INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 28, 2017 No. 4361-U

About modification of the Provision of the Central bank of the Russian Federation of August 7, 2015 No. 484-P "About the commissions on observance of requirements to office behavior of employees of the Central bank of the Russian Federation and settlement of conflicting interests"

1. According to article 7 of 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, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 14, the Art. 1997) and based on 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 April 14, 2017 No. 8) to bring in the Provision of the Bank of Russia of August 7, 2015 No. 484-P "About the commissions on observance of requirements to office behavior of bank clerks of Russia and settlement of conflicting interests", registered by the Ministry of Justice of the Russian Federation on September 4, 2015 No. 38795, the following changes.

1.1. Preamble after words "No. 30, Art. 4219;" to add with words "No. 40, Art. 5318;", after the words "Art. 29, Art. 4348" to add with words ", Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 14, Art. 1997".

1.2. In paragraph five of Item 1.1 of the word "The first operation management of the Bank of Russia", "The educational and methodical center of the Bank of Russia (Tver),", ", the Center of preparation of bank staff of Russia (Pushkino), Head storage (Moscow) of the Central storage of the Bank of Russia, Interregional storage and Interregional storage (St. Petersburg) of the Central storage of the Bank of Russia" to exclude (Yekaterinburg) of the Central storage of the Bank of Russia.

1.3. State Item 2.3 in the following edition:

"2.3. Are part of the commission of central office of the Bank of Russia:

the commission chairman - the first deputy (deputy) the Chairman of the Bank of Russia supervising questions of personnel policy and ensuring work with personnel;

members of the commission:

first deputies (deputies) the Chairman of the Bank of Russia - according to the decision of the Chairman of the Bank of Russia;

the vice-chairman of the Bank of Russia - the head of the Main inspection of the Bank of Russia;

chief auditor of the Bank of Russia;

director of Legal department;

director of the department of personnel policy and ensuring work with personnel;

chief of Head department of safety and information security;

other bank clerks of Russia - according to the decision of the Chairman of the Bank of Russia;

the representative (representatives) of the scientific organizations and (or) educational institutions of secondary, higher and additional professional education which work is connected with public service, and (or) banking activity, and (or) activities of not credit financial credit institutions.

In the order of the Bank of Russia on creation of the commission the vice-chairman of the commission from among the First Deputy Chairmen of the Bank of Russia included in structure of the commission as members of the commission is determined.".

1.4. In Item 2.5:

the fourth after words of "territorial office" to add the paragraph with words "(the head of the structural unit of territorial office)";

to state the paragraph of the eighth in the following edition:

"heads of other structural divisions of territorial office of the Bank of Russia - according to the decision of the head of territorial office of the Bank of Russia;".

1.5. In the paragraph the second Item 3.1 of the word "and statements" shall be replaced with words ", statements and notifications".

1.6. State Item 3.2 in the following edition:

"3.2. The commission chairman, and also members of the commission in case of origin at them shall declare to direct or indirect interest which can lead to conflict of interest by consideration of the question included in the agenda of commission session prior to the meeting it. The final decision on availability of conflict of interest at the commission chairman or the member of the commission is accepted by the commission and is reflected in the minutes of the commission. In case of decision making about availability of conflict of interest the commission chairman, the corresponding member of the commission does not take part in consideration of the specified question and is not considered in case of determination of quorum on the matter.".

1.7. The paragraph one of Item 3.3 to state in the following edition:

"3.3. Members of the commission shall inform the commission chairman or the secretary of the commission on impossibility of the presence on commission session.".

1.8. In Item 3.5:

add with subitem 3.5.4.1 of the following content:

"3.5.4.1. The notification of the bank clerk of Russia on emergence of personal interest in case of execution of job responsibilities which brings or can lead to conflict of interest.";

to add subitem 3.5.6 after words of "the Chairman of the Bank of Russia" with words ", the commission chairman".

1.9. Add with Item 3.7.1 of the following content:

"3.7.1. The notification which arrived in the commission specified in subitem 3.5.4.1 of Item 3.5 of this provision at the request of the commission chairman goes for preliminary consideration and preparation of the motivated conclusion:

in central office of the Bank of Russia - in Department of personnel policy and ensuring work with personnel;

in Department of field organizations, in territorial office of the Bank of Russia, in other division of the Bank of Russia - in structural division on work with personnel (in case of its absence - to the specialist to whose duties work with personnel belongs).

By preparation of the motivated conclusion represented to the commission the officials performing its preliminary consideration have the right to conduct interview with the bank clerk of Russia who provided the notification, to receive from it written explanations. The chairman of the Bank of Russia, the First Deputy Chairman of the Bank of Russia supervising questions of personnel policy and ensuring work with personnel the director of the department of personnel policy and ensuring work with personnel, the head of the department of field organizations, the head of the relevant territorial office of the Bank of Russia, the head of other division of the Bank of Russia can send inquiries to state bodies, local government bodies and the interested organizations for the purpose of consideration of the notification.

The notification, the motivated conclusion and other materials within 7 working days from the date of receipt of the notification are represented to the commission chairman.

In case of the direction of requests the notification, the motivated conclusion and other materials are represented to the commission chairman within 45 calendar days from the date of receipt of the notification. The specified term can be extended by the commission chairman, but no more than for 30 calendar days.".

1.10. In Item 3.8:

in the paragraph the second shall be replaced with words words of "two workers" "10 calendar", after the words "specified in Item 3.5" to add with words "(except for specified in subitem 3.5.4. 1)" shall be replaced with words words of "ten workers" "20 calendar";

add with the paragraph of the following content:

"Commission session on the basis specified in subitem 3.5.4.1 of Item 3.5 of this provision is appointed within 10 calendar days from the moment of obtaining by the commission chairman (in case of its absence - the vice-chairman of the commission) the materials specified in paragraph six of Item 3.7.1 of this provision (at the same time date of commission session cannot be appointed after 20 calendar days from the date of receipt of the specified documents).".

1.11. State Item 3.10 in the following edition:

"3.10. Commission session is held, as a rule, in the presence of the worker.

About intention to be present personally at commission session the worker specifies in the statement or the notification represented according to subitems 3.5.3 - 3.5.4.1 Item 3.5 of this provision.".

1.12. Add with Item 3.10.1 of the following content:

"3.10.1. Commission sessions can be held in the absence of the worker in case:

if the statement or the notification provided by subitems 3.5.3 - 3.5.4.1 Item 3.5 of this provision, does not contain specifying about intention of the worker to be present personally at commission session;

if the worker who is properly informed on time and the venue of commission session was not on it.".

1.13. Add with Item 3.16.1 of the following content:

"3.16.1. Following the results of consideration of the question specified in subitem 3.5.4.1 of Item 3.5 of this provision, the commission accepts one of the following decisions:

recognizes that in case of execution by the worker of job responsibilities the conflict of interest is absent;

recognizes that in case of execution by the worker of job responsibilities personal interest brings or can lead to conflict of interest. In this case the commission of central office of the Bank of Russia recommends to management of the Bank of Russia, the corresponding head of the structural unit of central office, territorial office, other division of the Bank of Russia (the commission of Department of field organizations - to the head of the department of field organizations; the commissions of territorial offices of the Bank of Russia and other divisions of the Bank of Russia - to management of territorial offices of the Bank of Russia and other divisions of the Bank of Russia respectively) to take measures for settlement of conflicting interests or for non-admission of its origin;

recognizes that the worker did not observe the requirement about settlement of conflicting interests. In this case the commission of central office of the Bank of Russia recommends to management of the Bank of Russia, the corresponding head of the structural unit of central office, territorial office, other division of the Bank of Russia (the commission of Department of field organizations - to the head of the department of field organizations; the commissions of territorial offices of the Bank of Russia and other divisions of the Bank of Russia - to management of territorial offices of the Bank of Russia and other divisions of the Bank of Russia respectively) to specify to the worker inadmissibility of non-compliance with requirements about settlement of conflicting interests or to apply the responsibility measure provided by the labor law of the Russian Federation to the worker.".

1.14. In Item 4.4:

word in paragraph one of "three workers" shall be replaced with words "7 calendar";

the fifth after the words "commission sessions" to add the paragraph with words ", certified by the secretary of the commission,".

2. This Instruction becomes effective from the date of its official publication.

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