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It is registered

Ministry of Justice

Russian Federation

On March 21, 2018 No. 50436

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 28, 2017 No. 626-P

About assessment of financial position, about requirements to financial position and about the bases for recognition of financial position unsatisfactory the founders (participants) of credit institution and other persons provided by the Federal Law of July 29, 2017 No. 281-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of mandatory requirements to founders (participants), governing bodies and officials of the financial organizations"

(as amended of the Instruction of the Central bank of the Russian Federation of 27.02.2020 No. 5405-U)

This Provision based on part five, Item of 1 part of the sixteenth, part of the nineteenth Article 11, Items 6 and 7 of part one of article 14 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, Art. 3596; No. 30, Art. 4456; No. 31, the Art. 4754, the Art. 4830) (further - the Federal Law "About Banks and Banking Activity"), part nine Items 1 and 3 of Article 61, parts seven and the eighth article 76.9-2 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, the Art. 7562) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), the subitem 5 of Item 8 and paragraph one of Item 10.1 of Article 32. 1, paragraph two of Item 7 and paragraphs two and the fourth subitem 1 of Item 9 of article 32.10 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 56; Russian Federation Code, 1998, No. 1, Art. 4; 1999, No. 47, Art. 5622; 2002, No. 12, Art. 1093; No. 18, Art. 1721; 2003, No. 50, Art. 4855, Art. 4858; 2004, No. 30, Art. 3085; 2005, No. 10, Art. 760; No. 30, Art. 3101, Art. 3115; 2007, No. 22, Art. 2563; No. 46, Art. 5552; No. 49, Art. 6048; 2009, No. 44, Art. 5172; 2010, No. 17, Art. 1988; No. 31, Art. 4195; No. 49, Art. 6409; 2011, No. 30, Art. 4584; No. 49, Art. 7040; 2012, No. 53, Art. 7592; 2013, No. 26, Art. 3207; No. 30, Art. 4067; No. 52, Art. 6975; 2014, No. 23, Art. 2934; No. 30, Art. 4224; No. 45, Art. 6154; 2015, No. 10, Art. 1409; No. 27, Art. 3946, Art. 4001; No. 29, Art. 4357, Art. 4385; No. 48, Art. 6715; 2016, No. 1, Art. 52; No. 22, Art. 3094; No. 26, Art. 3863, Art. 3891; No. 27, Art. 4225, Art. 4294, Art. 4296; 2017, No. 31, the Art. 4754, the Art. 4830) (further - the Federal Law "About the Organization of Insurance Case in the Russian Federation"), the subitem 3 Items 1, paragraph one of Item 2 of Article 4. 1, paragraphs two and the fourth subitem 1 of Item 28 and paragraph two of Item 28.1 of article 7 of the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, No. 19, Art. 2071; 2001, No. 7, Art. 623; 2002, No. 12, Art. 1093; 2003, No. 2, Art. 166; 2004, No. 49, Art. 4854; 2005, No. 19, Art. 1755; 2006, No. 43, Art. 4412; 2007, No. 50, Art. 6247; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 29, Art. 3619; No. 48, Art. 5731; No. 52, Art. 6450, Art. 6454; 2010, No. 17, Art. 1988; No. 31, Art. 4196; 2011, No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7036, Art. 7037, Art. 7040, Art. 7061; 2012, No. 31, Art. 4322; No. 47, Art. 6391; No. 50, Art. 6965, Art. 6966; 2013, No. 19, Art. 2326; No. 30, Art. 4044, Art. 4084; No. 49, Art. 6352; No. 52, Art. 6975; 2014, No. 11, Art. 1098; No. 30, Art. 4219; 2015, No. 27, Art. 3958, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 41, Art. 47; No. 27, Art. 4225; 2017, No. 31, the Art. 4754, the Art. 4830) (further - the Federal Law "About Non-state Pension Funds"), the subitem 3 of Item 1 and paragraph one of Item 2 of Article 38. 1, paragraph two of Item 7 and paragraphs two and the fourth subitem 1 of Item 9 of article 38.2 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2004, No. 27, Art. 2711; 2006, No. 17, Art. 1780; 2007, No. 50, Art. 6247; 2008, No. 30, Art. 3616; 2009, No. 48, Art. 5731; 2010, No. 17, Art. 1988; No. 31, Art. 4193; 2011, No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 31, Art. 4334; 2013, No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 51, Art. 6695, Art. 6699; 2014, No. 11, Art. 1098; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 47; No. 23, Art. 3301; No. 27, Art. 4225, Art. 4294; 2017, No. 18, Art. 2661; No. 31, the Art. 4830) (further - the Federal Law "About Investment Funds"), item 4 of part 1 and part 2 of Article 4. 3, part 7 and subitems "an" and "v" of Item 1 of part 9 of article 4.4 of the Federal Law of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" (The Russian Federation Code, 2010, No. 27, Art. 3435; 2011, No. 27, Art. 3880; No. 49, Art. 7040; 2013, No. 26, Art. 3207; No. 30, Art. 4084; No. 51, Art. 6683, Art. 6695; 2014, No. 26, Art. 3395; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 27; No. 27, Art. 4163, Art. 4225; No. 18, the Art. 2669, No. 31, the Art. 4830) establishes 2017,:

procedure and criteria for evaluation of financial position, and also requirement to financial position:

physical person or legal entity - the founder (participant) of credit institution;

the physical person or legal entity exercising control concerning the founder of the credit institution created by the organization acquiring more than 10 percent of shares (shares) of credit institution;

the physical person or legal entity exercising control concerning the founder of the credit institution created by the organization acquiring 10 and less percent of shares (shares) of credit institution and who is part of the group of persons determined according to article 9 of the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, No. 31, Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601, Art. 3610; No. 52, Art. 6450, Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53, Art. 7643; 2013, No. 27, Art. 3436, Art. 3477; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52, Art. 6961, Art. 6988; 2014, No. 23, Art. 2928; No. 30, Art. 4266; 2015, No. 27, Art. 3947; No. 29, Art. 4339, Art. 4342, Art. 4350, Art. 4376; No. 41, Art. 5629; 2016, No. 27, Art. 4197; 2017, No. 31, the Art. 4828) (further - group of persons) acquiring more than 10 percent of shares (shares) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of credit institution, and also the physical person or legal entity exercising control concerning the specified legal entity;

the physical person or legal entity which is making the transaction (transactions) directed to acquisition 10 and less percent of shares (shares) of credit institution and being part of the group of persons acquiring more than 10 percent of shares (shares) of credit institution, and also the physical person or legal entity exercising control concerning the specified legal entity;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning more than 10 percent of shares (share) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning 10 and less percent of shares (share) of credit institution and these shareholders (participants) if as a result of making of such transaction (such transactions) the specified shareholders (participants) are part of the group of persons owning more than 10 percent of shares (share) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning the shareholders (participants) who are owning 10 and less percent of shares (share) of credit institution and being part of the group of persons owning more than 10 percent of shares (share) of credit institution;

the legal entity - the shareholder (participant) owning more than 10 percent of shares (share) of credit institution, and the legal entity exercising control concerning such shareholder (participant), the legal entity - the shareholder (participant) owning 10 and less percent of shares (share) of credit institution and being part of the group of persons owning more than 10 percent of shares (share) of credit institution, and the legal entity exercising control concerning such shareholder (participant) (further in case of joint mentioning - the legal entity - the owner (controller) of the large block of shares (shares) of credit institution);

bases for recognition of financial position of specified persons unsatisfactory;

procedure for request and receipt of information on financial position of specified persons;

the list of documents for assessment of financial position of physical persons or legal entities - founders (participants) of credit institution, physical or legal, persons exercising control concerning founders (participants) of credit institution;

the list of the documents confirming sources of origin of funds deposited by founders (participants) - physical persons in the authorized capital of credit institution;

requirements to financial position of the physical person or legal entity having the right directly or indirectly or together with other persons, the related property trust management agreements and (or) particular partnership, and (or) the order, and (or) the corporate agreement, and (or) other agreement which subject is implementation of the rights certified by shares (shares) of insurance company, managing company of investment funds, mutual investment funds and non-state pension funds (further - managing company), non-state pension fund (further - fund), microfinance company (further in case of joint mentioning - not credit financial credit institution), to dispose of more than 10 percent of shares (share), constituting the authorized capital of not credit financial credit institution (further in case of joint mentioning - person, the having right to dispose of more than 10 percent of shares (share) of not credit financial credit institution);

evaluation procedure of compliance to requirements to financial position of person having the right to dispose of more than 10 percent of shares (share) of not credit financial credit institution;

requirements to financial position of the physical person or legal entity acquiring the right directly or indirectly or together with other persons, the related property trust management agreements and (or) particular partnership, and (or) the order, and (or) the corporate agreement, and (or) other agreement which subject is implementation of the rights certified by shares of fund to dispose of more than 10 percent of shares (share), constituting the authorized capital of fund (further - person acquiring the right to dispose of more than 10 percent of shares of fund);

evaluation procedure of compliance to requirements to financial position of person acquiring the right to dispose of more than 10 percent of shares of fund;

requirements to financial position, evaluation procedure of financial position, including list of documents, necessary for evaluating, requirements to their registration and bases for recognition of financial position unsatisfactory, procedure for request and receipt of information on financial position:

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of insurance company, and (or) the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning more than 10 percent of shares (share) of insurance company;

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares of fund, and (or) the transaction (transactions) directed to establishment of control concerning the shareholders of fund owning more than 10 percent of shares of fund;

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of managing company, and (or) the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning more than 10 percent of shares (share) of managing company;

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of microfinance company, and (or) the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning more than 10 percent of shares (share) of microfinance company.

Chapter 1. General provisions

1.1. Assessment of financial position is carried out:

The western center of the admission of the financial organizations or East center of the admission of the financial organizations of Department of the admission and the termination of activities of the financial organizations of the Bank of Russia (further in case of joint mentioning - the Center of the admission):

by consideration of question of issue of prior consent or the subsequent consent of the Bank of Russia to share acquisition (shares) of credit institution (except as specified, specified in the paragraph the twelfth this Item) - concerning the physical person or legal entity (further in case of joint mentioning - person) making the transaction directed to share acquisition (shares) of credit institution, and person exercising control concerning such person. For the purposes of this provision the concept of control is determined according to the International accounting standard (IFRS) 10 "Consolidated financial statements" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of December 28, 2015 No. 217n "About introduction of International accounting standards and Explanations of International accounting standards in action in the territory of the Russian Federation and about recognition No. which voided some orders (separate provisions of orders) of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on February 2, 2016 40940, on August 1, 2016 No. 43044 (further - the order of the Ministry of Finance of the Russian Federation No. 217-n), with amendments, enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of June 27, 2016 No. 98n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on July 15, 2016 No. 42869 (further - the order of the Ministry of Finance of the Russian Federation No. 98n), and the International accounting standard (IFRS) 11 "Joint venture" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 217-n with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 98n;

by consideration of question of issue of prior consent or the subsequent consent of the Bank of Russia to establishment of control concerning shareholders (participants) of credit institution (except as specified, specified in the paragraph the twelfth this Item) - concerning person making the transaction directed to establishment of control concerning shareholders (participants) of credit institution;

by consideration of question of issue of prior consent or the subsequent consent of the Bank of Russia to establishment of control concerning shareholders (participants) of credit institution (except as specified, specified in the paragraph the twelfth this Item) - concerning person making the transaction directed to establishment of control concerning shareholders (participants) of credit institution, and these shareholders (participants) if as a result of transaction the specified shareholders (participants) are part of the group of persons owning more than 10 percent of shares (share) of credit institution;

for the purpose of preparation of the conclusion about payment of the authorized capital of credit institution provided by appendix 5 to the Instruction of the Bank of Russia of April 2, 2010 No. 135-I "About procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations", of the license for banking operations registered by the Ministry of Justice of the Russian Federation on April 22, 2010 No. 16965, on December 17, 2010 No. 19217, on June 15, 2011 No. 21033, on September 22, 2011 No. 21869, on December 16, 2011 No. 22645, on November 5, 2013 No. 30308, on December 25, 2013 No. 30818, on December 11, 2014 No. 35134, on June 15, 2015 No. 37658, on April 13, 2016 No. 41783, on May 22, 2017 No. 46779, on October 31, 2017 No. 48750, by consideration of question of issue to it about registration of the report on release results (additional release) of shares or about state registration of the changes in the charter connected with increase in its authorized capital (further - check of legitimacy of payment of shares (shares) of credit institution), - concerning the founder of credit institution, person acquiring more than one percent of shares (shares) of credit institution (taking into account earlier acquired) in case of increase in its authorized capital including specified in paragraph one of Item 1.2 of this provision if the credit institution does not provide the conclusion, stipulated in Item 1.2 this provision;

when checking legitimacy of payment of shares (shares) of credit institution - concerning person, information on whom is subject to reflection in forms of the reporting 0409051 "The list of affiliates" and 0409052 "The list of the affiliates belonging to group of persons to which the credit institution belongs", established by appendix 1 to the Instruction of the Bank of Russia of November 24, 2016 No. 4212-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", to No. registered by the Ministry of Justice of the Russian Federation on December 14, 2016 44718, on March 29, 2017 No. 46155, on December 25, 2017 No. 49421 (further - the Instruction of the Bank of Russia No. 4212-U) acquiring shares (shares) of credit institution in case of increase in its authorized capital (irrespective of the size of the shares (shares) acquired by such person (further - the affiliate of credit institution);

when checking legitimacy of payment of shares (shares) of credit institution in case of increase in its authorized capital - concerning person acquiring up to one percent of shares (shares) of credit institution (inclusive) (taking into account earlier acquired) if the cost of the acquired shares or contribution cost (additional contribution) exceeds twenty million rubles and credit institution the conclusion, stipulated in Item 1.2 this provision is not provided;

in case of control of financial position of the legal entity - the owner (controller) of the large block of shares (shares) of credit institution;

Department of the admission and termination of activities of the financial organizations of the Bank of Russia:

by consideration of question of state registration of the credit institution created by organization - concerning her founder and person exercising control concerning such founder;

by consideration of question of issue of prior consent or the subsequent consent of the Bank of Russia to share acquisition (shares) of credit institution and (or) on establishment of control concerning shareholders (participants) of credit institution if supervision of such credit institution is exercised by Department of supervision of systemically significant credit institutions, and also in the case established by the paragraph the fourth Item 3.1 of the Instruction of the Bank of Russia of December 25, 2017 No. 185-I "About receipt of consent (approval) of the Bank of Russia to share acquisition (shares) of the financial organization and (or) on establishment of control concerning shareholders (participants) of the financial organization and the direction in the Bank of Russia of notifications on cases, as a result of which person who had the right directly or indirectly to dispose of more than 10 percent of shares (share) of not credit financial credit institution, completely lost such right or kept the right to dispose directly or indirectly of less than 10 percent of shares (share) of not credit financial credit institution", registered by the Ministry of Justice of the Russian Federation on March 20, 2018 No. 50413, - concerning persons, the specified in paragraphs three - the fifth this Item;

by consideration of question of licensing for insurance implementation - concerning person having the right to dispose of more than 10 percent of shares (share) of insurance company;

by consideration of question of licensing of managing company - concerning person having the right to dispose of more than 10 percent of shares (share) of managing company;

by consideration of question of entering of information about the legal entity into the state register of the microfinancial organizations - concerning person having the right to dispose of more than 10 percent of shares (share) of microfinance company;

by consideration of question of state registration of share issue of fund - concerning person acquiring the right to dispose of more than 10 percent of shares of fund;

by consideration of question of issue of prior consent or the subsequent approval of the Bank of Russia on share acquisition (shares) of not credit financial credit institution and (or) on establishment of control concerning shareholders (participants) of not credit financial credit institution - concerning person making the transaction directed to share acquisition (shares) of not credit financial credit institution, and (or) the transaction directed to establishment of control concerning shareholders (participants) of not credit financial credit institution;

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