DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of July 23, 2012 No. 11

About approval of the Regulations on procedure for imposing of administrative sanctions by Fund of guaranteeing household deposits

According to Article part four 33, Item 13 of the Section X "Final and transitional provisions" of the Law of Ukraine "About system of guaranteeing household deposits" executive directorate of Fund of guaranteeing household deposits of RESHILA:

1. Approve Regulations on procedure for imposing of administrative sanctions by Fund of guaranteeing household deposits it (is applied).

2. To provide to department of questions of strategy and transformation of Fund together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.

3. And the international organizations to provide to department of public relations placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.

4. This decision becomes effective at the same time with entry into force of the Law of Ukraine "About system of guaranteeing household deposits", but not earlier than day of official publication of this decision.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of July 23, 2012 No. 11

Regulations on procedure for imposing of administrative sanctions by Fund of guaranteeing household deposits

І. General provisions

1.1. This Provision is developed according to article 33 of the Law of Ukraine "About system of guaranteeing household deposits" (further - the Law) and determines procedure and terms of consideration by Fund of guaranteeing household deposits (further Fund) cases on offense in the sphere of guaranteeing household deposits (further offense) and applications of administrative sanctions for such violations.

1.2. The purpose of this provision is ensuring compliance by banks with requirements of the legislation on system of guaranteeing household deposits.

1.3. Production on cases on offense, and also conditions and procedure for application of administrative sanctions by Fund are performed with features, the stipulated in Clause 33 Laws and this Provision.

1.4. Information and data on signs of offense can contain in:

the materials received by results of the inspections which are carried out by Fund;

the reporting which moves banks in Fund;

the messages received from public authorities, local government bodies and legal entities;

addresses of citizens;

the messages published in mass media;

other sources.

1.5. The fund applies administrative sanctions according to article 33 of the Law.

The basis for consideration of the case about offense in the sphere of guaranteeing household deposits is the protocol on offense in the sphere of guaranteeing household deposits.

1.6. Authorized employees of Fund who constitute protocols on offense in the sphere of guaranteeing household deposits and/or consider cases, within the powers shall take in each case of identification of offense all necessary measures for documentary fixing of the fact of offense, comprehensively, fully and objectively research the facts of the case, and also timely apply stipulated by the legislation administrative sanctions (further - sanctions) taking into account criteria of materiality of violations of the law about system of guaranteeing household deposits.

1.7. The decision made by results of consideration of the case on offense in the sphere of guaranteeing household deposits shall be legal and reasonable and shall be based only on those proofs which were researched during consideration of the case.

Proofs in the case of offense are any actual data obtained legally testimonial of availability or lack of offense, and other circumstances important for the correct solution of case.

1.8. In case of identification of violations of the law which consideration does not belong to competence of Fund the official who constitutes the protocol on offense in the sphere of guaranteeing household deposits and/or considers case sends the corresponding materials in:

National Bank of Ukraine;

relevant organs of the government or local government bodies to which competence consideration of such offenses belongs.

1.9. The protocol on offense, the resolution on imposing of penalty, the resolution on solution of the case on offense, the instruction on elimination by bank of violations of requirements of the legislation on guaranteeing household deposits, written caution are considered sent (handed) bank, is made responsible if them it is handed to the bank representative on receipt, is directed by mail by the registered mail or sent by means of system of e-mail of the National Bank of Ukraine.

The resolution on initiation of proceedings on offense, the resolution on the direction of case on offense goes for new trial, the resolution on suspension of proceeedings on offense, the resolution on renewal of proceeedings on offense to bank, made responsible, means of system of e-mail of the National Bank of Ukraine.

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