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May 1 law. the federal law

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT CHANGES
IN ARTICLE 16.1 OF THE LAW OF THE RUSSIAN FEDERATION "ON THE PROTECTION OF THE RIGHTS
CONSUMERS" AND THE FEDERAL LAW "ON THE NATIONAL
PAYMENT SYSTEM"

Clause 1 of Article 16.1 of the Law Russian Federation dated February 7, 1992 N 2300-1 "On the protection of consumer rights" (as amended by the Federal Law of January 9, 1996 N 2-FZ) (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 15, art. 766; Collection of Legislation of the Russian Federation, 1996, N 3, item 140; 2014, N 19, item 2317; 2016, N 27, item 4198) shall be stated as follows:

"1. The seller (executor) is obliged to ensure the possibility of paying for goods (works, services) by using national payment instruments, as well as cash payments at the choice of the consumer.

The obligation to ensure the possibility of paying for goods (works, services) using national payment instruments within the framework of the national payment card system applies to the seller (executor) whose proceeds from the sale of goods (works, services) for the previous calendar year exceed forty million rubles.

If the place of payment for goods (works, services) is located in a place where services of access to mobile radiotelephone communications and (or) means of collective access to the Internet information and telecommunications network are not provided, the seller (executor) is relieved of the obligation to provide an opportunity to payment for goods (works, services) using national payment instruments.

The seller is released from the obligation to ensure the possibility of paying for goods using national payment instruments in a trading facility, the proceeds from the sale of goods in which is less than five million rubles for the previous calendar year.

Include in the Federal Law of June 27, 2011 N 161-FZ "On National payment system"(Collected Legislation of the Russian Federation, 2011, N 27, Art. 3872; 2013, N 30, Art. 4084; N 52, Art. 6968; 2014, N 19, Art. 2315, 2317; N 43, Art. 5803; 2016, N 27, item 4223) the following changes:

1) Clause 11 of Article 3 after the words "of the Russian Federation," shall be supplemented with the words "unless otherwise provided by this Federal Law, and";

2) Part 8.1 of Article 20 shall be stated as follows:

"8.1. When changes are made to the payment system rules that provide for the introduction of new tariffs or an increase in the amount of tariffs, the payment system operator is obliged to notify the Bank of Russia at least 30 calendar days before the day the changes to the payment system rules come into effect and provide justification for these changes.";

3) in Article 22:

a) point 1 of part 1 shall be stated in the following wording:

"1) making transfers within the payment system for three consecutive calendar months Money in the amount not less than the value of the share of the amount of money transfers made by credit institutions established by the Bank of Russia;";

b) part 2 shall be stated as follows:

"2. A payment system is socially significant if it meets at least one of the following criteria:

1) within the payment system, for three consecutive calendar months, money transfers in the amount of at least the value of the share of the amount of money transfers made within the payment systems established by the Bank of Russia, and more than half of these money transfers in an amount not exceeding the value, established by the Bank of Russia;

2) during the calendar year, within the framework of the payment system, money transfers using payment cards in the amount not less than the value of the share of the amount of money transfers using payment cards made within the payment systems established by the Bank of Russia;

3) during the calendar year, within the framework of the payment system, money transfers without opening a bank account in the amount of at least the value of the share of the amount of money transfers without opening a bank account established by the Bank of Russia, carried out within the payment systems;

4) implementation during the calendar year within the framework of the payment system of money transfers on the bank accounts of customers - individuals(excluding money transfers using payment cards) in the amount not less than the value of the share established by the Bank of Russia of the amount of money transfers on bank accounts of individual customers carried out within payment systems.";

4) in Article 30.1:

a) in Part 2, the words "and other electronic means of payment provided by" shall be replaced by the words "and other electronic means of payment on which a trademark (service mark) owned by the NSPK operator is placed and which are provided";

"2.1. In case of placement on a national payment instrument trademark(service mark) owned by a foreign payment system operator, transactions using a national payment instrument on the territory of the Russian Federation are carried out in accordance with the rules of the NSPK.";

5) in Article 30.2:

a) Part 3 shall be stated as follows:

"3. The share of participation of the Bank of Russia in the authorized capital of the NSPK operator cannot be less than 50 percent plus one voting share.";

b) in part 4 the words "more than 10 percent" shall be replaced by the words "more than 5 percent";

6) in Article 30.5:

a) Part 1 shall be supplemented with paragraphs 3-6 as follows:

"3) Vnesheconombank as an individual NSPK participant;

4) a foreign bank (foreign credit organization) as an individual NSPK participant;

5) a foreign central (national) bank as an individual NSPK participant;

6) an international financial organization as an individual participant in the NSPK.";

b) Part 3 shall be stated as follows:

"3. Credit institutions no later than July 1, 2017 are obliged to ensure the acceptance of national payment instruments in all their technical devices intended for settlements using payment cards, including ATMs, as well as in technical devices intended for settlements using payment cards, all organizations, individual entrepreneurs with whom such credit institutions have concluded agreements on settlements on transactions using payment cards or national payment instruments.";

c) Part 5 shall be stated as follows:

"5. Credit institutions, when carrying out operations with the provisions of Parts 5.5 and 5.6 of this Article, are obliged to make payments at the expense of the budgets of the budgetary system of the Russian Federation (hereinafter referred to as payments) (except for the cases provided for by Part 5.4 of this Article) within the time limits established by Part 5.3 of this Article :

1) provide clients - individuals with only national payment instruments if the bank account provides for transactions using payment cards. A credit institution providing national payment instruments defines at least one type of payment card(type of product depending on the services provided to the client - an individual), which is a national payment instrument and for the provision, the annual maintenance of which, for the issuance of cash in the specified credit institution, as well as in its ATMs, no fee is charged from customers - individuals receiving payments provided for in clause 4 of part 5.5 of this article;

2) to credit payments to the bank accounts of clients - individuals, transactions on which are carried out using national payment instruments.";

d) add part 5.1 with the following content:

"5.1. Credit institutions are obliged to carry out transactions in the territory of the Russian Federation using payment cards on bank accounts to which payments received by individual customers are credited only using national payment instruments. The provisions of this part do not restrict the right of the account holder to carry out transactions on such bank account without using a payment card.";

e) add part 5.2 with the following content:

"5.2. The provisions of Parts 5 and 5.1 of this Article shall also be deemed to be complied with if a trademark (service mark) owned by a foreign payment system operator is placed on a national payment instrument.";

f) add part 5.3 with the following content:

"5.3. The obligations of credit institutions, established by parts 5 and 5.1 of this article, come into play:

1) in relation to individual customers when they apply for opening a bank account in order to receive payments to newly opened bank accounts that provide for transactions using payment cards - from July 1, 2017;

2) in relation to clients - individuals (with the exception of those specified in clause 1 of this part) receiving payments specified in clauses 4 and 5 of part 5.5 of this article to bank accounts that provide for transactions using payment cards that are not national payment instruments , - after the expiration of the specified payment cards, but no later than July 1, 2020;

3) in relation to clients - individuals (with the exception of those specified in clause 1 of this part) receiving payments provided for in clauses 1-3 of part 5.5 of this article - from July 1, 2018.";

g) add part 5.4 with the following content:

"5.4. The provisions of parts 5 - 5.3 of this article do not apply to cases when individual clients receive tax deductions for personal income tax, receive payments to bank accounts that do not provide for transactions with them using payment cards, receive by clients - individuals of payments by means of cash settlements (including through postal organizations), receipt by clients - individuals of lump-sum payments determined in accordance with regulatory legal acts or payments made at intervals less than once a year, and also do not apply to individuals who have a permanent place of residence outside the Russian Federation, employees of diplomatic missions, consular offices of the Russian Federation and permanent missions of the Russian Federation at international (interstate, intergovernmental) organizations.

h) add part 5.5 with the following content:

"5.5. The obligations of credit institutions, established by parts 5 and 5.1 of this article, arise when carrying out operations with the following payments:

1) financial allowance, remuneration, allowance of civil servants;

2) remuneration of employees (personnel) of state and municipal bodies, institutions, state extra-budgetary funds;

3) state scholarships;

4) pensions and other social payments, the implementation of which, in accordance with the legislation of the Russian Federation, is within the competence of pension fund Russian Federation;

5) monthly life maintenance of judges.";

i) add part 5.6 with the following content:

"5.6. The Government of the Russian Federation, in agreement with the Bank of Russia, has the right to establish a list of other payments for the purposes of applying Parts 5 and 5.1 of this Article.";

j) add part 5.7 with the following content:

"5.7. The amount of the commission fee associated with the receipt, acceptance of a national payment instrument and its use shall not exceed the amount of the commission fee charged by a credit institution for payment cards of payment systems of a similar type, type of product.";

7) in Article 30.6:

a) Part 2 shall be stated as follows:

"2. Settlement services for money transfers using national payment instruments are provided by the Bank of Russia when such transfers are made between NSPK participants specified in paragraphs 1-3 of Part 1 of Article 30.5 of this Federal Law, or in cases where these NSPK participants are one party transfer of funds, and the other party to the transfer of funds are the participants of the NSPK specified in Clauses 4-6 of Part 1 of Article 30.5 of this Federal Law.In these cases, the Bank of Russia may provide settlement services with the participation of a central payment clearing counterparty without opening banking accounts of NSPK participants specified in Clauses 4-6 of Part 1 of Article 30.5 of this Federal Law.";

b) add part 2.1 with the following content:

"2.1. Settlement services for money transfers using national payment instruments not specified in part 2 of this article, in other cases may be provided by a settlement center, which may be:

1) a credit organization;

2) Vnesheconombank;

3) a foreign bank (foreign credit institution);

4) foreign central (national) bank;

5) an international financial organization.";

c) add part 2.2 with the following content:

"2.2. If the NSPK operator engages a settlement center in accordance with Part 2.1 of this Article, the provisions of Part 1 of Article 19 of this Federal Law shall not apply.".

1. This Federal Law shall enter into force on the day of its official publication, with the exception of Article 1 of this Federal Law.

The president
Russian Federation
V. PUTIN

ABOUT CHANGES

IN ARTICLES 7 AND 38 OF THE LAW OF THE RUSSIAN FEDERATION "ON PENSION

PROVISION OF PERSONS WHO PASSED MILITARY SERVICE, SERVICE

IN THE BODIES OF THE INTERNAL AFFAIRS, STATE FIRE

SERVICES, AUTHORITIES FOR CONTROL OF THE TRAFFIC OF NARCOTICS

DRUGS AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND BODIES

OF THE CRIMINAL-EXECUTIVE SYSTEM, THE FEDERAL SERVICE OF THE TROOPS

OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATION AND THEIR FAMILIES"

State Duma

Federation Council

Include in the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of criminal executive system, the Federal Service of the National Guard Troops of the Russian Federation, and their families" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 9, item 328; Collection of Legislation of the Russian Federation, 1995, N 49, item 4693 ; 1998, N 30, item 3613; 1999, N 23, item 2813; 2000, N 50, item 4864; 2002, N 30, item 3033; 2003, N 27, item 2700; 2004, N 35 , item 3607; 2006, N 52, item 5505; 2007, N 50, item 6232; 2008, N 19, item 2098; N 30, item 3612; 2009, N 30, item 3739; 2010, N 26, item 3247; 2014, N 30, item 4217; 2016, N 27, item 4160) the following changes:

1) Article 7 shall be supplemented with the fifth part of the following content:

"Persons specified in parts two and three of this article who, due to the reasons listed in paragraph "a" of article 21 of this Law, have lost two or more breadwinners (spouse and (or) children) from among the persons specified in article 1 of this Law ( with the exception of cases when the death of the said persons occurred as a result of their illegal actions), the pension for the loss of a breadwinner, provided for in Article 30 of this Law, is established in connection with the death (death) of one of the said breadwinners at the choice of these persons.";

2) Article 38 shall be supplemented with parts three - six of the following content:

"To the survivor's pension (including calculated in the minimum amount) to persons (spouses and (or) parents) who, due to the reasons listed in paragraph "a" of Article 21 of this Law, have lost two or more breadwinners (spouse and (or) ) children) from among the persons specified in Article 1 of this Law (except for cases when the death of these persons occurred as a result of their illegal actions), an increase in the amount of 200 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law is accrued, in in connection with the death (death) of each of these breadwinners (with the exception of the breadwinner, in connection with the death (death) of whom they are entitled to a pension in the event of the loss of a breadwinner, provided for in Article 30 of this Law).

Children under the age of 18 who are studying in educational institutions full-time (with the exception of educational institutions in which training is associated with entering the military service or service in the internal affairs bodies) - until graduation, but no longer than until they reach they are 23 years of age, and children who are disabled from childhood of groups I and II, who, due to the reasons listed in paragraph "a" of Article 21 of this Law, have lost both parents from among the persons specified in Article 1 of this Law (except for cases when the death of these persons occurred as a result of their unlawful actions), a death (death) supplement is accrued to the survivor's pension (including calculated in the minimum amount) established by him in connection with the death (death) of one of the parents the other parent in the amount of 200 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law for each of these children.

Children of the persons referred to in Article 1 of this Law, who simultaneously have the right to accrue the allowances provided for in parts two and four of this Article, are charged one allowance in the largest amount.

Surcharges to the survivor's pension, provided for in parts three and four of this article, are accrued by the federal executive authorities or federal government bodies who are entitled to a survivor's pension."

The president

Russian Federation

Moscow Kremlin

"On Amendments to Article 16.1 of the Law of the Russian Federation "On the Protection of Consumer Rights" and the Federal Law "On the National Payment System"

Comment

Recall that the Russian payment card "MIR" was created within the framework of the national payment system as an alternative to the international cards VISA and MasterCard.

The first MIR cards were issued at the end of 2015. On the this moment a significant number of banks in Russia issue these cards. See the information on the website of the national payment system.

if payment is made in an area where there is no Internet connection and access services to mobile radiotelephone communications are not provided;
if the proceeds from the sale of goods through a trading facility for the previous calendar year amounted to less than 5 million rubles.

It follows from this rule: if an organization has several trading facilities, then the proceeds from the sale of products must be determined for each of them. The exemption from the obligation to install a terminal will apply to those facilities in which the mentioned revenue limit is not exceeded.

Recall that a building, structure, structure (parts thereof) equipped with equipment for displaying, demonstrating goods, servicing customers and making payments when selling goods is recognized as a trading facility (clause 4, article 2 of the Federal Law of December 28, 2009 No. 381-FZ) .

It is not entirely clear how to apply the new provisions in practice to sellers (performers) who not only sell goods, but also perform work and (or) provide services by taking orders in a retail facility. For example:

The organization is primarily engaged in the service sector. At the same time, through a trading facility, it sells related products. Reception of orders and sale of products take place in one facility. It is possible that at the end of the calendar year, the revenue from all types of activities will be more than 40 million rubles, and the revenue directly from the sale of goods will be less than 5 million rubles. On the one hand, the organization is obliged to provide in such a shopping facility the possibility of accepting the MIR card from buyers, since the proceeds from entrepreneurial activity exceeded 40 million rubles. On the other hand, the organization falls under the exception, since the proceeds from the sale of goods amounted to less than 5 million rubles;
the organization is a trading network. At the same time, in the process of selling products, it accepts orders from customers for a number of services (in particular, for packaging, delivery of sold goods, etc.). Let's assume that the revenue for the year from the sale of goods through individual retail facilities turned out to be less than 5 million rubles. At the same time, in general, trading network(including revenues for services rendered) the amount of revenue is more than 40 million rubles. Is it necessary in such a situation to place terminals for receiving cards in all outlets?

We believe that in such cases it is advisable to contact Rospotrebnadzor for clarification.

At the moment, sellers (executors) are also obliged to provide buyers with the opportunity to pay with the MIR card. However, this applies to those entities whose income from entrepreneurial activities for the previous calendar year exceeds 120 million rubles (clause 1, article 16.1 of the Law of the Russian Federation of February 7, 1992 No. 2016 No. 265).

Note that the penalties for non-compliance with this requirement have not changed. In accordance with Art. 2.4, part 4 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation:

an individual entrepreneur and an official of an organization may be fined from 15,000 rubles to 30,000 rubles;
organization - in the amount of 30,000 rubles to 50,000 rubles.

For the absence of a terminal for servicing international payment cards in a trading facility, sanctions are not applied (see the letter of Rospotrebnadzor dated July 22, 2015 "On clarification of legislation").

Do public sector institutions need to issue MIR payroll cards for employees?

Soon, credit organizations will be required to transfer payments to individuals at the expense of budgetary funds only to bank accounts, transactions on which are carried out using the MIR card. The transition to such an order of payments is phased. It starts on July 1, 2017 and must end by July 1, 2020.

However, not all funds will be credited to the MIR card. Their list is limited. Yes, according to the amendments new order crediting of funds applies to (clauses "h", clause 6, article 2 of Law No. 88-FZ):

remuneration to civil servants;
wages of employees of state and municipal bodies, institutions, extra-budgetary funds;
government scholarships;
monthly lifetime allowance for judges.

Please note that Law No. 88-FZ contains a clause stating that the Government of the Russian Federation, in agreement with the Central Bank of the Russian Federation, may subsequently expand the list of such payments (paragraphs "and" paragraph 6 of Article 2 of Law No. 88-FZ).

The table shows the types of payments from the budget and the deadlines before which an account serviced by the MIR card must be opened in the name of an individual in a bank (another credit institution) in order for the bank to credit funds intended for an individual to this account (clause "c" , "e", "z" paragraph 6 of article 2 of Law No. 88-FZ).

Budget resources	Conditions for crediting funds to the account	Deadline for switching to the MIR card
remuneration of civil servants; State scholarships		01.07.2018
remuneration of civil servants; Wages of employees of state and municipal bodies, institutions, extra-budgetary funds; State scholarships		account opening date
pensions and other social payments;	the bank account is open until 07/01/2017 and is serviced by other payment cards	upon expiration of the payment card, but no later than 01.01.2020
pensions and other social payments; Monthly life allowance for judges	a bank account is opened for the first time from 07/01/2017	account opening date

For employers in the public sector, the following is important.

If an employer currently transfers salaries to employees (civil servants) to accounts that are serviced by VISA and MasterCard payment cards, he can adhere to this procedure for payments until July 1, 2018. From this date, employers must transfer remuneration or wages only to accounts to which the MIR card is linked. In particular, for this, it is possible to conclude an agreement with the bank that issues such cards on the centralized transfer of wages within the framework of a salary project.

If remuneration or wages (from the budget funds) will be paid to employees (civil servants) who first applied for opening a bank account in order to receive these payments from July 1, 2017 (for example, from this date a new employee was admitted to the organization who does not have an open bank account), the employer should check that the payroll accounts of such employees are serviced by a credit institution using a MIR card.

Note that the bank account to which the MIR card is linked will not be needed by an individual to receive the following payments from the budget (clause "g", clause 6, article 2 of Law No. 88-FZ):

amounts of money in connection with the provision of personal income tax deductions;
funds credited to accounts that do not provide for the implementation of transactions on them using payment cards;
lump-sum payments or payments with a frequency less than once a year;
payments in favor of individuals with a permanent place of residence outside the Russian Federation.

Article 1

Clause 1 of Article 16 1 of the Law of the Russian Federation of February 7, 1992 N 2300-I "On the Protection of Consumer Rights" (as amended by the Federal Law of January 9, 1996 N 2-FZ) (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation , 1992, N 15, item 766; Collected Legislation of the Russian Federation, 1996, N 3, item 140; 2014, N 19, item 2317; 2016, N 27, item 4198) shall be stated as follows:

"1. The seller (executor) is obliged to ensure the possibility of paying for goods (works, services) by using national payment instruments, as well as cash payments at the choice of the consumer.

Article 2

Include in Federal Law No. 161-FZ of June 27, 2011 "On the National Payment System" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 27, Art. 3872; 2013, No. 30, Art. 4084; No. 52, Art. 6968; 2014, N 19, items 2315, 2317; N 43, item 5803; 2016, N 27, item 4223) the following changes:

1) Clause 11 of Article 3 after the words "of the Russian Federation," shall be supplemented with the words "unless otherwise provided by this Federal Law, and";

2) Part 8 1 of Article 20 shall be stated as follows:

"8 1. When making changes to the payment system rules that provide for the introduction of new tariffs or an increase in the amount of tariffs, the payment system operator is obliged to notify the Bank of Russia at least 30 calendar days before the day the changes to the payment system rules come into effect and provide justification for these changes.";

3) in Article 22:

a) point 1 of part 1 shall be stated in the following wording:

"1) within the framework of the payment system, for three calendar months in a row, money transfers in the amount not less than the value of the share of the amount of money transfers made by credit institutions established by the Bank of Russia;";

b) part 2 shall be stated as follows:

"2. A payment system is socially significant if it meets at least one of the following criteria:

4) during the calendar year, within the framework of the payment system, transfers of funds to the bank accounts of individual clients (except for transfers of funds using payment cards) in the amount of at least the value of the share of the amount of funds transfers to the bank accounts of clients established by the Bank of Russia - individuals carried out within the framework of payment systems.";

4) in Article 30 1:

"2 1. If a national payment instrument has a trademark (service mark) owned by a foreign payment system operator, transactions using the national payment instrument on the territory of the Russian Federation shall be carried out in accordance with the rules of the NSPK.";

5) in article 30 2:

a) Part 3 shall be stated as follows:

"3. The share of participation of the Bank of Russia in the authorized capital of the NSPK operator cannot be less than 50 percent plus one voting share.";

b) in part 4 the words "more than 10 percent" shall be replaced by the words "more than 5 percent";

6) in Article 30 5:

a) Part 1 shall be supplemented with paragraphs 3-6 as follows:

"3) Vnesheconombank as an individual NSPK participant;

4) a foreign bank (foreign credit organization) as an individual NSPK participant;

5) a foreign central (national) bank as an individual NSPK participant;

6) an international financial organization as an individual participant in the NSPK.";

b) Part 3 shall be stated as follows:

"3. Not later than July 1, 2017, credit institutions are obliged to ensure the acceptance of national payment instruments in all their technical devices intended for making settlements using payment cards, including ATMs, as well as in technical devices intended for making settlements using payment cards, all organizations, individual entrepreneurs with which such credit institutions have concluded agreements on the implementation of settlements on transactions using payment cards or national payment instruments.

c) Part 5 shall be stated as follows:

"5. Credit institutions, when carrying out operations with the provisions of parts 5 5 and 5 6 of this article, are obliged to make payments at the expense of the budgets of the budget system of the Russian Federation (hereinafter referred to as payments) (except for the cases provided for by part 5 4 of this article) within the time limits established by part 5 3 of this article:

1) provide clients - individuals with only national payment instruments if the bank account provides for transactions using payment cards. A credit institution providing national payment instruments determines at least one type of payment card (type of product depending on the services provided to the client - an individual), which is a national payment instrument and for the provision, annual maintenance of which, for the issuance of cash on which in the specified credit organization, as well as in its ATMs, no fee is charged from customers - individuals receiving payments provided for in clause 4 of part 5 5 of this article;

2) to credit payments to the bank accounts of clients - individuals, transactions on which are carried out using national payment instruments.";

d) add part 5 1 of the following content:

"5 1. Credit institutions are obliged to carry out transactions in the territory of the Russian Federation using payment cards on bank accounts to which payments received by individual customers are credited, only using national payment instruments. The provisions of this part do not restrict the right of the account holder to carry out transactions on such bank account without using a payment card.";

e) add part 5 2 of the following content:

"5 2. The provisions of paragraphs 5 and 5 1 of this Article shall also be deemed to be complied with if a national payment instrument has a trademark (service mark) owned by a foreign payment system operator.";

f) add part 5 3 of the following content:

"5 3. The obligations of credit institutions, established by parts 5 and 5 1 of this article, come into play:

2) in relation to clients - individuals (with the exception of those specified in clause 1 of this part) receiving payments specified in clauses 4 and 5 of part 5 5 of this article to bank accounts that provide for transactions using payment cards that are not national payment cards; instruments - after the expiration of the specified payment cards, but no later than July 1, 2020;

3) in relation to clients - individuals (with the exception of those specified in clause 1 of this part) receiving payments provided for in clauses 1-3 of part 5 5 of this article - from July 1, 2018.";

g) add part 5 4 of the following content:

"5 4. The provisions of parts 5 - 5 3 of this article do not apply to cases when individual clients receive tax deductions for personal income tax, receive payments to bank accounts by individual clients that do not provide for transactions using payment cards , receipt by clients - individuals of payments by cash (including through postal organizations), receipt by clients - individuals of lump-sum payments determined in accordance with regulatory legal acts or payments made at intervals less than once a year, and also do not apply in relation to individuals who have a permanent place of residence outside the Russian Federation, employees of diplomatic missions, consular offices of the Russian Federation and permanent missions of the Russian Federation at international (interstate, intergovernmental) organizations.

h) add part 5 5 of the following content:

"5 5. The obligations of credit institutions, established by parts 5 and 5 1 of this article, arise when carrying out operations with the following payments:

1) financial allowance, remuneration, allowance of civil servants;

2) remuneration of employees (personnel) of state and municipal bodies, institutions, state extra-budgetary funds;

3) state scholarships;

4) pensions and other social payments, the implementation of which, in accordance with the legislation of the Russian Federation, falls within the competence of the Pension Fund of the Russian Federation;

5) monthly life maintenance of judges.";

i) add part 5 6 of the following content:

"5 6. The Government of the Russian Federation, in agreement with the Bank of Russia, is entitled to establish a list of other payments for the purposes of applying parts 5 and 5 1 of this article.";

j) add part 5 7 of the following content:

"5 7. The amount of the commission fee associated with the receipt, acceptance of a national payment instrument and its use shall not exceed the amount of the commission fee charged by a credit institution for payment cards of payment systems of a similar type, type of product.";

7) in Article 30 6:

a) Part 2 shall be stated as follows:

"2. Settlement services for money transfers using national payment instruments are provided by the Bank of Russia when such transfers are made between NSPK participants specified in paragraphs 1-3 of Part 1 of Article 30 5 of this Federal Law, or in cases where these NSPK participants are one party to the transfer of funds, and the other party to the transfer of funds are the NSPK participants specified in clauses 4-6 of Part 1 of Article 30 5 of this Federal Law.In these cases, the provision of settlement services by the Bank of Russia may be carried out with the participation of a central payment clearing counterparty without opening a Russian bank accounts of NSPK participants specified in paragraphs 4-6 of Part 1 of Article 30 5 of this Federal Law.";

b) add part 2 1 of the following content:

"2 1. Settlement services for money transfers using national payment instruments not specified in paragraph 2 of this article, in other cases may be provided by a settlement center, which may be:

1) a credit organization;

2) Vnesheconombank;

3) a foreign bank (foreign credit institution);

4) foreign central (national) bank;

5) an international financial organization.";

c) add part 2 2 of the following content:

"2 2. If the NSPK operator engages a settlement center in accordance with Part 2 1 of this Article, the provisions of Part 1 of Article 19 of this Federal Law shall not apply.".

Article 3

1. This Federal Law shall enter into force on the day of its official publication, with the exception of Article 1 of this Federal Law.

President of Russian Federation

Clause 1 of Article 16.1 of the Law of the Russian Federation of February 7, 1992 No. 2300-I "On the Protection of Consumer Rights" (as amended by the Federal Law of January 9, 1996 No. 2-FZ) (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 15, article 766; Collection of Legislation of the Russian Federation, 1996, No. 3, article 140; 2014, No. 19, article 2317; 2016, No. 27, article 4198) shall be amended as follows:

"one. The seller (executor) is obliged to ensure the possibility of paying for goods (works, services) by using national payment instruments, as well as cash payments at the choice of the consumer.

If the place of payment for goods (works, services) is located in a place where services of access to mobile radiotelephone communications and (or) means of collective access to the information and telecommunications network "Internet" are not provided, the seller (executor) is released from the obligation to provide the opportunity to payment for goods (works, services) using national payment instruments.

Include in the Federal Law of June 27, 2011 No. 161-FZ “On the National Payment System” (Collected Legislation of the Russian Federation, 2011, No. 27, Art. 3872; 2013, No. 30, Art. 4084; No. 52, Art. 6968; 2014, No. 19, articles 2315, 2317; No. 43, article 5803; 2016, No. 27, article 4223) the following changes:

1) Clause 11 of Article 3 after the words "of the Russian Federation," shall be supplemented with the words "unless otherwise provided by this Federal Law, and";

2) Part 8.1 of Article 20 shall be stated as follows:

“8.1. When changes are made to the payment system rules that provide for the introduction of new tariffs or an increase in the amount of tariffs, the payment system operator is obliged to notify the Bank of Russia at least 30 calendar days before the day the changes to the payment system rules come into effect and provide a rationale for these changes .»;

3) in Article 22:

a) point 1 of part 1 shall be stated in the following wording:

“1) within the framework of the payment system, for three calendar months in a row, money transfers in the amount not less than the value of the share of the amount of money transfers made by credit institutions established by the Bank of Russia;”;

b) part 2 shall be stated as follows:

"2. A payment system is socially significant if it meets at least one of the following criteria:

4) in Article 30.1:

a) in Part 2, the words “and other electronic means of payment provided by” shall be replaced by the words “and other electronic means of payment on which a trademark (service mark) owned by the NSPK operator is placed and which are provided”;

“2.1. If a trademark (service mark) owned by a foreign payment system operator is placed on a national payment instrument, transactions using the national payment instrument on the territory of the Russian Federation shall be carried out in accordance with the rules of the NSPK.”;

5) in Article 30.2:

a) Part 3 shall be stated as follows:

“3. The share of participation of the Bank of Russia in the authorized capital of the NSPK operator cannot be less than 50 percent plus one voting share.”;

b) in part 4 the words "more than 10 percent" shall be replaced by the words "more than 5 percent";

6) in Article 30.5:

a) Part 1 shall be supplemented with paragraphs 3-6 as follows:

“3) Vnesheconombank as an individual NSPK participant;

4) a foreign bank (foreign credit organization) as an individual NSPK participant;

5) a foreign central (national) bank as an individual NSPK participant;

6) an international financial organization as an individual participant in the NSPK.”;

b) Part 3 shall be stated as follows:

“3. Credit institutions, no later than July 1, 2017, are obliged to ensure the acceptance of national payment instruments in all their technical devices intended for making payments using payment cards, including ATMs, as well as in technical devices intended for making payments using payment cards, of all organizations, individual entrepreneurs with whom such credit institutions have concluded agreements on settlements on transactions using payment cards or national payment instruments.”;

c) Part 5 shall be stated as follows:

"5. When carrying out transactions with the payments provided for by Parts 5.5 and 5.6 of this Article at the expense of the budgets of the budgetary system of the Russian Federation (hereinafter referred to as payments), credit institutions are obliged (except for the cases provided for by Part 5.4 of this Article) within the time limits established by Part 5.3 of this Article:

1) provide clients - individuals with only national payment instruments if the bank account provides for transactions using payment cards. A credit institution providing national payment instruments determines at least one type of payment card (type of product depending on the services provided to the client - an individual), which is a national payment instrument and for the provision, annual maintenance of which, for the issuance of cash on which in the specified credit institution, as well as in its ATMs, no fee is charged from customers - individuals receiving payments provided for in clause 4 of part 5.5 of this article;

2) credit payments to bank accounts of clients - individuals, transactions on which are carried out using national payment instruments. ”;

d) add part 5.1 with the following content:

“5.1. Credit institutions are obliged to carry out transactions in the territory of the Russian Federation using payment cards on bank accounts to which payments received by individual customers are credited, only using national payment instruments. The provisions of this part do not restrict the right of the account holder to carry out transactions on such a bank account without using a payment card.”;

e) add part 5.2 with the following content:

“5.2. The provisions of paragraphs 5 and 5.1 of this Article shall also be deemed to be complied with if a trademark (service mark) owned by a foreign payment system operator is placed on a national payment instrument.”;

f) add part 5.3 with the following content:

“5.3. The obligations of credit institutions, established by parts 5 and 5.1 of this article, come into play:

3) in relation to clients - individuals (with the exception of those specified in paragraph 1 of this part) receiving payments provided for in paragraphs 1 - 3 of part 5.5 of this article - from July 1, 2018.”;

g) add part 5.4 with the following content:

“5.4. The provisions of parts 5 - 5.3 of this article do not apply to cases when clients - individuals receive tax deductions for personal income tax, receipt by clients - individuals of payments to bank accounts that do not provide for transactions with them using payment cards, receipt by clients - individuals by persons of payments by means of cash settlements (including through postal organizations), receipt by individual clients of lump-sum payments determined in accordance with regulatory legal acts or payments made at intervals less than once a year, and also do not apply to individuals, having a permanent place of residence outside the Russian Federation, employees of diplomatic missions, consular offices of the Russian Federation and permanent missions of the Russian Federation at international (interstate, intergovernmental) organizations.

h) add part 5.5 with the following content:

“5.5. The obligations of credit institutions established by Parts 5 and 5.1 of this article arise when carrying out operations with the following payments:

1) financial allowance, remuneration, allowance of civil servants;

2) remuneration of employees (personnel) of state and municipal bodies, institutions, state extra-budgetary funds;

3) state scholarships;

5) monthly life maintenance of judges.”;

i) add part 5.6 with the following content:

“5.6. The Government of the Russian Federation, in agreement with the Bank of Russia, has the right to establish a list of other payments for the purposes of applying Parts 5 and this article.”;

j) add part 5.7 with the following content:

“5.7. The amount of the commission fee associated with the receipt, acceptance of a national payment instrument and its use should not exceed the amount of the commission fee charged by a credit institution for payment cards of payment systems of a similar type, type of product.”;

7) in Article 30.6:

a) Part 2 shall be stated as follows:

"2. Settlement services for money transfers using national payment instruments are provided by the Bank of Russia when such transfers are made between NSPK participants specified in Clauses 1-3 of Part 1 of Article 30.5 of this Federal Law, or in cases where these NSPK participants are one party to the transfer of funds , and the other party to the transfer of funds are the NSPK participants specified in paragraphs 4-6 of Part 1 of Article 30.5 of this Federal Law. In these cases, the provision of settlement services by the Bank of Russia may be carried out with the participation of a central payment clearing counterparty without opening bank accounts of NSPK participants specified in Clauses 4–6 of Part 1 of Article 30.5 of this Federal Law with the Bank of Russia.”;

b) add part 2.1 with the following content:

“2.1. Settlement services for money transfers using national payment instruments not specified in part 2 of this article, in other cases may be provided by a settlement center, which may be:

1) a credit organization;

2) Vnesheconombank;

3) a foreign bank (foreign credit institution);

4) foreign central (national) bank;

5) international financial organization.”;

c) add part 2.2 with the following content:

“2.2. If the NSPK operator engages a settlement center in accordance with Part 2.1 of this Article, the provisions of Part 1 of Article 19 of this Federal Law shall not apply.”.

1. This Federal Law shall enter into force on the day of its official publication, with the exception of this Federal Law.

President of Russian Federation

V. Putin

Moscow Kremlin

Document overview

Changes have been made to the laws on consumer protection and on the national payment system.

Amendments to the Law on the National Payment System relate to the use of Mir cards. Thus, the deadline for the transition of pensioners to cards is July 1, 2020. For other public sector employees, military personnel, civil servants, etc. - July 1, 2018. The general transition begins on July 1, 2017. Issuance and maintenance of cards for pensioners will be free.

It is not required to open "Mir" cards to receive payments on tax deductions (personal income tax) and for one-time payments.

It is fixed that the minimum share of the Bank of Russia in the authorized capital of NSPK is 50% plus 1 share. The maximum concentration of shares of other participants cannot exceed 5%.

In the Consumer Rights Protection Law, the obligation to ensure the possibility of paying for goods (works, services) using national payment instruments within the framework of the NSPK applies to the seller (executor) whose proceeds from the sale of goods (works, services) for the previous calendar year exceed 40 million rubles .

The subject may be exempted from this obligation if services are not provided in the relevant territory mobile communications or no internet access. Another exception is the proceeds from the sale of goods is less than 5 million rubles. for the previous calendar year.

A federal law enters into force on the day of its official publication, with the exception of certain provisions for which a different period is provided.

25.04.2020

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