It is registered
Ministry of Justice
Russian Federation
On October 17, 2022 No. 70570
of July 12, 2022 No. 6198-U
About the notification procedure of the Bank of Russia bank clerks of Russia, financial representatives in spheres of financial services about the facts of the address to them of any persons for the purpose of inducement to making of corruption offenses, and also registration, accounting of notifications and the organization of verification of the data containing in them
This Instruction based on article 7 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <1>, article 11.1 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" <2>, parts 7.2 of article 3 of the Federal Law of June 4, 2018 No. 123-FZ "About the representative for the rights of consumers of financial services" <3> and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of June 24, 2022 No. PSD-44) establish the notification procedure of the Bank of Russia bank clerks of Russia and financial representatives in spheres of financial services about the facts of the address to them of any persons for the purpose of inducement to making of corruption offenses, and also registration, accounting of notifications and the organization of verification of the data containing in them.
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<1> Russian Federation Code, 2002, No. 28, Art. 2790; 2018, No. 11, Art. 1588.
<2> Russian Federation Code, 2008, No. 52, Art. 6228; 2011, No. 48, Art. 6730; 2018, No. 24, Art. 3400.
<3> Russian Federation Code, 2018, No. 24, Art. 3390; 2022, No. 1, Art. 40.
1.1. Bank clerks of Russia and financial representatives in spheres of financial services (further - financial representatives) shall notify on the facts of the address to them of any persons for the purpose of inducement them to making of corruption offenses.
1.2. The notification on the address fact for the purpose of inducement to making of corruption offenses (further - the notification) sent to the Bank of Russia is constituted in writing (the recommended sample is given in appendix 1 to this Instruction).
1.3. Bank clerks of Russia draw up the notification addressed to the official of the Bank of Russia who in the procedure established by the Bank of Russia is granted the right of the conclusion, change and termination of the employment contract with the bank clerk of Russia (further - the representative of employer).
Financial representatives draw up the notification addressed to the Chairman of the Bank of Russia or the first deputy (deputy) Chairman of the Bank of Russia to which the Chairman of the Bank of Russia delegates powers on consideration of notifications (further - the authorized person in the Bank of Russia).
In case of receipt of the appeal for the purpose of inducement to making of corruption offense bank clerks of Russia notify on it the representative of employer, and financial representatives - the Chairman of the Bank of Russia or the authorized person in the Bank of Russia in day of receipt of such address, and in case of impossibility - at the beginning of the working day following behind day of the address.
Notifications are not drawn up by bank clerks of Russia and financial representatives in cases when on the inducement facts to making of corruption offenses it is performed or is carried out.
1.4. Bank clerks of Russia who knew of the facts of the address of any persons to other bank clerks of Russia for the purpose of their inducement to making of corruption offenses, have the right to notify on it the representative of employer.
Financial representatives who knew of the facts of the address of any persons to other financial representatives for the purpose of their inducement to making of corruption offenses, have the right to notify on it the Chairman of the Bank of Russia or the authorized person in the Bank of Russia.
Bank clerks of Russia or financial representatives who knew of the facts of the address of any persons to other bank clerks of Russia or to other financial representatives for the purpose of their inducement to making of the corruption offenses having the right to notify on it the Chairman of the Bank of Russia or the authorized person in the Bank of Russia.
1.5. The notification is signed by person which constituted it with indication of date of creation. It is forbidden to constitute the notification on behalf of other person (persons).
The materials confirming circumstances of the address to the bank clerk of Russia or the financial representative for the purpose of their inducement to making of corruption offense can be attached to the notification.
1.6. The notification is transferred:
bank clerks of Russia - through Department of personnel policy of the Bank of Russia (further - DKP), structural division on work with personnel of Department of field organizations of the Bank of Russia, territorial office and other division of the Bank of Russia (further - division on work with personnel), and in case of their absence - through the specialist to whose duties work with personnel, or through the structural division (workers) performing (performing) functions of documentary ensuring management in divisions of the Bank of Russia belongs;
financial representatives - through DKP.
In the absence of the bank clerk of Russia, the financial representative on workplace or in case of temporary non-execution of job responsibilities by them the notification can be sent to DKP or division on work with personnel as the registered mail marked "Personally", and also in a different way deliveries of documents (for example, on System of automation of document flow and clerical work of the Bank of Russia (further - SADD BR), telegraph, fax connection, e-mail and others).
1.7. The bank clerk of Russia in the presence of the bases to believe that its notification will not be considered properly by the corresponding representative of employer, has the right to send the notification to the official of the Bank of Russia who in the procedure established by the Bank of Russia is granted the right of the conclusion, change and termination of the employment contract with the representative of employer specified in this paragraph.
The reasons of the decision making provided by paragraph one of this Item shall be reflected in the notification.
1.8. The notification constituted by the bank clerk of Russia, the financial representative is considered given from the date of its registration.
By transfer of the notification the mailing or in a different way deliveries of documents in the afternoon of submission of the notification day of its departure is considered.
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