal sign created with use of means of forming of fiscal sign of the operator of fiscal data for check of reliability of the fiscal data protected by fiscal sign with use of the fiscal store;

fiscal sign of the message - the fiscal sign created with use of the fiscal store for check of reliability of the fiscal data protected by fiscal sign with use of means of check of fiscal sign of the operator of fiscal data;

the expert - the physical person who is the employee of the expert organization and got additional professional education in the field of assessment of conformity of the control and cash equipment and technical means of the operator of fiscal data to requirements of the legislation of the Russian Federation about use of the control and cash equipment;

the expert organization - the organization which is independently performing functions on the organization and conducting examination of models of the control and cash equipment and technical means of the operator of fiscal data (the job seeker of permission to processing of fiscal data) and included in the register of the expert organizations conforming to requirements of the legislation of the Russian Federation about use of the control and cash equipment.";

To add 4) with Article 1.2 of the following content:

"Article 1.2. Sphere and rules of use of the control and cash equipment

1. The control and cash equipment is used in the territory of the Russian Federation without fail by all organizations and individual entrepreneurs when implementing of calculations by them, except as specified, established by this Federal Law.

2. When implementing calculation the user shall issue the cash register receipt or the form of the strict reporting on paper and (or) in case of provision by the buyer (client) to the user until calculation of subscriber number or the e-mail address to send the cash register receipt or the form of the strict reporting electronically to the buyer (client) for the provided subscriber number or the e-mail address (if technically possible for information transfer to the buyer (client) electronically for the e-mail address).

In the case specified in Item 7 of article 2 of this Federal Law, the user shall issue to the buyer (client) the cash register receipt or the form of the strict reporting on paper without its direction to the buyer (client) electronically.

3. The user for the purpose of discharge of duty, this Article specified in Item 2 having the right to send to the buyer (client) for the subscriber number or the e-mail address (if technically possible for information transfer to the buyer (client) electronically for the e-mail address) provided by the buyer (client) to the user before making of calculation, the data electronically, identifying such cash register receipt or such form of the strict reporting (registration number of the control and cash equipment, the amount, date and time of calculation, fiscal sign of the document), and information on the address of information resource which is posted online "Internet" and on which such cash register receipt or such form of the strict reporting can be free of charge received by the buyer (client).

4. The cash register receipt or the form of the strict reporting received by the buyer (client) electronically and which is printed out by him on paper are equated to the cash register receipt or the form of the strict reporting printed by the control and cash equipment on paper provided that the data specified in such cash register receipt or such form of the strict reporting are identical to the cash register receipt or the form of the strict reporting sent to the buyer (client) electronically.

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