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The document ceased to be valid since June 30, 2017 according to Item 1 of the Instruction of the Central bank of the Russian Federation of April 24, 2017 No. 4358-U

It is registered

Ministry of Justice

Russian Federation 

On April 29, 2015 No. 37054

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 6, 2014 No. 158-I

About procedure for conducting checks of bureau of credit histories by authorized representatives of the Central bank of the Russian Federation (Bank of Russia)

This Instruction according to the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, the Art. 4219) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)") and the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; No. 30, Art. 3121; 2007, No. 31, Art. 4011; 2011, No. 15, Art. 2038; No. 27, Art. 3880; No. 29, Art. 4291; No. 49, Art. 7067; 2013, No. 30, Art. 4084; No. 51, Art. 6683; 2014, No. 26, the Art. 3395) (further - the Federal Law "About Credit Stories") establishes procedure for conducting checks (control and auditing actions) (further - checks) bureau of credit histories (further - Bureau).

Chapter 1. General provisions

1.1. Bureaus are performed by the Bank of Russia for implementation of functions of regulation, control and supervision of Bureau.

The purpose of conducting checks of Bureau by the Bank of Russia is assessment of observance of the Federal Law "About Credit Stories", other Federal Laws and regulations of the Bank of Russia, assessment of observance of the rights of consumers of services of Bureau, and also identification of the actions menacing to interests of subjects of credit stories, users of credit stories and sources of forming of credit stories.

The inspections of Bureau which are carried out by the Bank of Russia do not carry out tasks of the audit inspections and documenting audits performed in accordance with the legislation of the Russian Federation.

1.2. Subject of control are quality of the services provided to Bureau (including the accuracy and accuracy of the information), observance of the rights of participants of information exchange, observance of requirements of the Federal Law "About Credit Stories".

1.3. Check of Bureau is performed for the period activities of Bureau, but no more than in five calendar years preceding year of conducting check. Scheduled and unscheduled inspections of Bureau can be carried out by the Bank of Russia.

Scheduled inspections of Bureau are carried out not more often than once in three years and at least once in five years.

The decision on carrying out unscheduled inspections of Bureau, with determination of the list of activities and (or) questions of activities of the Bureau which are subject to check is accepted in cases:

availability of information on failure to carry out of Bureau of the instruction of the Bank of Russia;

availability of written addresses of subjects of credit stories, users of credit stories, sources of forming of credit stories or Bureau, other persons, including concerning quality of the services provided to Bureau (including the accuracy and accuracy of the information, stored in Bureau);

information availability in the Central catalog of credit stories about doubtful data in the credit stories which are stored in Bureau;

availability of information on newly discovered facts of activities of Bureau, including about the actions menacing to legitimate interests of subjects of credit stories, users of credit stories and sources of forming of credit stories;

availability of the shortcomings revealed during the previous checks of Bureau;

reorganization or liquidations of Bureau.

1.4. Bureaus are performed by authorized representatives (employees) of the Bank of Russia: employees of Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia and (or) employees of territorial offices of the Bank of Russia (in coordination with the chief of territorial office of the Bank of Russia) according to the decision of the official of the Bank of Russia having rights to charge conducting check. According to the offer of Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia the staff of other structural divisions of the Bank of Russia can be involved in conducting check (in coordination with the head of the relevant structural division of the Bank of Russia).

1.5. Checks of Bureau are performed on the basis orders on carrying out.

In the order on conducting check the members of authorized representatives (employees) of the Bank of Russia forming working group for check of Bureau numbering at least two people with indication of the head of working group and, if necessary, the deputy manager of working group, and also workgroup members are determined. In case of need the members of workgroup members can be changed according to the decision of the official of the Bank of Russia having rights to charge conducting checks.

The order on conducting check is constituted in duplicate according to appendix 1 to this Instruction.

Treat the officials of the Bank of Russia having rights to charge conducting checks, including to sign orders on conducting checks of Bureau:

Chairman of the Bank of Russia;

First Deputy Chairman of the Bank of Russia;

the vice-chairman of the Bank of Russia supervising Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.

1.6. The Bureau is performed till 60 calendar days. Check of Bureau can be complete before the term established by the order on conducting check.

Person which signed the order on conducting check can extend conducting check for a period of up to 60 calendar days in the following cases:

availability of considerable amount of the checked information;

failure to provide Bureau of required documents at the scheduled time;

identifications as a result of consideration of the submitted documents of need of request and studying of additional documents.

The term of conducting check can be prolonged no more than two times. The maximum term of conducting check (taking into account possible prolongation) - 120 calendar days.

1.7. Check of Bureau begins with the moment of presentation of Bureau of the order on conducting check by the head of working group or workgroup member according to Item 5.1 of this Instruction (further - start date of check).

Date of completion of check is signature date the head of working group of the inspection statement of Bureau (further - the inspection statement).

In case of need (including, in case of change of members of working group, appointment of the deputy manager of working group, prolongation of terms of conducting check) amendment to the order on the conducting check which is integral part of the order on conducting check is drawn up.

Amendment to the order on conducting check is constituted in duplicate according to appendix 2 to this Instruction.

1.8. The information necessary for implementation by the Bank of Russia of control and supervision of activities of Bureau received during check and which is basis for estimates and conclusions of the Bank of Russia about observance (non-compliance) of Bureau of the Federal Law "About Credit Stories", other Federal Laws and regulations of the Bank of Russia, other supervising information on the elicited facts (events) and (or) circumstances of activities of Bureau which are capable to exert negative impact on protection of the rights and legitimate interests of subjects of credit stories, users of credit stories, sources of forming of credit stories belongs to results of check of Bureau or to cause emergence of the bases for the direction in Bureau of instructions, obligatory for execution, for appeal to the court with the statement for exception of Bureau of the state register of bureau of credit histories, and also other measures, stipulated by the legislation the Russian Federation and regulations of the Bank of Russia, including:

the facts (events) of non-compliance with Bureau of the Federal Laws published according to them regulations and instructions of the Bank of Russia, non-presentation (representation incomplete or doubtful) the reporting, and also other information, the stipulated by the legislation Russian Federation and regulations of the Bank of Russia (further - violations in activities of Bureau);

the facts (events) of observance of Bureau of the Federal Laws published according to them regulations and instructions of the Bank of Russia, submission of the authentic and complete reporting, and also other information, the stipulated by the legislation Russian Federation and regulations of the Bank of Russia;

the circumstances of activities of Bureau, action (failure to act) of workers and (or) governing bodies of Bureau which are not violations of the law of the Russian Federation, regulations of the Bank of Russia, but creating prerequisites for emergence of violations and (or) menacing to legitimate interests of subjects of credit stories, users of credit stories, sources of forming of credit stories (further - shortcomings of activities of Bureau).

1.9. Information containing in the documents constituted by the Bank of Russia under the organization, carrying out and registration of results of checks of Bureau and having restrictive mark "For office use" is information of limited access determined as that and subject to protection in accordance with the legislation of the Russian Federation, and is not subject to disclosure by the Bank of Russia and Bureau to the third parties, except as specified, stipulated by the legislation the Russian Federation and regulations of the Bank of Russia.

Chapter 2. Rights, obligations and responsibility of authorized representatives (employees) of the Bank of Russia

2.1. When conducting checks of Bureau authorized representatives (employees) of the Bank of Russia forming working group (further - the head and workgroup members), are guided by the Federal Laws "About the Central Bank Russian Federation (Bank of Russia)", "About Credit Stories", other Federal Laws, the code of professional ethics and office behavior of bank clerks of Russia, this Instruction, the normative and other acts of the Bank of Russia including determining features of the organization and conducting checks of Bureau and also the order on conducting check.

2.2. The head and workgroup members ensure safety of property, the documents received from Bureau, and also their return (except for copies of the documents (information) received according to the procedure, established by subitems 2.5.4 - 2.5.6 Items 2.5 and Item 3.4 of this Instruction).

2.3. Obligations of the organization of interaction of working group on all questions of conducting check are assigned to the head of working group, including:

with the sole executive body of Bureau or person fulfilling its duties (further - the head of Bureau);

with the chief accountant of Bureau, his deputies;

with the official of Bureau or ranking officers of Bureau determined according to Item 3.2 of this Instruction.

2.4. The head of working group establishes time of daily stay of working group in premises of the checked Bureau during the term of the conducting check estimated from start date of check before date of completion of check taking into account the operating mode operating in Bureau.

In case of need, including in connection with change of the operating working hours of Bureau during the term of conducting check, the head of working group for workgroup members stay time, excellent from acting in the checked Bureau of operating mode, in coordination with the head of Bureau can be established.

2.5. The head and workgroup members have the right to perform the following actions.

2.5.1. Enter the premises of the checked Bureau including occupied by the data processing center or other division performing collection, processing, storage, provision and distribution of information resources, if necessary - accompanied by specially allocated employees of Bureau and (or) employees of other organizations exercising control of observance of access control or protection of Bureau based on agreements.

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