PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 29, 2023 No. 826-P

About procedure Bank of Russia of control of observance of rules of payment system of the Bank of Russia

This Provision based on Item 2 of part 1 and part 9 of article 20 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" establishes procedure the Bank of Russia of control of observance of rules of payment system of the Bank of Russia (except for requirements to information security).

Chapter 1. General provisions

1.1. The Bank of Russia, being according to parts 1 and 4 of article 15 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (further - the Federal Law No. 161-FZ) the operator of payment system of the Bank of Russia, exercises control of observance of rules of payment system of the Bank of Russia.

1.2. The Bank of Russia exercises control of observance of rules of payment system of the Bank of Russia for the purpose of:

ensuring compliance with rules of payment system of the Bank of Russia;

ensuring uninterruptedness of functioning of payment system of the Bank of Russia;

determinations of the directions of development and enhancement of payment system of the Bank of Russia.

1.3. Object of control of observance of rules of payment system of the Bank of Russia are activities:

working and indirect interest owners of payment system of the Bank of Russia (further in case of joint mentioning - members of payment service provider);

the divisions of the Bank of Russia realizing powers of the Bank of Russia as the operator of services of payment infrastructure of payment system of the Bank of Russia (further - the divisions of the Bank of Russia rendering UPI).

Chapter 2. Types and forms of control of observance of rules of payment system of the Bank of Russia

2.1. Control of observance of rules of payment system of the Bank of Russia is exercised by the Bank of Russia in type:

the current control which is carried out when making transactions within payment system of the Bank of Russia by members of payment service provider and when rendering by the divisions the Bank of Russia rendering UPI, services of payment infrastructure of payment system of the Bank of Russia to the members of payment service provider and clients of the Bank of Russia who are not members of payment service provider;

the subsequent control which is carried out after making of transactions within payment system of the Bank of Russia by members of payment service provider and after completion of rendering by the divisions of the Bank of Russia rendering UPI, services of payment infrastructure of payment system of the Bank of Russia to the members of payment service provider and clients of the Bank of Russia who are not members of payment service provider.

The current control is directed to operational identification of cases of non-compliance with rules of payment system of the Bank of Russia by members of payment service provider or the divisions of the Bank of Russia rendering UPI in the course of their activities.

The subsequent control is directed to identification of cases of non-compliance with rules of payment system of the Bank of Russia by members of payment service provider or the divisions of the Bank of Russia rendering UPI by results of their activities.

2.2. The current control of observance of rules of payment system of the Bank of Russia by members of payment service provider is exercised by the Bank of Russia in the form of operational check:

information connected with observance of rules of the payment system of the Bank of Russia arriving in the Bank of Russia during period of time during which the Bank of Russia performs procedures of acceptance to execution, response, return (cancellation) and execution of orders (operational day);

information on functioning of payment system of the Bank of Russia, including with use of the automated systems providing functioning of payment system of the Bank of Russia.

2.3. The subsequent control of observance of rules of payment system of the Bank of Russia by members of payment service provider is exercised by the Bank of Russia in the form of remote checks of activities of members of payment service provider on the basis of the analysis of the documents containing information connected with observance of rules of payment system of the Bank of Russia.

2.3.1. Remote inspections of activities of members of payment service provider are carried out for the period, not exceeding 24 months about day of the beginning of conducting check.

2.3.2. Remote inspections of activities of members of payment service provider are carried out:

in connection with the signs of non-compliance with rules of payment system of the Bank of Russia revealed by the Bank of Russia;

in connection with receipt in the Bank of Russia of the address concerning observance of rules of payment system of the Bank of Russia.

2.4. The department of national payment system of the Bank of Russia by results of the carried-out control of observance of rules of payment system of the Bank of Russia if necessary prepares addressed to the Chairman of the Bank of Russia (the vice-chairman of the Bank of Russia) of the offer on development and enhancement of payment system of the Bank of Russia.

Chapter 3. The direction the Bank of Russia of request about provision of documents and (or) information necessary for control of observance of rules of payment system of the Bank of Russia, the notification on the revealed case of non-compliance with rules of payment system of the Bank of Russia, the notification on confirmation of observance of rules of payment system of the Bank of Russia or elimination of the revealed case of non-compliance with rules of payment system of the Bank of Russia or on acceptance note information on the taken measures for non-admission further non-compliance with rules of payment system of the Bank of Russia, and also letters of Department of national payment system of the Bank of Russia

3.1. The Bank of Russia when conducting remote check of activities of the member of payment service provider in case of need of receipt of information or refining of information on activities of the member of payment service provider which is available for the Bank of Russia sends to it inquiry, obligatory for execution, for provision of documents and (or) information necessary for control of observance of rules of payment system of the Bank of Russia (further respectively - documents and (or) information, request).

3.2. The request shall contain:

name of the member of payment service provider;

specifying on the fact of conducting remote check of activities of the member of payment service provider;

the list of required documents and (or) information and the period for which they are requested;

the term of submission of required documents and (or) information which cannot be less than 5 working days after day of receipt of request;

method of submission of required documents and (or) information;

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