Funds and values in foreign. Administration of the Annunciation rural settlement
Article 1.
By this Federal Law, in order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in national economy and increasing the efficiency of combating corruption, a prohibition is established for persons who, on duty, make decisions concerning the sovereignty and national security of the Russian Federation, to open and have accounts (deposits), to keep cash cash and values in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition and measures of responsibility for its violation are determined.
Article 2.
1. It is forbidden to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) public office of the Russian Federation;
b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;
c) positions of members of the Board of Directors The central bank Russian Federation;
d) public offices of the constituent entities of the Russian Federation;
e) positions of the federal public service, the appointment and release from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;
f) positions of deputy heads of federal executive bodies;
g) positions in state corporations (companies), foundations and other organizations created by the Russian Federation on the basis of federal laws, the appointment and release from which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
h) positions of heads of city districts, heads municipal districts;
2) spouses and minor children of the persons specified in clause 1 of this subsection;
3) to other persons in cases stipulated by federal laws.
2. The federal laws specified in clause 3 of part 1 of this article may provide for the periods during which accounts (deposits) must be closed, the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation is terminated, and (or ) alienation of foreign financial instruments has been carried out, the grounds and procedure for conducting the relevant inspections, as well as the legal consequences of failure to comply with the prohibition established by this Federal Law.
3. The prohibition provided for by this Federal Law to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons specified in clause 1 of part 1 of this article who replace (occupy) government positions in the Russian Federation and federal positions. civil service in official representations of the Russian Federation located outside the territory of the Russian Federation, official representations of federal executive bodies, the appointment and release from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation, as well as to the spouse (s) and minor children of these persons.
Article 3.
1. The persons specified in Clauses 1 and 2 of Part 1 of Article 2 of this Federal Law shall, within three months from the date of entry into force of this Federal Law, close accounts (deposits), stop storing cash and valuables in foreign banks located behind outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In the event of failure to fulfill such an obligation, the persons specified in Clause 1 of Part 1 of Article 2 of this Federal Law shall be obliged to terminate their powers ahead of time, vacate the position being replaced (occupied) or resign.
2. In the event that the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for in Part 1 of this Article in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state before the entry into force of this Federal Law in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of these in this part of the arrest, prohibition order.
3. Trust management property that provides for investment in foreign financial instruments and the founder of the management in which is a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments shall be terminated within three months from the date of entry into force of this Federal Law.
Article 4.
1. Persons specified in clause 1 of part 1 of Article 2 of this Federal Law, when submitted in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption "), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts Of the Russian Federation information on income, property and obligations property nature indicate information about theirs, their spouses and minor children real estate, located outside the territory of the Russian Federation, about the sources of receipt of funds at the expense of which the specified property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses (spouses) and minor children.
2. Citizens claiming to fill (occupy) positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when submitted in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for in part 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses and minor children.
3. A citizen, his spouse (spouse) and minor children are obliged, within three months from the date of replacement (occupation) by a citizen of the position specified in clause 1 of part 1 of article 2 of this Federal Law, to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
Article 5.
1. The basis for making a decision to verify compliance by a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) to use foreign financial instruments, this prohibition (hereinafter - verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in part 1 of this article may be submitted in writing according to established order:
1) law enforcement, other state bodies, The central bank Of the Russian Federation, credit institutions, other Russian organizations, local government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of government bodies, local government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law, which are not political parties;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
3. Information of an anonymous nature cannot serve as a basis for making a decision to carry out a check.
Article 6
1. The decision to carry out an inspection is made by an official authorized to make a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. The decision to carry out an inspection shall be made in the manner prescribed for making a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
3. The inspection is carried out in the manner and terms that are provided for the verification of the person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
Article 7.
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. When carrying out an inspection, the bodies, subdivisions and officials specified in part 1 of this article shall have the right:
1) conduct, on his own initiative, a conversation with the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law;
2) study additional materials received from the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, or from other persons;
3) receive from the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law clarifications on the information and materials provided by him;
4) send, in accordance with the established procedure, requests to the prosecutor's office of the Russian Federation, other federal government bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies federal executive bodies, local self-government bodies, public associations and other Russian organizations, to banks and other organizations foreign states on the information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. Powers of bodies, divisions and officials specified in part 1 of this article, regarding the direction of requests provided for by this paragraph, are determined by the President of the Russian Federation;
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received the request provided for in paragraph 4 of part 2 of this article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and submit the requested information in the prescribed manner.
Article 8.
The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, in connection with the verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation have the right to own and (or) use foreign financial instruments:
1) give explanations, including in writing, on issues related to the implementation of the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to a body, division or to an official specified in Part 1 of Article 7 of this Federal Law to hold a conversation with him on issues related to the implementation of an audit. The petition is subject to mandatory satisfaction.
Article 9.
The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, for the period of verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments may be removed from the position being replaced (occupied) in the prescribed manner for a period not exceeding sixty days from the date of the decision to carry out the audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of suspension from the replaced (occupied) position pay the position to be replaced (occupied) is retained.
Article 10.
Failure by the person specified in clause 1 of part 1 of Article 2 of this Federal Law, his spouse and (or) minor children to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, owning and (or) using foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person in question.
President of the Russian Federation V. Putin
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE BAN
STORE CASH AND VALUES IN FOREIGN
BANKS LOCATED OUTSIDE THE TERRITORY OF THE RUSSIAN
FEDERATION, OWN AND (OR) USE FOREIGN
FINANCIAL INSTRUMENTS
The State Duma
Federation Council
Article 1.
(as amended by Federal Law of 28.12.2016 N 505-FZ)
1. This Federal Law, in order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and increase the effectiveness of combating corruption, establishes a ban on persons who make decisions on duty that affect the sovereignty and national security of the Russian Federation, and (or ) to those participating in the preparation of such decisions, to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons are determined in relation to which this prohibition, the procedure for verifying compliance by the indicated persons with this prohibition and measures of responsibility for its violation.
2. For the purposes of this Federal Law, foreign financial instruments are understood as follows:
1) securities and related financial instruments of non-residents and (or) foreign structures without forming a legal entity, which, in accordance with international standard"Securities - International system identification of securities (international security identification codes (ISIN) ", approved by the international organization for standardization, assigned an international security identification code. In this Federal Law, the concept of" foreign structure without the formation of a legal entity "is used in the meaning defined by the legislation of the Russian Federation on taxes and fees, the concept of "non-resident" in the meaning defined by clause 7 of part 1 of article 1 of the Federal Law of December 10, 2003 N 173-FZ "On currency regulation and currency control ";
2) shares of participation, shares in the authorized (share) capital of organizations, the place of registration or location of which is a foreign state, as well as in the property of foreign structures without the formation of a legal entity, not defined in accordance with paragraph 1 of this part as securities and classified to them financial instruments;
3) contracts that are derivative financial instruments and defined by part twenty-nine of Article 2 of the Federal Law of April 22, 1996 N 39-FZ "On the Securities Market", if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without formation of a legal entity;
4) the trust management of property established in accordance with the legislation of a foreign state, the founder and (or) beneficiary of which is the person specified in Part 1 of Article 2 of this Federal Law;
5) loan agreements, if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without forming a legal entity;
6) credit agreements concluded with foreign banks or other foreign credit institutions located outside the territory of the Russian Federation.
3. In this Federal Law, the prohibition to own and use foreign financial instruments means a prohibition on direct and indirect (through third parties) possession and (or) use of such financial instruments.
Article 2.
1. It is forbidden to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) public office of the Russian Federation;
b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;
c) positions of members of the Board of Directors of the Central Bank of the Russian Federation;
d) public offices of the constituent entities of the Russian Federation;
e) positions of the federal public service, the appointment and release from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;
f) positions of deputy heads of federal executive bodies;
g) positions in state corporations (companies), foundations and other organizations created by the Russian Federation on the basis of federal laws, the appointment and release from which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
h) the posts of heads of urban districts, heads of municipal districts, heads of other municipalities acting as heads of local administrations, heads of local administrations;
i) positions of the federal civil service, positions of the civil service of the constituent entities of the Russian Federation, positions in the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws, individual positions on the basis of an employment contract in organizations, created to fulfill the tasks assigned to federal state bodies, the exercise of powers for which provides for participation in the preparation of decisions affecting the sovereignty and national security of the Russian Federation, and which are included in the lists established, respectively, by regulatory legal acts of federal state bodies, constituent entities of the Russian Federation, regulations The Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws;
(clauses "and" introduced by Federal Law of December 22, 2014 N 431-FZ)
1.1) deputies of the representative bodies of municipal districts and urban districts, exercising their powers on a permanent basis, deputies filling positions in the representative bodies of municipal districts and urban districts;
(Clause 1.1 was introduced by the Federal Law of 03.11.2015 N 303-FZ)
2) spouses and minor children of the persons specified in subparagraphs "a" - "h" of paragraph 1 and paragraph 1.1 of this part;
(as amended by Federal Laws of December 22, 2014 N 431-FZ, of 03.11.2015 N 303-FZ)
3) to other persons in cases stipulated by federal laws.
2. The federal laws specified in clause 3 of part 1 of this article may provide for the periods during which accounts (deposits) must be closed, the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation is terminated, and (or ) alienation of foreign financial instruments has been carried out, the grounds and procedure for conducting the relevant inspections, as well as the legal consequences of failure to comply with the prohibition established by this Federal Law.
3. The prohibition established by this article to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons specified in clause 1 of part 1 of this article who replace (occupy) public offices of the Russian Federation, federal state offices. services in official representations of the Russian Federation located outside the territory of the Russian Federation, official representations of federal executive bodies, positions in representations of state corporations (companies) and organizations created to support the activities of federal state bodies, as well as for spouses and minor children of these persons.
(Part 3 as amended by Federal Law of 22.12.2014 N 431-FZ)
Article 3.
1. The persons specified in Clauses 1 and 2 of Part 1 of Article 2 of this Federal Law shall, within three months from the date of entry into force of this Federal Law, close accounts (deposits), stop storing cash and valuables in foreign banks located behind outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In the event of failure to fulfill such an obligation, the persons specified in Clause 1 of Part 1 of Article 2 of this Federal Law shall be obliged to terminate their powers ahead of time, vacate the position being replaced (occupied) or resign.
2. In the event that the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for by Part 1 of this Article and Part 3 of Article 4 of this Federal Law in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances beyond the control of the persons indicated in Part 1 of Article 2 of this Federal Law, such requirements must be met within three months from the date of termination of the arrest specified in this Part, the prohibition of the order or the termination of other circumstances.
2.1. Each case of failure to comply with the requirements provided for in Part 1 of this Article and (or) Part 3 of Article 4 of this Federal Law shall be considered in accordance with the established procedure at a meeting of the relevant Commission for Compliance with the Requirements for Official Conduct and Settlement of Conflicts of Interest (Commission for Monitoring the Reliability of Information on Income , on property and property obligations).
(Part 2.1 is introduced by Federal Law of 28.11.2015 N 354-FZ)
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of the management is a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments, shall be terminated within three months from the date of entry into force of this Federal Law.
4. In the event that, as a result of inheritance acceptance in accordance with the legislation of the Russian Federation or the legislation of a foreign state by the persons specified in Part 1 of Article 2 of this Federal Law, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, in the direct and indirect (through third parties) possession and (or) use of foreign financial instruments, as well as the acquisition of the status of the founder and (or) beneficiary of the trust management of inherited property (inheritance fund, trust) established in accordance with the legislation of a foreign state are obliged to close accounts (deposits), stop keeping cash and / or valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate received foreign financial instruments, terminate possession and (or) use of foreign financial instruments in a different way.
(Part 4 is introduced by the Federal Law of 01.05.2019 N 73-FZ)
Article 4.
1. Persons specified in clauses 1, 1.1 of part 1 of Article 2 of this Federal Law, when submitted in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On anti-corruption "), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature indicate information about the immovable property belonging to them, their spouses and minor children located outside the territory of the Russian Federation , on the sources of receipt of funds at the expense of which the specified property was acquired, on their obligations of a property nature outside the territory of the Russian Federation, as well as information on such obligations of their spouses (spouses) and minor children.
(as amended by Federal Law of 03.11.2015 N 303-FZ)
2. Citizens claiming to fill (occupy) positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when submitted in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for in part 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses and minor children.
3. The persons specified in Part 1 of Article 2 of this Federal Law are obliged, within three months from the date of replacement (occupation) by a citizen of the position specified in Clause 1 of Part 1 of Article 2 of this Federal Law, to close accounts (deposits), to stop storing cash funds and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments, as well as terminate trust management of property, which provides for investing in foreign financial instruments and the founders of the management in which these persons act.
(as amended by Federal Laws of December 22, 2014 N 431-FZ, of November 28, 2015 N 354-FZ)
Article 5.
1. The basis for making a decision to verify compliance by a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) to use foreign financial instruments, this prohibition (hereinafter - verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in part 1 of this article may be submitted in writing in accordance with the established procedure:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local self-government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local self-government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law, which are not political parties;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
3. Information of an anonymous nature cannot serve as a basis for making a decision to carry out a check.
Article 6
1. The decision to carry out an inspection is made by an official authorized to make a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. The decision to carry out an inspection shall be made in the manner prescribed for making a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
3. The inspection is carried out in the manner and terms that are provided for the verification of the person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
Article 7.
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. When carrying out an inspection, the bodies, subdivisions and officials specified in part 1 of this article shall have the right:
1) conduct, on his own initiative, a conversation with the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law;
(as amended by Federal Law of 03.11.2015 N 303-FZ)
2) study additional materials received from the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, or from other persons;
(as amended by Federal Law of 03.11.2015 N 303-FZ)
3) receive from the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, explanations on the information and materials provided by him;
(as amended by Federal Law of 03.11.2015 N 303-FZ)
4) send, in the prescribed manner, inquiries to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local self-government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states on the information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, subdivisions and officials specified in part 1 of this article in terms of sending requests provided for by this paragraph shall be determined by the President of the Russian Federation;
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received the request provided for in paragraph 4 of part 2 of this article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and submit the requested information in the prescribed manner.
Article 8.
The person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, in connection with the verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments is entitled to:
(as amended by Federal Law of 03.11.2015 N 303-FZ)
1) give explanations, including in writing, on issues related to the implementation of the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to a body, division or to an official specified in Part 1 of Article 7 of this Federal Law to hold a conversation with him on issues related to the implementation of an audit. The petition is subject to mandatory satisfaction.
Article 9.
The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, for the period of verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments may be removed from the position being replaced (occupied) in the prescribed manner for a period not exceeding sixty days from the date of the decision to carry out the audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of suspension from the replaced (occupied) position, the salary for the replaced (occupied) position is retained.
Article 10.
Failure by the person specified in clause 1 of part 1 of Article 2 of this Federal Law, his spouse and (or) minor children to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, owning and (or) using foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person in question.
The president
Russian Federation
Moscow Kremlin
Federal Law of 05/07/2013 N 79-FZ (as amended on 05/01/2019) "On the prohibition specific categories persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments "(as amended and supplemented, entered into force on 06.08 .2019)
The State Duma
Federation Council
Judicial practice and legislation - 79-FZ On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments
Statement by a civil servant on the impossibility of fulfilling the requirements of Federal Law No. 79-FZ of May 7, 2013 "On the prohibition of certain categories of persons to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments "<4>(hereinafter - the Federal Law "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments") in connection with arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances that do not depend on his will or the will of his wife (spouse) and minor children;
ADMINISTRATION OF ANNUNCIATION RURAL SETTLEMENT
BOLSHESELSKY MR, YAROSLAVSK REGION
RESOLUTION
dated 20.01.2015 No. 4
village Borisovskoe
"On the prohibition of certain categories of persons to open
and have accounts (deposits), keep cash
funds and values in foreign banks,
located outside the territory
Of the Russian Federation, to own and (or) use
foreign financial instruments ”.
In accordance with Federal Law No. 79-FZ dated 07.05.2013 “On the prohibition of certain categories of persons to open or have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments ".
I DECIDE:
... 1. To approve the Regulation “On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments” (Appendix).
2.Place the resolution on the website of the Blagoveshchensky Administration rural settlement.
3. The resolution comes into force from the moment of its signing.
Head of Administration
Blagoveshchensk rural settlement A.V. Berezin
Application
to the resolution of the Administration
Blagoveshchensk rural settlement
No. 4 dated 20.01.2015
Regulations on the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments
1.This Regulation, in order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and increase the efficiency of combating corruption, prohibits persons who make decisions on duty that affect the sovereignty and national security of the Russian Federation from opening and maintaining accounts. (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for checking compliance by these persons with this prohibition are determined and measures of responsibility for its violation.
2. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
to persons replacing (occupying):
the position of the head of the Blagoveshchensk rural settlement;
spouses and minor children, persons holding the municipal office of the Blagoveshchensk rural settlement administration.
3. The persons specified in clause 2 of this provision are obliged to close accounts (deposits) within three months from the date of entry into force of this provision, to stop storing cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) carry out the alienation of foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in clause 2 of this provision are obliged to terminate their powers ahead of time, vacate the position being replaced (occupied) or resign.
In the event that the persons referred to in paragraph 2 of this provision cannot fulfill the requirements provided for in paragraph 1 in connection with the arrest, prohibition of orders imposed before the date of entry into force of this provision by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the arrest and prohibition of the order specified in this part.
Trust management of property, which provides for investment in foreign financial instruments and the founder of the management is a person who, in accordance with this regulation, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation , to own and (or) use foreign financial instruments, shall be terminated within three months from the date of entry into force of this provision.
4. The persons specified in Article 2 of this provision, when submitted in accordance with federal constitutional laws, Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption"), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature indicate information about the immovable property belonging to them, their spouses and minor children, located outside the territory of the Russian Federation, about the sources of obtaining funds, for the account of which the specified property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses and minor children.
Citizens claiming to fill (occupy) the positions specified in clause 2 of this provision, when submitting information in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation on income, property and liabilities of a property nature, in addition to the information provided for in clause 4, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, and also information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses and minor children.
A citizen, his spouse (spouse) and minor children are obliged, within three months from the date of replacement (occupation) by a citizen of the position specified in paragraph 2 of this regulation, to close accounts (deposits), to stop storing cash and valuables in foreign banks located behind outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
5. The basis for making a decision to verify compliance by a person who, in accordance with this regulation, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter - verification) is sufficient information that the specified person does not comply with this prohibition.
The information specified in clause 1 may be submitted in writing in accordance with the established procedure:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local self-government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local self-government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law, which are not political parties;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
5) Information of an anonymous nature cannot serve as a basis for making a decision to carry out an inspection.
6. The decision to carry out an inspection is made by an official authorized to make a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The decision to carry out an inspection is made in the manner prescribed for making a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The inspection is carried out in the manner and terms that are provided for the verification of the person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
7. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
When carrying out an inspection, the bodies, divisions and officials specified in paragraph 1 are entitled to:
1) conduct, on his own initiative, a conversation with the person specified in paragraph 2 of this provision;
2) study additional materials received from the person specified in paragraph 2 of this provision, or from other persons;
3) receive from the person specified in clause 2 of this provision, explanations on the information and materials provided by him;
4) send, in the prescribed manner, inquiries to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local self-government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states on the information they have about the availability of persons who, in accordance with this regulation, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments , accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. Powers of bodies, divisions and officials specified in paragraph 1
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of organizations located on the territory of the Blagoveshchenskoye rural area, who received the request provided for in paragraph 4, are obliged to organize its implementation in accordance with federal laws and other regulatory legal acts of the Russian Federation and submit the requested information in the prescribed manner.
8. The person referred to in paragraph 2 of this provision, in connection with the verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments is entitled to:
1) give explanations, including in writing, on issues related to the implementation of the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to the body, division or to the official specified in part 1 of clause 7 of this regulation to hold a conversation with him on issues related to the implementation of the audit. The petition is subject to mandatory satisfaction.
9. The person specified in clause 2 of this provision, for the period of verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located behind outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments may, in the prescribed manner, be removed from the position being replaced (occupied) for a period not exceeding sixty days from the date of the decision to carry out an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of suspension from the replaced (occupied) position, the salary for the replaced (occupied) position is retained.
10 Failure by the person specified in clause 2 of this provision, his spouse and (or) minor children to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) using foreign financial instruments entails early termination of powers, dismissal from the position being replaced (occupied) or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person in question.
Bills Bill 220675-6
Bill 220675-6 On the prohibition of certain categories of persons
On the prohibition of certain categories of persons to open federations, own and (or) use foreign financial
from the President of the Russian Federation
07.05.2013
Bill number: | 220675-6 |
Date of introduction of the bill to the State Duma: | 12.02.2013 |
Address of the page of the bill in ASOZD: | http://sozd.parlament.gov.ru/bill/220675-6 |
Responsible committee: | |
Profile committee: | State Duma Committee on Security and Anti-Corruption |
Co-Executive Committee: | Financial Market Committee of the State Duma |
Status / Phase Change Date: | 07.05.2013 |
Bill status: | Passage of the law by the President of the Russian Federation |
Bill status phase: | Consideration of the law by the President of the Russian Federation |
Decision adopted (wording): | the law is signed |
Solution Document Type: | the federal law |
Name of the decision document: | 79-FZ |
Bill type: | the federal law |
Subject of legislative initiative: | RF President |
Stages of consideration:
Transcript to Bill No. 220675-6 On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments
Meeting date 24.04.2013 , meeting number 95 , lines in the transcript 6467
about the project federal law No. 220675-6 "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments."
Consideration stage: Consideration of the draft law in the third reading
1135
1137 I ask you to consider the 4th and 5th issues of the agenda together, with one report.
(each line contains the line number from the transcript to the bill)
1198 Ernest Abdulovich Valeev proposes to consider the 4th and 5th questions with one
1199 report. Do we agree? Thanks.
(each line contains the line number from the transcript to the bill)
1298 4th question, the draft federal law "On the prohibition of certain categories of persons
1299 open and have accounts (deposits), keep cash and
1300 valuables in foreign banks located outside the territory
1301 Of the Russian Federation, own and (or) use foreign financial
1302 instruments. "Ernest Abdulovich ...
1304 EA VALEEV And immediately the 5th.
1306 CHAIRMAN. And the 5th question, the draft federal law "On the introduction
1307 changes in selected legislative acts Of the Russian Federation in connection with
1308 the adoption of the Federal Law "On the prohibition of certain categories of persons to open and
1309 have accounts (deposits), keep cash and valuables in
1310 foreign banks located outside the territory of the Russian
1311 Federation ... ".
1313 Ernest Abdulovich Valeev, please.
1315 Turn on the microphone on site.
1317 VALEEV E. A. Presidential bill "On the prohibition of certain categories of persons
1318 open and have accounts (deposits), keep cash and
1319 valuables in foreign banks ... own and / or use foreign
1320 financial instruments ", as well as a bill introduced by the deputies,
1321 which amends twenty-one federal laws and Labor
1322 the code in connection with the adoption of the presidential law, were considered in the second
1324 reading. All procedures have been completed, there are no comments. It is proposed to accept
1325 bills in the third reading.
1327
1329 Will there be performances based on? Please sign up.
1331 Turn on recording mode.
1333 Show the list.
1335 FROM THE HALL. (Can not hear.)
1337 CHAIRMAN. Yes, I see there are two speeches from the Communist Party faction, but
1338 according to two laws. Let's take this into account, let's take it into account, thanks.
(each line contains the line number from the transcript to the bill)
4923 The next - the 4th question, the draft federal law "On the prohibition of certain
4925 funds and valuables in foreign banks located outside
4926 the territory of the Russian Federation ... ". Lokot Anatoly
4927 Evgenyevich.
4929 Anatoly Evgenievich, please.
4931 Lokot A. E. Dear deputies, the Communist Party faction will certainly support this
4932 the bill, since its relevance, in our opinion, is very high. We
4933 we fight corruption, we have had this campaign for several years,
4934 for almost ten years, we have been struggling with the withdrawal of our funds abroad, and in this
4935 sense, of course, the relevance of the law, as I said, is very high. except
4936 Moreover, the influence of the West on our management level is also important
4937 aspect, and this issue is also partly solved by this bill. This, more
4938 I repeat once again, of course, an anti-corruption measure. Moreover, if our
4939 ministers, deputies, members of the Federation Council keep money here, with us, in
4940 Russian banks, means, economic situation stable. But this and
4941 a certain precedent: we are probably for the first time prescribing, one might say,
4942 prohibitive regulatory measures not for citizens, not for the country, but for oneself
4943 first of all.
4945 This is definitely positive sides this bill, but he has,
4946 of course and negative sides... I want to remind you that on the first reading in
4947 this bill was not only about finance, not only about accounts, but also
4948 on property, after the second reading the provisions on property have disappeared,
4949 and in this regard, of course, the bill has become much weaker.
4951 In addition, here we are talking about individuals and it's right as I already
4952 said, but what about legal entities? Hear what the Chairman is talking about
4953 Of the Government of the Russian Federation (he spoke about this here when
4954 the government's report was heard, he spoke about it in an interview):
4955 public corporations used financial schemes in which there were
4956 Cypriot banks are involved, it became known after the collapse of the banking
4957 systems in Cyprus. How can it be, what is it ?! In general, I believe
4958 that this is a very serious statement, this is a statement of the second person in the country, and it
4959 should become the subject of close study, including by us, the deputies,
4960 relevant authorities, it is necessary to determine how legitimate these
4961 schemes and can they be used at all. That is, it turns out that the physical
4962 persons cannot keep funds abroad, and state corporations,
4963 to whom we have handed colossal budget resources, hundreds of billions
4964 rubles, it turns out, you can withdraw there! Surely this do them
4965 it is forbidden!
4967 We have a country of innovators, we have a country of undoubtedly talented people,
4968 and, as far as the fulfillment of any law is concerned, workarounds may appear.
4969 There are workarounds here, in this bill, I don't want to
4970 say so as not to create, so to speak, a precedent, but nevertheless we
4971 we believe that this is a step in the right direction, this is the right vector, and we
4974 CHAIRMAN. Thanks.
4976 Anatoly Borisovich, are you speaking on the 4th question or on the 5th? Two at once?
4978 Anatoly Borisovich Vyborny, please.
4980 Turn on your microphone.
4982 VYBORNY A. B., "UNITED RUSSIA" faction.
4984 Dear Sergey Evgenievich, dear colleagues! Faction "UNITED RUSSIA"
4985 supports the bills under consideration. Why? In fact, this is the answer to
4986 public request for the development of transparency of the institution state power.
4987 The adoption of these laws will serve, firstly, to strengthen the national
4988 security of the Russian Federation, and secondly, streamlining the lobbying
4989 activities, thirdly, increasing investment in national
4990 economy, but most importantly - their adoption will serve to increase efficiency
4991 anti-corruption.
4993 The bills are fully consistent with the logic of the development of anti-corruption
4994 legislation. The proposed restrictive measures are due to the high
4995 corruption risk. This is due to the activities of a special category of persons,
4996 who, on duty, make decisions that affect interests
4997 sovereignty and national security of the Russian Federation. What matters is that
4998 the proposed mechanism for monitoring compliance with the established prohibition is built in
4999 to the system of control over the income and expenses of officials provided for by the current
5000 anti-corruption legislation.
5002 Thus, the bills: a) comply with the Constitution of the Russian
5003 Federation; b) correspond to the national interests of Russia; c) improve
5004 legal regulation combating corruption in our country.
5006 For these reasons, the UNITED RUSSIA faction supports bills and
5007 invites them to be adopted in third reading.
5009 CHAIRMAN. Thanks.
5011 I am putting this bill, item 4 of the agenda, to the vote.
5015 Show the results.
5020 Abstained 1 person 0.2%
5023 Result: accepted
5025 The law has been passed.
5027 5th item of the agenda, the draft federal law "On Amendments to
5028 certain legislative acts of the Russian Federation in connection with the adoption
5029 Federal Law "On the prohibition of certain categories of persons to open and have
5030 accounts (deposits), store cash and valuables in foreign
5031 banks located outside the territory of the Russian Federation ... ".
5033 Based on Sergey Vladimirovich Ivanov.
5035 S. IVANOV Dear colleagues, these bills that we are now
5036 we accept, they say one thing: the homeland is in danger, and in terrible danger,
5037 because if you have read the Constitution, you know that there are rights and freedoms
5038 a person and a citizen who cannot be limited under any
5039 conditions, except that the adoption of a new Constitution, there are rights and freedoms
5040 a person who can not be limited not in an emergency
5041 provisions. These restrictions that we now accept cannot be
5042 adopted not in a state of emergency, and what does this mean, what
5043 do we accept these restrictions? This suggests that the country is in an emergency
5044 position!
5046 For example, I personally did not know that we had adopted a law on lobbying
5047 activities. If I'm wrong, tell me, is it accepted or not?
5049 FROM THE HALL. (Can not hear.)
5051 IVANOV S. V. No, not accepted. And in explanatory note write that
5052 bills are adopted in order to streamline lobbying activities, -
5053 ok, huh? That is, it is not necessary to bring it to the West, it is only necessary to bring it here,
5054 and no one understands by what rules. Well done, great!
5057 government and authorized bodies, - the president directs to the West
5058 a list in which absolutely everything, from a tiny deputy to the president himself,
5059 and says: "Guys, keep an eye on these comrades." And note: those
5060 who works abroad, who is appointed by the president, you can keep money for
5061 foreign accounts to make it easier to bribe - this please, guys,
5062 keep to your health!
5065 do not fit. Here are St. Petersburg and Moscow - restrictions apply here,
5066 since these are subjects of the Federation, and keep all the rest in good health,
5067 guys, at least protect yourself! I'm not talking about adult children, dads,
5069 be, even a ban to establish so as not to have any children or relatives, well
5070 nobody, huh? In general, there will be complete security - crystal honest, clean
5071 a person who works for an unknown reason!
5074 the president - he is the guarantor, he is responsible for everything. And here something like this
5075 it turns out that candidates for deputies, for senators are obliged to close all accounts,
5076 completely destroy everything, show: I am clean, and if it turns out
5077 the opposite is everything, abdication. Okay, but what about the president?
5078 The presidential candidate will not be registered, but if it turns out that
5079 the incumbent had accounts, then how? In the bill about this too
5080 says nothing, somehow strange.
5082 That is, it turns out, by and large, that the Constitution is violated by
5083 all articles, the independence of the authorities from one another - legislative,
5084 judicial and executive - completely down the drain! For these
5085 Comrades, we are now voting on the bills! Well maybe it's us
5086 will save you from the danger that hangs over our country.
5088 CHAIRMAN. Thanks.
5092 FROM THE HALL. (Can not hear.)
5094 CHAIRMAN. And, Nikolai Vasilyevich, did he offend you?
5096 Nikolai Vasilievich Kolomeitsev.
5098 Nikolai Vasilievich has not performed for a long time. Sorry.
5100 Please.
5102 N. V. KOLOMEYTSEV Dear Sergey Evgenievich, dear colleagues! Well you
5103 you know, unlike Sergei Vladimirovich, I support the concept of this
5104 the bill, but again I would like to make some significant, with our
5105 point of view, comments.
5107 Look: for state corporations, we are with you at the suggestion of either from here, or from there
5108 adopted special laws, where they completely deprived themselves of any control functions,
5109 having given colossal budgetary funds, hundreds of billions, well, let's say, to everyone
5110 famous and beloved Anatoly Borisovich Chubais, together with
5111 We gave 232 billion rubles under state guarantees, do you understand? These are colossal
5112 money, almost twice as much as allocated for all agriculture
5113 our big and cold country, but there is no gu-gu about the state corporation,
5114 do you understand? And this despite the fact that state corporations are taken out not only to offshore
5115 public funds, they themselves also salaries identified!
5116 Let's say, at Chubais, in "Rusnano" average salary 430 thousand, you can yourself
5117 imagine? They settled well: without answering for anything, they took money
5118 state, put on deposit and on deposit, doing nothing, 20
5119 get billions - Delhi, go to New Zealand, shoot films, be PR, but
5120 to the state, except for harm, nothing, do you understand? Cars take, for 1 million 800
5121 thousand one car is rented per month! There are many wealthy people here who
5122 know that in three months you can buy a normal car and drive - pay
5123 just for the gas station. They spend 600 million on security, can you imagine?
5124 And you have deprived us of the opportunity to control state corporations. Moreover, even
5125 when a hundred deputies plucked up courage, patience and signed under the request
5126 to the Accounts Chamber, they began, so to speak, to twist their arms and the Accounts Chamber -
5127 they say, such things cannot be voiced. And there are also billions, tens
5128 billions of rubles were withdrawn to the same offshore companies under the talk that there
5129 develop new technologies, then bring them and make Russia happy. Who is in this
5130 believes? Nobody. But there are no state corporations here.
5132 We believe that, in principle, the law should be passed, but it should not be castrated,
5133 do you understand? In your first reading it was about property - I think that the one
5134 who removed this provision, probably decided that since there are no accounts, then the property
5135 you cannot serve, but adult children can still do it.
5136 It seems to me that, in fact, this law is a typical mass grave. Why?
5137 Because there are several laws here, and it will be necessary to introduce
5138 amendments, be sure to keep in mind the property and be sure to provide
5139 full control of state corporations ... (The microphone is disabled.)
5141 CHAIRMAN. Thank you, Nikolai Vasilievich. Are you ready yourself
5142 sacrifice.
5148 Show the results.
5153 Abstained 0 people 0.0%
5156 Result: accepted
5158 The law has been passed.
Meeting date 19.04.2013 , meeting number 93 , lines in the transcript 7354
On the draft federal law No. 220675-6 "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" ( adopted in the first reading on February 22, 2013 with the title "On the prohibition of certain categories of persons to open and have accounts (deposits), store issuers").
Consideration stage: Consideration of the bill in the second reading
(each line contains the line number from the transcript to the bill)
2246 10th question, the draft federal law "On the prohibition of certain categories of persons
2247 open and have accounts (deposits), keep cash and
2248 valuables in foreign banks located outside the territory
2249 Of the Russian Federation, own and (or) use foreign financial
2250 instruments ", second reading. Report of the Vice-Chairman of the Committee on
2251 security and anti-corruption Ernest Abdulovich Valeev.
2253 Please.
2255 EA VALEEV, "UNITED RUSSIA" faction.
2257 Dear Alexander Dmitrievich, dear deputies! Your attention
2258 a bill is proposed "On the prohibition of certain categories of persons to open and
2259 have accounts (deposits), keep cash and valuables in
2260 foreign banks located outside the territory of the Russian
2261 Federation, own and (or) use foreign financial
2263 the title "On the prohibition of certain categories of persons to open and have accounts
2264 (deposits), keep cash in foreign banks,
2265 located outside the territory of the Russian Federation, and have valuable
2266 securities of foreign issuers ".
2268 The bill received fifty-seven amendments, of which fourteen
2270 the adoption of an amendment aimed at expanding the circle of persons in respect of whom
2271 the ban applies to the introduction of a ban on the storage of all valuables, not
2272 only cash.
2274 I propose to approve the amendment tables.
2276 CHAIRMAN. Thanks.
2278 Are there any questions about Amendment Table 1? No.
2284 Show the results.
2289 Abstained 0 people 0.0%
2292 Result: accepted
2294 Accepted.
2296 Are there any questions about Amendment Table 2? No.
2302 Show the results.
2307 Abstained 0 people 0.0%
2310 Result: accepted
2312 Accepted.
2314 Switch on the microphone in the center podium.
2316 E. A. VALEEV There are no comments from the Legal Department, the committee recommends
2317 the bill in the second reading.
2319 CHAIRMAN. Not in third reading yet?
(each line contains the line number from the transcript to the bill)
5817 Clause 10, the draft federal law "On the prohibition of certain categories of persons
5818 open and have accounts (deposits), keep cash and
5819 valuables in foreign banks located outside the territory
5820 Of the Russian Federation, own and (or) use foreign financial
5821 tools ".
5825 Show the results.
5830 Abstained 0 people 0.0%
5833 Result: accepted
5835 Accepted.
Meeting date 22.02.2013 , meeting number 81 , lines in the transcript 6237
On the draft federal law No. 220675-6 "On the prohibition for certain categories of persons to open and have accounts (deposits), keep cash in foreign banks located outside the territory of the Russian Federation, and have securities of foreign issuers."
Consideration stage: Consideration of a bill in the first reading
(each line contains the line number from the transcript to the bill)
3185 So, the 22nd question, the draft federal constitutional law "On the introduction
3186 amendments to Article 11 of the Federal Constitutional Law "On the Government
3187 Of the Russian Federation. "And at the same time the 23rd question, the draft federal law
3189 cash in foreign banks located outside
3190 the territory of the Russian Federation, and have securities of foreign
3191 issuers ". One report on these projects will be made by Garry Vladimirovich Minkh.
3193 Harry Vladimirovich, please.
3195 MINKH G.V., Plenipotentiary Representative of the President of the Russian Federation in
3196 The State Duma.
3198 Dear Sergei Evgenievich, dear deputies of the State Duma! Your
3199 attention is presented to two bills introduced by the President of the Russian
3200 Federation. In addition, substantively, this problem is closely related to
3201 rather voluminous amendments, which were also made by the President in
3202 The State Duma to the bill, which has already been adopted in the first reading and
3203 intersects thematically with the package about which we will be with you today
3204 talk. All these draft laws are aimed at solving one very important and
3205 a very serious task - the fight against corruption. I want to remind you that during
3206 time of submission of its annual message to the Federal Assembly
3207 Russian Federation in December 2012 Vladimir Vladimirovich asked
3208 support legislative proposals to restrict the rights of politicians and
3209 officials to foreign accounts, securities and shares, and this is what
3210 the bills considered today are devoted.
3212 I'll start with the second bill. This is a separate draft of the federal law "On
3214 cash in foreign banks located outside
3215 the territory of the Russian Federation, and have securities of foreign
3216 issuers. "This bill, as its name suggests, prohibits
3217 persons who, on duty, make decisions affecting issues
3218 sovereignty and national security of the Russian Federation, as well as their
3219 spouses and minor children, open and have accounts (deposits),
3220 keep cash in foreign banks located behind
3221 outside the territory of the Russian Federation, and have state valuable
3222 securities of foreign states, bonds and shares of other foreign issuers
3223 on the right of ownership. Prohibition, as expressly provided for in the draft law,
3224 established in order to ensure the national security of the Russian
3225 Federation, streamlining lobbying activities, increasing investment
3226 funds in the national economy.
3228 The draft law defines the circle of persons who are affected by this prohibition: these are persons who
3229 who fill public offices of the Russian Federation, these are persons
3230 who fill the positions of the first deputy and deputies of the General
3231 Prosecutor of the Russian Federation, positions of members of the Board of Directors
3232 Of the Central Bank of Russia, government positions of the subjects of the Russian
3233 Federation, positions of the federal public service, appointment to
3234 which and exemption from which are carried out by the President of the Russian
3235 Federation, the Government of the Russian Federation or the Prosecutor General
3236 Of the Russian Federation, as well as those persons who fill positions in
3237 state corporations, foundations and other organizations created on the basis of
3238 federal laws, also the appointment and exemption from which
3239 carried out by the President or the Government of the Russian Federation, as well as
3240 spouses and minor children of these persons. An exception is provided
3241 only for those who fill relevant positions in diplomatic
3242 missions, consular offices and other official
3243 representations of the Russian Federation, official representations
3244 federal executive bodies outside
3245 the territory of the Russian Federation.
3247 The indicated persons that I am talking about, in case they now have these accounts,
3248 the corresponding shares and property are obliged to close the account (deposit), terminate
3249 storage of cash in a foreign bank and carry out
3250 alienation of securities of foreign issuers. In case of violation of the specified
3251 prohibition, there are legal consequences such as early termination
3252 powers of a member of the Federation Council, deputy of the State Duma, deputy
3253 legislative (representative) body of state power of the subject
3254 Of the Russian Federation, a federal judge or exemption from the
3255 positions on the basis, which is formulated as follows: in connection with the loss of confidence.
3257 The bill provides for a procedure for declaring immovable
3258 property that is located outside the territory of the Russian Federation, with
3259 the obligatory indication of the sources of receipt of those funds due to which it is
3260 the property was purchased. The bill also provides for a procedure
3261 verification of compliance by those persons of whom I spoke, established
3262 prohibition. These procedures, in essence, repeat those provided for
3263 exercising control over the conformity of expenses to income of persons replacing
3264 government positions (we recently adopted the corresponding federal
3265 law), or to check the accuracy and completeness of information on income,
3266 property, property obligations - this procedure
3267 established by the decree of the President of the Russian Federation.
3269 Compliance checks can start on statements of sufficient
3270 a wide range of individuals and organizations, but including - and this is a novel - by
3271 information provided by the Central Bank or credit
3272 organization, since we are talking about accounts. This, I repeat, is a short story, which
3273 was not there before.
3275 The provisions contained in this bill suggest adjustments
3276 a number of federal laws, as well as the Federal Constitutional Law
3277 "On the Government of the Russian Federation". And those changes that are made to
3278 this federal constitutional law, provide for a ban for members
3279 government to open accounts and have related property of which I
3280 spoke abroad. The prohibition also applies to their spouses and
3281 minor children. Monitoring compliance with the established prohibition
3282 by these persons will be carried out in the manner that will be provided
3283 by decrees of the President of the Russian Federation.
3285 And the corresponding corresponding changes are proposed to be made in a number of
3286 federal laws, there are only seventeen of them, I will not name all of them, I will name
3287 only one of them is the Federal Law "On the Status of a Member of the Federation Council
3288 and the status of a deputy of the State Duma ... ".
3290 As already mentioned, the changes that I am talking about are provided for
3291 presidential amendments to the bill, which had already been passed in the first
3292 reading, but today this is not the subject of our consideration, I just think that
3293 we need to know about these proposals and see how we will this situation
3294 regulate as a whole, comprehensively.
3296 These are the main provisions of those bills that we are considering. I beg
3297 support the presidential initiatives and adopt the draft in the first reading
3298 federal law, and the draft federal constitutional law to approve in
3299 first reading.
3301 Thank you for the attention.
3303 CHAIRMAN. Thanks.
3305 Irina Anatolyevna Yarovaya.
3307 I. A. YAROVAYA, Chairman of the State Duma Committee on Security and
3308 anti-corruption, UNITED RUSSIA faction.
3310 Dear colleagues, the legislative initiative introduced by the President is dedicated to
3311 protection of national interests, ensuring national
3312 security, counteraction to unfair lobbying and corruption
3313 behavior. Detailed report made by Garry Vladimirovich,
3314 in fact, it answers the question of which circle of subjects
3315 direct prohibitions apply. Direct prohibitions are mandatory
3316 performance, and above all we are talking about the choice of a model of behavior by a person who
3317 replaces the corresponding public office.
3319 I want to draw your attention to the fact that in the list of government positions,
3320 in respect of whom a direct prohibition is established, we are talking about persons who
3321 by virtue of their competence are associated with making decisions that ensure
3322 national security and the implementation of national public policy.
3323 As a matter of fact, these are direct requirements for the profession, and for any official
3324 persons in this regard, there are direct obligations or to fulfill direct
3325 bans for three months, or vacate the current position. Therein
3326 if the subject, for some reason, does not intend to perform these
3327 obligations either hide information, distort information, come completely
3328 specific legal consequences that are no longer related to exemption from
3329 positions, and with dismissal from office due to loss of confidence.
3331 As for the elected officials. This is undoubtedly the most important
3332 the principled position of the bill introduced by the president. This is about
3333 the fact that those who make political decisions - and you are very good
3334 you know that these decisions directly affect the implementation of the state
3335 national policy, economic security, social security
3336 our citizens - must have appropriate obligations and to
3337 The Russian Federation, and to the citizens of Russia, therefore the requirement for
3338 early resignation is quite logical and correlates with the requirement for
3339 other officials.
3341 Dear colleagues, very important norms on which attention was focused
3342 Garry Vladimirovich, - the control procedure and the initiation of an audit. You
3343 remember that the cost control procedure already includes a very serious
3344 mechanism of openness and publicity, namely the ability to communicate information,
3345 requiring further verification by public organizations,
3346 political parties, the Public Chamber, federal funds
3347 mass media. In this case, taking into account the specifics of the subject
3348 regulation and control features by the president is also proposed
3349 provide an opportunity to the Central Bank and credit institutions to communicate
3350 information that can be a signal and basis for conducting
3351 appropriate verification. In addition, for the implementation of the control procedure, with
3352 taking into account, again, the specifics of the subject of control, it is proposed to give the opportunity
3353 inquiries and foreign organizations to receive
3354 relevant information.
3356 Dear colleagues, it is very important that today this legislative initiative
3357 is considered in the package with amendments to the Federal Constitutional Law "On
3358 The Government of the Russian Federation "and with the parliamentary initiative which
3359 we reviewed earlier and adopted on first reading. The President prepared a very
3360 serious amendments to this legislative initiative, and this is now
3361 in fact, a single block of relevant legal regulation.
3363 Undoubtedly, the measures that are being proposed today have a very serious
3364 meaning both for the reputational cleansing of power, and in the future for changing
3365 requirements for the motivation of joining the civil service and for substitute
3366 relevant government positions. Real estate like you
3367 remember, in the Address of the President of the Russian Federation it was absolutely clear
3368 it is said that all information about the property must be declared and
3369 must be open. The need to confirm the sources of acquisition
3370 foreign real estate, regardless of the value of the objects - absolutely
3371 a fair demand, it relates not only to the tasks of monitoring
3372 expenses, but also for other purposes - for purposes related to avoiding
3373 conflicts of interest, unfair lobbying and possible
3374 abuse.
3376 The Security and Anti-Corruption Committee supports this
3377 legislative initiative. We, dear colleagues, are absolutely sure that
3378 that you share the position of the president, we hope to work with you to prepare
3379 this package of initiatives for consideration in the second and third readings.
3381 CHAIRMAN. Thanks.
3383 Do the deputies have questions?
3385 Yes, I beg your pardon, I almost deprived Vladimir Nikolaevich of his word. Vladimir
3386 Nikolaevich, please, I invite you to the microphone.
3388 VN PLIGIN Dear Sergey Evgenievich, dear colleagues! I will be utterly
3389 brief, since Harry Vladimirovich and Irina Anatolyevna in detail
3390 settled on the bill.
3392 Amendments to the Federal Constitutional Law "On the Government
3393 Of the Russian Federation "is a logical continuation of the changes that
3394 are introduced into federal law. The bill envisages supplementing
3395 a list of restrictions associated with being a member of the Government
3396 Of the Russian Federation, establishing a ban on members of the Government of the Russian
3397 Federation, their spouses and minor children to open accounts
3398 (deposits), keeping cash in foreign banks,
3399 located outside the territory of the Russian Federation, possession
3400 government securities of foreign states, bonds and
3401 shares of other foreign issuers on the basis of ownership. Control for
3402 compliance with the established prohibition by these persons will be carried out in
3403 in the manner prescribed by the decrees of the President of the Russian Federation.
3405 The Committee considers this draft federal constitutional law
3406 consistent with the Constitution of the Russian Federation, supports the general
3407 the concept of the bills introduced by the President of the Russian Federation and
3408 invites the State Duma to approve it in the first reading.
3410 Dear colleagues, in fact, we could stop at this, but
3411 I would like to draw your attention to Vladimir's speech at the same time.
3412 Abdualievich Vasiliev this morning. Vladimir Abdualievich - I am completely
3413 I share his position - he said that we are not talking about some kind of deviant
3414 behavior that allegedly took place is in no way simply presented
3415 new requirements, a number of requirements simply change in this situation. We
3416 should respect what individuals have achieved in their lives in
3417 previous period time, their behavior was fully consistent with the Russian
3418 legislation. This is the first thing.
3420 Second. To comply with the provisions of this federal law and those
3421 proposals that are being made now, in a number of cases, separate
3422 officials propose to create new control or law enforcement
3423 organs. It seems to me that in the Russian Federation there are enough
3424 developed control system, there are a sufficient number of organs that
3425 are engaged in law enforcement, and therefore on the creation of new bodies that supposedly
3426 additionally should be engaged in some more substantive research, in
3427 particular financial activities, it is unlikely that there should be a speech, including with
3428 savings point of view public funds, and also, I emphasize again, with
3429 taking into account the adequacy of the personnel component and the operational component in order to
3430 to investigate related issues.
3432 Thank you very much for your attention.
3434 CHAIRMAN. Thanks.
3436 Turn on the recording mode for questions about the report and co-report, please.
3438 Please sign up.
3440 Show the list.
3442 Eighteen people. Two from the faction?
3454 2 people abstained 0.8%
3457 Result: accepted
3459 Accepted.
3461 The first to ask a question from the Communist Party faction is Nikolai Vasilyevich Kolomeytsev.
3463 N. V. Kolomeytsev Thank you.
3465 Dear Harry Vladimirovich, please tell me: for example, there were
3466 reports that deputy prime ministers, ministers and their wives have apartments in
3468 months of their wives or they will not sell these apartments and acquire similar
3469 in Moscow, then they all have to write a letter of resignation from the government? V
3470 the Duma commission, the affairs of fifty people have already been considered, and now,
3471 it turns out, should they be disassembled in a new way? And again we will send in batches
3472 deputies on the way out, right?
3474 MINKH G.V. Dear Nikolai Vasilievich, in those bills about which we
3475 we are talking about cash accounts and stocks - for the sake of brevity I will call it that.
3476 All properties will need to be declared and sources indicated
3477 receipts of funds for which this property was acquired, so you
3478 interpret the text a little more broadly.
3480 CHAIRMAN. Thanks.
3482 Dmitry Yurievich Nosov.
3484 D. Yu. NOSOV, LDPR faction.
3486 Dear colleagues, the question is this. For example, the respected deputy Zhirinovsky
3487 someone wants to compromise and every day opens abroad in his name
3488 an account that Vladimir Volfovich will then have to close. Or let's say
3489 enemies persuade the deputy's wife to secretly set up an account abroad,
3490 but the deputies cannot control all the actions of their spouses. As with
3491 this be - maybe introduce some clarifications or some other
3492 a procedure concerning relatives, but not the deputy himself? Harry
3493 Vladimirovich, how does the law look at this?
3495 MINKH G.V. Dear Dmitry Yurievich, I do not exclude the situation that the enemy
3496 sneak up on Vladimir Volfovich himself and convince him by fooling his head
3497 (which is impossible in principle), open an account abroad, but this, of course, is a joke.
3498 But seriously, then, understanding all the same high level responsibility of tasks and
3499 issues that we are solving - and dear colleague Vladimir Volfovich
3500 Zhirinovsky, you and all of us - I think we need to carry out preventive work with
3501 yourself, with your spouses and minor children.
3503 CHAIRMAN. Thanks.
3505 Rafael Mirkhatimovich Mardanshin.
3507 R. MARDANSHIN, "UNITED RUSSIA" faction.
3509 Dear Harry Vladimirovich, to the number of persons who will be prohibited from having
3510 accounts with banks outside the Russian Federation, it is proposed to include and
3511 deputies of the legislative (representative) bodies of the constituent entities of the Russian
3512 Federation. As we know, there are two categories of deputies: those working for
3513 on an exempt basis and on an ongoing basis. So, please explain
3514 this law will apply to all deputies or only those who work for
3515 permanent basis?
3517 MINKH G.V. I answer briefly - everyone, because when discussing issues and
3518 making decisions, regardless of whether it is a full-time or a non-staff member,
3519 let's say they all have equal legal status in this regard, have
3521 sometimes there are much more freelance MPs than MPs working for
3522 on a permanent, professional basis.
3524 CHAIRMAN. Thanks.
3526 Oksana Genrikhovna Dmitrieva.
3528 OG DMITRIEVA, "A JUST RUSSIA" faction.
3530 We fully support the presented draft law of the President, but I have
3531 a question to the heads of our two committees, Irina Anatolyevna and Vladimir
3532 Nikolaevich.
3534 A bill on the Federal Financial Agency has just been adopted in the first reading, which
3535 offers to place mainly 5.4 trillion rubles abroad - this is
3536 balances of funds Reserve fund and the Fund national welfare... His
3537 employees will not be civil servants - this is a publicly traded
3538 society, it is also expected to attract foreign
3539 highly qualified experts. My question is: do you suppose on
3540 Rosfinagentstvo employees should also be subject to this
3541 law or not?
3543 CHAIRMAN. Irina Anatolyevna Yarovaya.
3545 I. A. YAROVAYA Dear colleagues, a list of those officials in relation to
3546 which there is a direct prohibition, is indicated. Based on the status again
3547 created bodies and institutions, the requirements that are now proposed
3548 the president, you need to correlate with the level of tasks, competence and responsibility
3549 these bodies.
3551 CHAIRMAN. Thanks.
3553 Sergey Nikolaevich Reshulsky.
3555 S. N. RESHULSKY, Communist Party faction.
3557 I have a question for Harry Vladimirovich.
3559 I am interested in the practical side of the matter, namely article 2 of the bill
3560 under the number 23 of the agenda. Here is a list of officials who are prohibited from
3561 to have these accounts and securities - there are six such categories. Tell,
3562 please, Harry Vladimirovich, what is the size of all these categories,
3563 how many persons does the ban apply to and does the author have
3564 of the bill (that is, the President of the Russian Federation) has data on which of
3565 of these officials have such accounts and securities?
3567 I just fear that such a rapid change could lead to
3568 collapse financial system Russian Federation. And how to implement
3569 foreign securities in three months is also a difficult issue. I think the law
3570 well designed, we will all support it, but here's how almost all of this
3571 will it work? How many do we have now ... (The microphone is muted.)
3573 CHAIRMAN. Harry Vladimirovich, please.
3575 MINKH G.V. Dear Sergey Nikolaevich, on your first question - I can
3577 lends itself to simple counting. The number of deputies of legislative
3578 assemblies of subjects, federal judges, federal parliamentarians, and so on
3580 name, but I will make the calculations and be sure to tell you the result.
3582 On the second question. You know that those persons who occupy the indicated
3583 positions or apply for their replacement, are obliged to submit information about
3584 what accounts and shares they own. In this case, we are talking about accounts
3585 in general, including abroad, and shares of foreign issuers are also included in
3586 list of property that the officials concerned are required to
3587 declare, therefore, this information in the overwhelming majority of cases
3588 is also already known.
3590 And the third. As for how the market will react to the emergence of a free
3591 circulation of such an array of shares of foreign issuers, then, I think, this is more
3592 an economic question. I don't think the cost of the respective organizations
3593 will collapse, will fall sharply if some
3594 the number of these shares. As for the amount of property that will be
3595 launched into civilian circulation, I think serious companies of this, probably,
3596 they won't even notice.
3598 CHAIRMAN. Harry Vladimirovich, there was another part of the question:
3599 do you think three months is enough time to sell? In the sale and purchase
3600 there must be a will of two parties - both the one who sells and the one who buys, and
3601 here on the second we will be able to influence little, right?
3603 MINKH G.V. Of course, that's why I pretended not to remember this part
3604 question ... (Animation in the hall.)
3606 CHAIRMAN. Thank you for your sincerity.
3608 MINKH G.V. In fact, this problem can only be assessed by experts, and
3609 of course, some serious object, if it is large, in a short time
3610 it will be quite difficult to implement. Plus, the technology of selling shares itself is not
3611 so simple, it's not a glass of sunflower seeds to sell, this procedure is still
3612 takes ...
3614 FROM THE HALL. (Can not hear.)
3616 MINKH G.V. I want to sell, not buy, Nikolai Vasilievich.
3618 I am really at a loss to answer this question. But the problems are quite
3619 probably in practice may arise. I think that this also needs to be discussed,
3620 at the same time, it may be worth talking with those of our colleagues who work
3621 in this sector and in the State Duma and in federal bodies
3622 executive branch and deals with securities, securities turnover.
3624 CHAIRMAN. Thanks.
3626 Sergey Vladimirovich Ivanov.
3628 Ivanov S. V. Garry Vladimirovich, well, this is not a problem, by the second reading you can
3629 prescribe: sell only to the Russian state, and at the price that
3630 offered, that's all.
3632 But in general, of course, the bill is interestingly written. Let's say there are words
3633 that if the person has not complied with the requirements for closing an account or selling
3634 papers, then it is obliged to terminate the powers of a State Duma deputy or a member of the Council
3635 Federation. But you and I know that the powers of a State Duma deputy are terminated.
3636 by the decision of the chamber, if he died, God forbid, or recognized
3637 absent. So it is somehow incorrectly written here.
3639 In general, my question is the following. Article 34 of the Constitution: everyone has the right to
3640 free use of their abilities and property for
3641 entrepreneurial and other economic activities not prohibited by law.
3642 Money, as you know, also belongs to property. And this article is not subject to
3643 revision even under martial law. Do you think correspond
3644 such prohibitions of the Constitution, in particular, this article?
3646 MINKH G.V. Certainly they do, dear Sergey Vladimirovich. I AM
3647 I suggest you read this article in conjunction with part 3 of article 55
3648 The Constitution of the Russian Federation, which stipulates that the restriction of rights
3649 citizens, perhaps for constitutionally significant purposes, and those goals that I
3650 today indicated that they just fall into this category constitutionally
3651 significant is national security. And the level of implementation of these prohibitions
3652 (also a requirement of part 3 of article 55) - federal law that we are with you and
3653 do.
3655 CHAIRMAN. Thanks.
3657 Gennady Vasilievich Kulik.
3659 G. V. KULIK Please tell me if you have at least an expert opinion, oh
3660 what amount can we talk about, what can we expect from the point of view
3661 that it will strengthen our banking system, and generally the economic
3662 system? About what amount of funds that are stored abroad are we talking about?
3663 going?
3665 MINKH G.V. There is no such assessment, Gennady Vasilievich, and in principle it is
3666 from the point of view of legal requirements it is impossible to carry out. Why? Because of
3667 of the circle of officials in question, only an insignificant part
3668 are persons who not only declare this property, but are also obliged
3669 publish information in this part; enough a large number of people from this
3670 does not have a list of such duties, therefore information about this is
3671 restricted information. In other words, here the estimates are expert
3672 will be given with such a scatter that, in fact, it will be a fortune-telling.
3674 CHAIRMAN. Thanks.
3676 Dmitry Gennadievich Gudkov.
3678 D. GUDKOV, "A JUST RUSSIA" faction.
3680 Dear Garry Vladimirovich, I also have a practical question. One of the most
3681 the young members of our government are Dmitry Anatolyevich Medvedev,
3682 whose son recently, as we know, came of age and entered the
3683 Russian university, with which the whole country congratulated him. Dmitry's colleagues
3684 Anatolyevich is much older: not only their children, but even grandchildren have already reached
3685 coming of age. Therefore, the fight against corruption ends exactly at that
3686 the moment when all these accounts are assigned to adult children and grandchildren.
3687 Well, probably then the only one who falls under this bill is
3688 Arkady Dvorkovich, who still has minor children, from which you can
3689 make, probably, the conclusion that someone is sharpening a grudge against him. How do you think,
3690 maybe it is worth expanding the list of relatives, adding at least
3691 adult children? Then we can really be more efficient
3692 fight corruption.
3694 MINKH G.V. Dear Dmitry Gennadievich, I think you do not know very well
3695 the composition of the government, because in particular there is a federal minister,
3696 who turned thirty not so long ago. Dmitry Anatolyevich in this
3697 In terms of man, let's say, is already quite mature.
3699 Well, seriously speaking, I must say that the expansion of the circle of persons is
3700 the direction you are talking about is a rather difficult problem.
3701 Why? Because adult children are not always in a relationship,
3702 let's say, controlled, communicative with their parents. What
3703 concerns the question that was asked by colleague Nosov from the Liberal Democratic Party, here and
3704 enemies are not necessary, it is enough to have minor children, and then you can
3705 potentially any subject falling under this law, let down, figuratively
3706 speaking, under the monastery. Therefore, this is not a solution to the problem. You just need to have in
3707 mind that sometimes the situation when minor children are much richer than their
3708 more adults
(each line contains the line number from the transcript to the bill)
3912 Dear colleagues, let me remind you that we are continuing to discuss paragraphs 22 and 23
3913 agenda. We have two speakers left. From the "UNITED RUSSIA" faction -
3914 Irina Anatolyevna Yarovaya.
3916 Please.
3918 I. A. YAROVAYA I believe that the LDPR faction will not take this as an extraordinary
3919 performance.
3921 Dear colleagues, today we are considering a very important bill.
3922 Various questions were heard in the hall, I think that there really was a meaning to them.
3923 ask, but only in a slightly different aspect - not emotionally, but if
3924 want, in the moral. Today there is a category of citizens who
3925 come to the territory of the Russian Federation to earn money, we call them
3926 migrant workers: they work and take out money to support their families for
3928 if he makes money in Russia and then takes it abroad? Probably,
3929 after all, the task of those who enter public office is to serve
3930 their country and their citizens and to link their interests and interests of their
3931 families with the future of Russia.
3933 We often talk about conflicts of interest, unfair lobbying,
3934 the possibility of even blackmail and pressure. Is it an instrument of such influence
3935 and pressure the presence of financial interest outside the territory of the Russian
3936 Federation? Undoubtedly, this is a deliberate threat. Do potential
3937 mistrust of those who, entering a public office, have a certain
3938 addiction? They call. But the question is not about mistrust, the question is about uniform rules,
3939 requirements and criteria. And there can be no personal, personified
3940 approach is general requirement, general rule, which is associated with the feature
3941 status, with a peculiarity of official competence, and, probably, from this you need
3942 come out.
3944 Then, dear colleagues, it is completely wrong to consider this
3945 the bill only from the point of view of those who are today on
3946 government positions. Legislative regulation provides
3947 perspective, provides, among other things, new approaches to the formation
3948 motivation for coming to public office, so we must understand
3949 that these are new, high-quality requirements, including for those who are only
3950 is going to enter the civil service.
3952 Dear colleagues, I would like to draw your attention to the list of subjects.
3953 You probably also noticed that all these subjects have access
3954 including classified information, information that is
3955 state secret... We have not discussed this aspect with you yet, but it was necessary
3956 would, because taking into account the availability of information that provides, including
3957 economic security our country, the question arises, is it possible
3958 to attract investments to Russia, if you yourself invest in other countries, in
3959 including those included in other military blocs. We did not touch on this topic at all, but
3960 it is necessary because the issue of national security is in the first place.
3961 Therefore, it is very wrong to interpret this only in the light of the fact that someone
3962 was engaged in a successful business, but someone did not do it - the question is not at all about
3963 this, the question is that today those who fill public positions,
3964 are associated with the predetermination of national policy and with protection including
3965 national and military interests. Let me remind you that these are persons who possess and
3966 special information, and special status, and there must be special requirements for them.
3968 Moreover, with regard to the issue of correlating moral categories,
3969 ethical categories with legal ones, then it is here that the president suggests that
3970 there was a complete coincidence of moral ideas and legal attitudes, so that
3971 there was no discrepancy between words and deeds. The position of deoffshorization of the economy has been declared.
3972 Is offshorization a problem for Russia today? Of course it is.
3973 Is this law a step towards solving this issue as well?
3974 Undoubtedly! Moreover, those who have previously been successfully engaged in business and have accumulated
3975 serious capital, there is a great opportunity to confirm the fact that he
3976 ready, being in a leading political position, not only to declare
3977 the future of Russia, but also to move their capital to The Russian Federation and so
3978 by doing so, among other things, to strengthen the Russian economy. In general, it is strange to imagine
3979 to himself that the employee can be in the role of Figaro and decide who and when he
3980 serve. You know that in the United States, when you become a citizen
3981 an oath is taken, an oath of allegiance to the country. We do not demand today from those
3982 who replaces these positions, oaths, but loyalty to their country, of course,
3983 should be, and this fact is quite obvious. Therefore, it is very important that
3984 today the president has proposed specific mechanisms, including for
3985 reputation confirmation of trust in the authorities - this is important today, it is
3986 important for the future.
3988 There were questions about what suddenly someone will behave
3989 in bad faith, third parties will be involved, and so on. You know,
3990 life shows and proves that everything secret sooner or later becomes
3991 explicit. In addition, the risks of disposing of their funds and placing them in
3992 the benefit of third parties can mean only one thing - that this subject in
3993 will lose everything overnight, because neither in judicial procedure then he didn't
3994 will confirm its right to this property, in no other, that is, not
3995 formally, not actually.
3997 With regard to real estate. The approach associated with the fact that
3998 all information must be disclosed. Here they talked about whether
3999 accounts for real estate maintenance. You know bills are needed for service
4000 only very expensive real estate, the maintenance of which can be
4001 comparable to annual income... That's just in order to, including
4002 this was not, and in order to avoid abuses associated with
4003 primary acquisition, it is proposed, in our opinion, a working and completely
4004 the correct scheme to confirm the good faith of the acquisition.
4006 Dear colleagues, together today, at the initiative of the President, we are doing
4007 another serious step towards the implementation of a systemic state policy in
4008 protection of national interests and in order to combat corruption. Of course,
4009 this is all predetermined by the fact that we are with you consistently, step by step
4010 we form a new legal culture and new systemic legislation. You
4011 you know, polls have shown that the vast majority of citizens support
4012 the initiative of the president, we are generally talking about popular confidence in this
4013 initiative. I believe that the actions of parliament can only be in one
4014 direction - support of the president and the level of trust of our citizens.
4016 CHAIRMAN. Thanks.
4018 From the LDPR faction - Zhirinovsky Vladimir Volfovich. Please.
4020 ZHIRINOVSKY V.V. All speeches from the LDPR faction aim to say something
4021 that for some reason others are afraid, or do not want to say, or do not know. We of course
4022 we will support this draft law, but not because the people want it. People
4023 ours will gladly support any slogan: now they will say to arrest everyone
4024 officials, deputies - and the people will support and will be glad to see how prisons
4025 overflow. And they will come here with pleasure, they will sit, nothing
4026 understanding, but they will say that at last there is a people's power again. These are the links
4027 we often do to the people, but the people do not live well, and they are happy, so
4028 say, with a feeling of joy he takes any blows on any echelon
4029 authorities, according to any official. Now everyone is watching with pleasure: now they will be arrested
4030 Serdyukov or not arrested? They don't think about how we could live better in general, but
4031 that's just: how much will they give, when they grab them, when they put the handcuffs on, how much
4032 mistresses, will these rings be given or will they not be given?
4034 Therefore, here you need a justification: why such a high level of corruption?
4035 This was done on purpose, in the open under Yeltsin they said: do not interfere,
4036 let them get rich soon. They were afraid of revenge, they were afraid that they would return
4037 communists to power, and there was every reason for this. Everything that has been done since the 91st
4038 on the 95th, - it was monstrous, it was the defeat of the whole country! I needed it sooner
4039 a layer of people who have a good life and who have a perspective, therefore
4040 removed all restrictions: come on, guys, take, buy, open accounts,
4041 the whole planet is yours! And from the inside they were allowed to do everything, and from there, outside: they gave
4042 credit, remember, in the 98th year - well, where is the $ 5 billion? Chubais first
4043 shouted: they gave us, they gave us, there will be no default! They gave you, officials who are there and
4044 left, all accounts there opened their own.
4046 It is right now that there is a struggle in order to cleanse the power, to renew,
4047 refresh, but we are hitting our citizens again - we first say:
4048 let's get rich, then we say: that's it, surrender your wealth. V
4049 this is the problem! I see that this is a well thought out operation: create conditions
4050 for total corruption in a young the Russian state, give money to
4051 bribery of officials, close your eyes to the fact that these financial flows go to
4052 favor of officials, not Russian economy, feed, cheer up,
4053 to support it financially and with real estate - buy, take everything there!
4054 Accounts will be opened instantly, everything will be sold, everything is easy there, and you try here
4055 buy something in Russia! This is the first moment like this.
4057 The second point, of course, is moral. If there were British dachas in Barvikha
4058 deputies, German, French, what would we think of them? What guys
4059 are preparing to come here, here they bought themselves good places to stay.
4060 Therefore, of course, if a high-ranking official has good dachas, apartments in
4061 beautiful European capitals, then there is only one thought: the comrade is going to leave.
4062 This property needs to be exploited, it needs to be maintained, it needs
4063 look after, and money also needs attention - where will he have time?
4065 Next moment. What to do now? Now we must create
4066 conditions so that the closure of accounts there, the sale of objects there was beneficial to them.
4067 Here is our bank, at least one, let's make the head, let it be 10
4068 interest, for example, on a deposit. Transfer all money from any banks
4069 world, put it in one bank, and here the state guarantees 10
4070 percent - there is no higher anywhere in the world, not even 8 percent, 2-3 and that's all, and even then not
4071 always, there is generally a minus when you keep money in some banks and more
4072 pay for it, you have no interest. And there must be a guarantee of secrecy - here
4073 then we will ensure a normal process, everyone will know: yes, there is money,
4074 but only he knows about it.
4076 What are we turning inside out? What will then be the elite of the Russian
4077 society? The person is sick, weak, lonely, without relatives, with a bunch of
4078 diseases, living in a boarding house, he has nothing, he is on the bus
4079 They bring them here, to the hall, and he votes blindly - that's it, a pure deputy! Well this is
4080 not good, there is no such thing anywhere! In America reached social politics before that
4081 level ... Who gets the most benefits? Black person. He is a one-legged invalid, he
4082 Muslim, he is a single father, he is unemployed and is a sexual
4083 minorities - he is entitled to five benefits. That's how it is in America. Why work?
4084 Stay at home, that's all. Он негр, вместо ноги - протез, и он без семьи, так сказать,
4085 sexual minority, he was once married, he has children, but they
4086 live with their grandmothers - and the American government gives him five benefits, five thousand
4087 dollars every month: rest! It turns out, a white Christian, healthy,
4088 married with a family, with children, should work for those who consider themselves to be
4089 all sorts of minorities. This is the wrong development paradigm! Where
4090 pushing society? And America has come to a complete degradation in this regard.
4092 I have already said many times: first you need to declare the zero option, declare
4093 general financial, economic, tax, land, migration,
4094 country house, any amnesty, forgive everything to everyone, absolutely everything, once and for all,
4096 gradually. And to announce in advance that high-ranking officials under no
4097 views should not have a single penny abroad and not a single object
4098 real estate, let everyone understand - it's better to keep everything here. But then I must
4099 to be guaranteed one hundred percent of the secrecy of the contribution. Yes, the house cannot be hidden, but
4100 Why do we give information to criminals: look who needs to be robbed !? AND
4101 after all, what will we come to - everyone will hide money, since they need it in banks
4102 declare and declare some income, everyone will hide money, and will
4103 robbery to go to dachas and apartments. And the money will leave the banks - we are the economy
4104 bleed.
4106 We need to think over everything. This is a well-conceived provocation so that Russia will always
4107 keep on half-bent: get rich - then give up, get rich again -
4108 hand over everything again! We need to think so that it does not get worse. We will support the law, but
4109 we need to think about not leaving us in the fools anymore.
4111 CHAIRMAN. Thanks.
4113 Dear colleagues, everyone who wanted to speak took the floor. Do you have a desire
4114 representative of the president? Harry Vladimirovich? No. Committees? No.
4115 Government? No.
4117 We are bringing these two bills, 22nd and 23rd, to the "voting hour".
(each line contains the line number from the transcript to the bill)
5085 Next, 22nd item on the agenda. I draw your attention, colleagues, that this is
5086 the draft federal constitutional law "On Amendments to Article 11
5087 Federal Constitutional Law "On the Government of the Russian Federation".
5088 The first reading is considered.
5092 Show the results.
5097 Abstained 1 person 0.2%
5100 Result: accepted
5102 Approved.
5104 Clause 23, the draft federal law "On the prohibition of certain categories of persons
5105 open and have accounts (deposits), keep cash in
5106 foreign banks located outside the territory of the Russian
5107 Federation, and hold securities of foreign issuers. "
5111 Show the results.
5116 Abstained 0 people 0.0%
5119 Result: accepted
5121 Adopted on first reading.