of June 4, 2018 No. 123-FZ
About the representative for the rights of consumers of financial services
Accepted by the State Duma on May 24, 2018
Approved by the Federation Council on May 30, 2018
This Federal Law for the purpose of protection of the rights and legitimate interests of consumers of financial services determines legal status of the representative for the rights of consumers of financial services (further - the financial representative), procedure for pre-judicial settlement by the financial representative of disputes between consumers of financial services and the financial organizations (further - the parties), and also the legal basis of interaction of the financial organizations with the financial representative.
1. The position of the financial representative is established according to this Federal Law for consideration of addresses of consumers of financial services on satisfaction of requirements of property nature imposed to the financial organizations which rendered them financial services (further - addresses).
2. For the purposes of this Federal Law the consumer of financial services is understood as the physical person which is the agreement party, or person for benefit of whom the agreement, or person to whom the financial service is rendered for the purpose of, not connected with implementation of business activity is signed.
3. In case of transition to the other person of right to claim of the consumer of financial services to the financial organization the specified person also has obligations provided by this Federal Law.
4. The financial representative when implementing the powers is independent of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, the Central bank of the Russian Federation (Bank of Russia) and other organizations, officials.
4.1. Intervention in activities for consideration by the financial representative of addresses is not allowed. The financial representative shall not offer any explanations on the substance of the addresses considered or being at him under consideration, to represent materials on them, including decisions of the financial representative, to somebody for acquaintance differently as in cases and procedure which are provided by this Federal Law and the procedural legislation of the Russian Federation, and also in cases if representation of such explanations and materials is provided by the imprisoned financial representative according to part 2 of article 14 of this Federal Law the agreement providing mutual exchange of information with federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, the Bank of Russia.
5. Activities of the financial representative are performed according to the principles of legality, respect of rights and freedoms of man and citizen, conscientiousness and justice.
6. Act as the financial representative:
1) chief financial representative;
2) financial representatives in spheres of financial services.
7. Chief financial representative:
1) performs powers of the financial representative in all spheres of financial services;
2) performs coordination of activities of the financial representatives considering addresses in certain spheres of financial services;
Supervises 3) and controls activities of service of ensuring activities of the financial representative.
8. Financial representatives in spheres of financial services (further also - financial representatives) perform the activities according to the procedure, established by this Federal Law.
9. Spheres of financial services for consideration of addresses in which positions of financial representatives are established, are determined by the Board of directors of the Bank of Russia. Information on spheres of financial services for consideration of addresses in which positions of financial representatives are established, is posted on the official site of the Bank of Russia on the Internet, and also on the official site of the financial representative on the Internet.
1. The financial representative the citizen of the Russian Federation not younger thirty five years, constantly living in the Russian Federation, not having nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state, having the higher legal or economic education (the chief financial representative - the higher legal education) and work experience in the sphere of the financial market, regulation, control and supervision in the financial market or consumer protection of financial services in total at least five years or length of service by the judge at least ten years can be appointed.
2. The financial representative has no right to be senator of the Russian Federation, the deputy of the State Duma of Federal Assembly of the Russian Federation, the deputy of legislative (representative) public authority of the subject of the Russian Federation, the deputy of representative body of the municipality, to be engaged in other paid activities, except for teaching, scientific and other creative activities.
3. The financial representative shall stop activities, incompatible with its status, within thirty calendar days from the date of position assignment.
4. The financial representative shall have faultless goodwill and shall be independent of the parties by consideration of the specific address.
5. The citizen of the Russian Federation whose powers as the judge of court of law or Arbitration Court, the arbitration judge, the lawyer, the notary, the investigator, the prosecutor or other employee of law enforcement agencies were stopped in the procedure established by the law in connection with making of offenses, incompatible with its professional activity, cannot be the financial representative. The nominated person having not removed or unspent conviction for making of intentional crime, and also person concerning whom the decision on its disqualification, or the face included in the database which is kept by the Bank of Russia according to article 75 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" was passed cannot be the financial representative.
6. The financial representative has no right to consider addresses in case of personal interest in case of execution of job responsibilities which brings or can lead to conflict of interest, and No. 273-FZ "About anti-corruption" shall take measures for non-admission of any possibility of conflict of interest, and also measure for prevention or settlement of conflicting interests according to the Federal Law of December 25, 2008.
7. The citizens applying for position of the chief financial representative or holding the specified position represent data on the income, expenses, on property and obligations of property nature, and also data on the income, expenses, on the property and obligations of property nature of the of the spouse (spouse) and minor children according to the procedure established by the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption", the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" and regulatory legal acts of the President of the Russian Federation.
7.1. Financial representatives in spheres of financial services according to the procedure, established by regulations of the Bank of Russia, shall notify the Bank of Russia on emergence of personal interest in case of execution of job responsibilities which brings or can lead to conflict of interest. Notifications of financial representatives in spheres of financial services about emergence of personal interest in case of execution of job responsibilities which brings or can lead to conflict of interest are considered according to the procedure, established by regulations of the Bank of Russia.
7.2. Financial representatives in spheres of financial services according to the procedure, established by regulations of the Bank of Russia, shall notify the Bank of Russia on all cases of the address to them of any persons for the purpose of inducement to making of corruption offenses.
7.3. The financial representative is exempted from liability for non-compliance with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established by this Federal Law and other Federal Laws for the purpose of anti-corruption if non-compliance with such restrictions, prohibitions and requirements, and also non-execution of such obligations is recognized the investigation of the circumstances which are not depending on it according to the procedure, provided by parts 3 - the 6th article 13 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption".
8. Age limit of continuance in office of the financial representative - seventy years. The power of the person holding position of the financial representative stop in the last day of month in which to it seventy years are performed, except as specified, if the specified person continues to fulfill duties of the financial representative before decision making for the addresses which were at it under consideration per day when its powers stop.
1. The citizens applying for positions of financial representatives in spheres of financial services, the head of service of ensuring activities of the financial representative or the holding specified positions, represent data on the income, expenses, on property and obligations of property nature, and also data on the income, expenses, on the property and obligations of property nature of the of the spouse (spouse) and minor children in the Bank of Russia according to the procedure established by the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption", the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" and regulations of the Bank of Russia.
2. The data on the income, expenses, on property and obligations of property nature represented by financial representatives in spheres of financial services, the head of service of ensuring activities of the financial representative according to part of 1 this Article are posted on the official site of the Bank of Russia on the Internet according to the procedure established by regulations of the Bank of Russia.
3. Control of observance by financial representatives in spheres of financial services, the head of service of ensuring activities of the financial representative of the restrictions, prohibitions and requirements established for the purpose of anti-corruption is performed according to the procedure, established by regulations of the Bank of Russia.
4. The Bank of Russia in case of control of observance by financial representatives in spheres of financial services, the head of service of ensuring activities of the financial representative of the restrictions, prohibitions and requirements established for the purpose of anti-corruption, and also when conducting check of reliability and completeness of data on the income, expenses, about the property and obligations of property nature represented according to part of 1 this Article, having the right to send inquiries to bodies of prosecutor's office of the Russian Federation, other federal state bodies, including representatives on investigation and search operations implementation, state bodies of subjects of the Russian Federation, territorial authorities of federal executive bodies, local government bodies, public associations and other organizations for information which is available for them:
1) about the income, about property and obligations of property nature of the citizens applying for positions of financial representatives in spheres of financial services, the head of service of ensuring activities of the financial representative or holding the specified positions, and also about the income, about property and obligations of property nature of their spouse (spouse) and minor children;
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