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Ministry of Justice

Russian Federation

On August 27, 2015 No. 38713

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 10, 2015 No. 167-I

About procedure for conducting checks of observance of requirements of the Federal Law by the Bank of Russia of July 27, 2010 No. 224-FZ "About counteraction to unauthorized use of insider information and to market manipulation and about modification of separate legal acts of the Russian Federation" and the regulations adopted according to it

(as amended of the Instruction of the Central bank of the Russian Federation of 04.07.2017 No. 4447-U)

This Instruction based on Item 1 of part 1 of article 14 of the Federal Law of July 27, 2010 No. 224-FZ "About counteraction to unauthorized use of insider information and to market manipulation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2010, No. 31, Art. 4193; 2011, No. 29, Art. 4291; No. 48, Art. 6728; 2012, No. 31, Art. 4334; 2013, No. 30, Art. 4082, Art. 4084; 2014, No. 30, the Art. 4219) (further - the Federal Law of July 27, 2010 No. 224-FZ), 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, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 13, 2015), establishes procedure for conducting checks of observance of requirements of the Federal Law by the Bank of Russia of July 27, 2010 for No. 224-FZ and regulations adopted according to it.

Chapter 1. General provisions

1.1. Checks of observance of requirements of the Federal Law of July 27, 2010 No. 224-FZ and regulations adopted according to it (further-) are performed by the Bank of Russia for the purpose of prevention, identification and suppression of abuses at the organized biddings in the form of unauthorized use of insider information and (or) market manipulation.

1.2. Are performed by the Bank of Russia (Department of counteraction to unfair practicians (further - Department).

1.3. It is performed in the presence of signs of violations of the requirements and prohibitions established by the Federal Law of July 27, 2010 No. 224-FZ based on information which is available in the Bank of Russia, including:

received from physical persons and legal entities, public authorities, other bodies and the organizations;

information containing in mass media, other open sources, and also the Internet;

revealed by the Bank of Russia by means of the hardware and software.

Chapter 2. Conducting check

2.1. It is performed by bank clerks of Russia from number of persons employed of Department based on the decision of the Chairman of the Bank of Russia (his deputy) who is drawn up in the form of the order on conducting check.

Several independent checks can be united in one based on the decision Chairman of the Bank of Russia (his deputy) who is drawn up in the form of the order on consolidation of checks if each of checks is carried out concerning the same person.

2.2. It is performed in time, not exceeding eight months. The term of conducting check is estimated from registration date of the order on conducting check. In case of consolidation of checks terms of conducting check are estimated from registration date of the order on conducting the check begun with the first before consolidation of checks. Taking into account complexity of check, quantity and amount of the checked information the term of conducting check can be prolonged based on the decision of the Chairman of the Bank of Russia (his deputy) who is drawn up in the form of the resolution on the order specified in Item 2.1 of this Instruction for the term of no more than two months.

2.3. Check can be suspended in the presence of the circumstances testimonial of objective impossibility of conducting check, including in cases:

counteractions to conducting check;

need of receipt of information from foreign regulators of the financial markets, the Central (national) Banks of foreign states (other supervision bodies of foreign states as which banking supervision enters), and also international banks and other international monetary organizations for bank inquiry of Russia;

emergence of other bases interfering further conducting check.

In time conducting check the period for which it is suspended does not join.

Decisions on suspension and renewal of term of conducting check are accepted by the Chairman of the Bank of Russia (his deputy).

Check can be suspended for the term which is not exceeding nine months. If check was suspended due to the need of receipt of information from foreign regulators of the financial markets, the Central (national) Banks of foreign states (other supervision bodies of foreign states as which banking supervision), and also international banks and other international monetary organizations enters and within nine months the Bank of Russia did not obtain required information, term of suspension of the specified check it can be prolonged for a period of up to three months.

The maximum term of suspension of check cannot exceed twelve months.

For the term of suspension of conducting check are suspended the Bank of Russia on reclamation of documents according to Item 2.4 of this Instruction.

2.4. During conducting check the Bank of Russia requires (requests) information and (or) documents necessary for conducting check, including the documents and materials executed in the form of digital record or in the form of record on electronic media by the direction of requirements (requests) about provision of information and (or) documents to the Russian and foreign legal entities, to the foreign organizations who are not legal entities, to physical persons (including foreign citizens), including to individual entrepreneurs, federal executive bodies, executive bodies of the government of subjects of the Russian Federation, the local government bodies, other bodies or the organizations performing functions of the specified bodies, to governing bodies of state non-budgetary funds having the right to place temporarily available funds in financial instruments according to the Federal Laws and other regulatory legal acts of the Russian Federation.

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