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Ministry of Justice

Russian Federation

On November 3, 2016 No. 44234

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 17, 2016 No. 4164-U

About procedure for conducting anti-corruption examination of regulations and drafts of regulations of the Bank of Russia

This Instruction according to the Federal Law of July 17, 2009 No. 172-FZ "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" (The Russian Federation Code, 2009, No. 29, Art. 3609; 2011, No. 48, Art. 6730; 2013, No. 43, the Art. 5449) establishes procedure for conducting anti-corruption examination of regulations and drafts of regulations of the Bank of Russia.

Chapter 1. General provisions

1.1. Anti-corruption examination of regulations and drafts of regulations of the Bank of Russia is carried out for the purpose of identification to them corruptogenic factors and their subsequent elimination.

1.2. Anti-corruption examination of regulations and drafts of regulations of the Bank of Russia is carried out with use of technique of conducting the anti-corruption examination of regulatory legal acts and projects of regulatory legal acts approved by the order of the Government of the Russian Federation of February 26, 2010 No. 96 "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" (The Russian Federation Code, 2010, No. 10, Art. 1084; 2012, No. 52, Art. 7507; 2013, No. 13, Art. 1575; No. 48, Art. 6278; 2015, No. 6, Art. 965; No. 30, the Art. 4604) (further - the Technique).

Chapter 2. Anti-corruption examination of drafts of regulations of the Bank of Russia

2.1. Anti-corruption project appraisal of the regulation of the Bank of Russia is carried out by the structural division responsible for its preparation (further - responsible structural division), and Legal department.

2.2. The corruptogenic factors revealed by Legal department in the draft of the regulation of the Bank of Russia which arrived for consideration are reflected as a part of notes and offers on this project with indication of structural units in which they contain.

The responsible structural division eliminates the corruptogenic factors revealed by Legal department in case of completion of the draft of the regulation of the Bank of Russia.

In case of disagreement with conclusions of Legal department about availability in the draft of the regulation of the Bank of Russia of corruptogenic factors the responsible structural division shall prepare motivated reasons for the disagreement and organize holding conciliatory meeting.

If following the results of conciliatory meeting the single line item was not developed, the question of need of modification of the draft of the regulation of the Bank of Russia is submitted for consideration of the Chairman of the Bank of Russia (the vice-chairman of the Bank of Russia coordinating and controlling work of responsible structural division). The report signed by the head of responsible structural division with motivated reasons for the disagreement with conclusions of Legal department about availability in the draft of the regulation of the Bank of Russia of corruptogenic factors to which are attached necessary, according to responsible structural division, documents is for this purpose prepared.

2.3. The responsible structural division carries out anti-corruption project appraisal of the regulation of the Bank of Russia before its direction on coordination in structural divisions and, in case of decision making about absence in it corruptogenic factors, constitutes the conclusion about conducting anti-corruption examination of this project (appendix to this Instruction).

The conclusion about carrying out anti-corruption project appraisal of the regulation of the Bank of Russia signed by the head (deputy manager) of responsible structural division is sent by responsible structural division for approval in Legal department along with the draft of the regulation of the Bank of Russia.

If in the draft of the regulation of the Bank of Russia which arrived on coordination there are no corruptogenic factors, the Legal department along with vising of the draft of the regulation of the Bank of Russia approves the conclusion about conducting anti-corruption examination of this project.

The conclusions about conducting anti-corruption examination are not constituted by responsible structural divisions according to drafts of regulations of the Bank of Russia which contents is only establishment of interest rates (interest rate realignment) for transactions of the Bank of Russia, establishment (change) of the amount of payment for right to use by intra overnight credits of the Bank of Russia, establishment of the size of mandatory reserve requirements (standard rates of required reserves, coefficient of averaging of required reserves), the sizes of obligatory standard rates for credit institutions, banking groups and not credit financial credit institutions, direct quantitative restrictions.

2.4. Drafts of regulations of the Bank of Russia which should be directed to state registration in the Ministry of Justice of the Russian Federation (except for drafts of the regulations of the Bank of Russia containing the data which are the state secret, or other information of limited access) are subject to independent anti-corruption examination.

Independent anti-corruption examination is carried out by the legal entities and physical persons accredited by the Ministry of Justice of the Russian Federation as experts in conducting independent anti-corruption examination of regulatory legal acts and projects of regulatory legal acts (further - independent experts) <1>.

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<1> The item 4 Corrected conducting anti-corruption examination of regulatory legal acts and projects of the regulatory legal acts approved by the order of the Government of the Russian Federation of February 26, 2010 No. 96 "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts".

2.5. For the purpose of possibility of carrying out independent anti-corruption project appraisal of the regulation of the Bank of Russia the responsible structural division during the working day corresponding to day of the direction of this project on coordination in Legal department sends to the Press service of the Bank of Russia for placement on the website www.regulation.gov.ru on the Internet the text of the specified project with the cover letter. In the cover letter start and end dates of acceptance of the conclusions from independent experts shall be specified.

The term of placement of the draft of the regulation of the Bank of Russia on the website www.regulation.gov.ru on the Internet cannot constitute less than 7 days.

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