of April 2, 2014 No. 39-FZ
About protection of interests of the physical persons having deposits in banks and the isolated structural divisions of the banks registered and (or) operating in the territory of the Republic of Crimea and in the territory of the federal city of Sevastopol
Accepted by the State Duma of the Russian Federation on March 31, 2014
Approved by Council of the Russian Federation on April 1, 2014
The purpose of this Federal Law is ensuring protection of interests of the physical persons having deposits in banks and the isolated structural divisions of the banks registered and (or) operating in the territory of the Republic of Crimea and in the territory of the federal city of Sevastopol as of March 16, 2014.
This Federal Law governs the relations connected with creation of autonomous nonprofit organization "Fund of Protection of Investors" (further - the Agent) and implementation of the compensation payments to physical persons provided by this Federal Law, way of acquisition of rights by the Agent of the rights (requirements) of physical persons for deposits in credit institutes.
1. In this Federal Law the following basic concepts are used:
1) contribution - the money placed by physical persons or in their advantage in credit institutes based on bank deposit agreement or bank account agreement about day of entry into force of this Federal Law if other is not established by this Federal Law;
2) the investor - the physical person including performing business activity without formation of legal entity, taking the residence in the territory of the Republic of Crimea or in the territory of the federal city of Sevastopol if other is not established by this Federal Law, the physical person which signed bank deposit agreement or bank account agreement with credit institute, or specified for benefit of which the contribution is made. The heir has the right to use the rights of the died investor provided by this Federal Law from the moment of issue to the heir of the document confirming its right to inheritance;
3) compensation payment (additional compensation payment) - the sum of money which is subject to payment to the investor in connection with acquisition of rights by the Agent of the rights (requirements) for deposits and other bases according to this Federal Law in the amount of and procedure which are established by this Federal Law;
4) credit institutes - the banks having the license of the National Bank of Ukraine existing as of March 16, 2014, registered and (or) operating in the territory of the Republic of Crimea and in the territory of the federal city of Sevastopol.
2. Concepts and terms civil and other industries of the legislation of the Russian Federation, used in this Federal Law, are applied in that value in what they are used in these industries of the legislation if other is not provided by this Federal Law.
1. The Republic of Crimea and the federal city of Sevastopol on behalf of the supreme bodies of the government of the specified subjects of the Russian Federation perform powers of the founder Agent created in the form of autonomous nonprofit organization for the purpose of implementation of this Federal Law and other powers connected with agent activities and provided by this Federal Law, other Federal Laws, the laws and other regulatory legal acts of the Republic of Crimea and the federal city of Sevastopol.
1.1. According to the procedure, determined by the legislation of the Republic of Crimea and (or) the legislation of the federal city of Sevastopol, according to the decision of the supreme executive bodies of the government of appropriate subjects of the Russian Federation the means received as a result of the property acquisition which is in state-owned property of the specified subjects of the Russian Federation as property fee (property fees) in property of the Agent can be transferred to the agent for the purpose of implementation of this Federal Law.
1.2. The supreme executive body of the government of appropriate subject of the Russian Federation within five working days from the date of decision making about transfer to the Agent of means (part of the means) which came to the budget of the Republic of Crimea or the federal city of Sevastopol as a result of the property acquisition which is in state-owned property of the Republic of Crimea or the federal city of Sevastopol as property fee notifies on it the Agent.
2. The legal status of the Agent is determined by the legislation of the Russian Federation taking into account the features established by this Federal Law.
3. The agent has the bank account in the Central bank the Russian Federation (Bank of Russia), and also has the right to open bank accounts in credit institutions in the territory of the Russian Federation and outside its territory.
4. The location of the Agent is the city of Simferopol. The agent has the right to create the branches and to open representations in the territory of the Russian Federation.
5. The agent uses the property for accomplishment of the functions provided by this Federal Law. The agent has the right to perform other functions provided by the Federal Laws.
6. On money of the Agent collection according to obligations of the Russian Federation, subjects of the Russian Federation, municipalities, banks, other third parties cannot be turned.
7. Expenses on holding the actions connected with acquisition of rights by the Agent of the rights (requirements) for deposits and implementation of compensation payments including expenses on fee of the organizations attracted to reception of applications of investors and implementation of compensation payments, taking measures to satisfaction of the rights (requirements) for deposits acquired by the Agent according to this Federal Law, including expenses on acquisition of rights (requirements) for the credits issued by credit institutes to which investors compensation payments are performed and also expenses on implementation of other functions provided by the Federal Laws, the laws and other regulatory legal acts of the Republic of Crimea and the federal city of Sevastopol are financed by property of the Agent.
8. The investor has the right to charge, and the Agent to accept execution on representation of interests of the investor who submitted the documents specified in parts 5 and 6 of article 7 of this Federal Law on collection from debtors of sums of money of unexecuted agreement obligations of bank deposit and (or) to bank account agreement in the amount of excess of the amount of the specified obligations over the compensation payment performed according to provision of part 1 of article 8 of this Federal Law.
9. The decision on carrying out audit of the Agent is made by the supervisory board of the Agent.
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