RESOLUTION OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS July 2012 No. 667
On some issues of working with citizens' appeals and legal entities
In order to streamline the work in state bodies, state and other organizations with appeals from citizens and legal entities received in the course of "hot lines" and "direct telephone lines", the Council of Ministers of the Republic of Belarus DECIDES:
1. Determine that:
1.1. organization of "hot lines" and "direct telephone lines" on issues relevant to citizens and legal entities is carried out by managers government agencies, state and other organizations (with the exception of diplomatic missions and consular offices of the Republic of Belarus) (hereinafter referred to as organizations).
Citizens and legal entities apply to the hotline of the organization for questions of a reference and consulting nature related to its activities.
During the “direct telephone line”, citizens and legal entities contact the organization on issues within its competence, or on a pre-planned topic, due to its relevance;
1.2. "hot line" is conducted by the organization's specialists in working time in weekdays. At the same time, the head of the organization may set additional days and times for its holding.
Order of conduct " hotline» and work with requests received during its implementation is established by the head of the organization. Appeals received during the "hot line" are not subject to registration;
1.3. "direct telephone line" is carried out:
The head of the organization, except for the head of the local executive and administrative body - at least once a quarter;
Head of the local executive and administrative body - at least once every two months;
Deputy heads, heads of structural divisions of the organization - at least once a quarter.
The date, time and duration of the "direct telephone line" are set by the head of the organization in each case or by drawing up plans (schedules).
Office work on appeals received during the "direct telephone line" is carried out in organizations in the manner prescribed by the head of the organization, taking into account the requirements of this resolution;
1.4. information about the holding of a "hot line", "direct telephone line" is brought to public attention by posting it in the media, global computer network Internet, on information stands (board) of the organization;
1.5. when conducting a “hot line” and “direct telephone line”, by decision of the head of the organization, an audio recording can be made with notification of citizens and legal entities;
1.6. when contacting the “direct telephone line”, a citizen must provide his surname, first name, patronymic (if any), data on the place of residence and (or) work (study), and a representative of a legal entity - surname, first name, patronymic (if its presence), the name of the legal entity it represents and its legal address, state the essence of the appeal;
1.7. during the "direct telephone line" citizens and legal entities are given full and comprehensive answers to their questions within the competence of the organization.
If it is necessary to further study the issue, conduct a special check or request relevant information, the appeal is registered on the day of its receipt by issuing a registration and control card in the form according to the appendix;
1.8. if the appeal or individual questions raised in it, received during the “hot line”, “direct telephone line”, do not fall within the competence of the organization, the citizen and legal entity is explained to which organization they need to contact. Such appeals are not subject to registration;
1.9. Citizens and legal entities are notified of the results of consideration of appeals not resolved during the “direct telephone line” within fifteen days from the date of registration of appeals in the organization.
If it is necessary to further study the issue, conduct a special audit or request relevant information, the period for consideration of such applications may be extended up to one month;
1.10. Responsibility for organizing work with applications received during the "hot line" and "direct telephone line", as well as monitoring their consideration rests with the heads of organizations.
2. Recognize as invalid the Resolution of the Council of Ministers of the Republic of Belarus dated June 28, 2011 No. 854 “On Certain Issues of Working with Appeals from Citizens and Legal Entities” ( National Register legal acts of the Republic of Belarus, 2011, No. 75, 5/34057).
3. This resolution comes into force after its official publication. Prime Minister of the Republic of Belarus M. Myasnikovich
September 22, 2016 on the official Internet portal of legal information http://www.pravo.gov.ru published the text of the Decree of the Government of the Russian Federation of September 17, 2016 N 933 "On amendments to certain acts of the Government Russian Federation».
This legal act shall enter into force seven days after the day of their first official publication. Thus, the effective date of Decree N 933 is September 30, 2016.
Decree N 933 amends the previously adopted acts of the Government of the Russian Federation, regulating both the organization and implementation internal control in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as AML/CFT).
In particular, significant changes are included in the Requirements for Internal Control Rules developed by organizations carrying out transactions with in cash or other property, and individual entrepreneurs, approved by Decree of the Government of the Russian Federation of June 30, 2012 N 667.
In addition, the Regulations on the submission of information to the Federal Service for financial monitoring organizations carrying out transactions with funds or other property, and individual entrepreneurs and sending requests by the Federal Financial Monitoring Service to organizations engaged in transactions with funds or other property, and individual entrepreneurs, approved Decree of the Government of the Russian Federation of March 19, 2014 N 209.
Amendments to the above acts of the Government of the Russian Federation are due to the need to bring them into line with the provisions of the wording of Federal Law No. 115-FZ of 07.08.2001 “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”, which entered into force on 01/10/2016.
Recall that the main novelties of this edition of Federal Law N 115-FZ:
- a new type of client is provided - a foreign structure without forming a legal entity, - an appropriate concept is introduced, and the corresponding requirements for identification are established;
- the list of documents that can be required from clients during identification has been expanded
- the obligation to document and submit to the authorized body information on all cases of refusal to conduct transactions on the grounds specified in paragraph 11 of Article 7 of Federal Law N 115-FZ has been extended to all AML/CFT entities (previously it was mandatory only for credit institutions, as well as non-credit financial institutions supervised by the Bank of Russia);
- fixed general provisions on the procedure for forming and bringing to the attention of credit institutions, as well as non-bank financial institutions supervised by the Bank of Russia, the so-called "black list of refuseniks".
However, in order to implement a number of provisions of Federal Law N 115-FZ, as amended on 01/10/2016, amendments to by-laws were required, which was done by the Resolution N 933 under consideration after only eight months.
Let us consider in more detail the content of the changes and additions that come into force on September 30, 2016.
Decree of the Government of the Russian Federation of June 30, 2012 N 667
The following fundamental and important changes can be distinguished.
1) It is established that "The head of the organization and the individual entrepreneur ensure control over the compliance of the applied internal control rules with the requirements of the legislation of the Russian Federation." This addendum establishes a specific person who is responsible for the content of the internal control rules and the timing of their updating in accordance with changes in legislation.
It should be noted that it is a long-established practice to bring to administrative responsibility (including for non-compliance of the content of internal control rules with the requirements of the law) precisely the leading officials.
“The internal control rules must be brought into line by the organization and the individual entrepreneur with the requirements of regulatory legal acts on combating the legalization (laundering) of proceeds from crime and the financing of terrorism no later than one month after the date of entry into force of the specified regulatory legal acts, unless otherwise established such normative legal acts».
A period has been established during which AML/CFT entities not supervised by the Bank of Russia must have their own internal control rules.
Earlier, Rosfinmonitoring, referring to the lack of legislative regulation of this issue, repeatedly recommended that AML / CFT entities make appropriate changes to their internal control rules within 30 calendar days from the date of entry into force of changes affecting the content of internal control rules in Federal Law No. 115- Federal Law or other regulatory legal acts in the field of AML / CFT (Information letter of Rosfinmonitoring dated 03.09.2012 N 20, Information message dated 05.17.2016).
Previously, in practice, there were cases when the supervisory authority, during the audit, qualified under Part 1 of Art. 15.27 of the Code of Administrative Offenses of the Russian Federation, the absence of an immediate update of the internal control rules after the entry into force of changes in legislation.
Thus, in particular, the Interregional Department of the Federal Financial Monitoring Service for the Southern Federal District, following the results of the inspection of the activities of the real estate agency, in the Inspection Act dated 06/30/2015, in addition to other identified violations, indicated that “at the time of the inspection, the company uses internal control rules from 01/01/2015. At the same time, these internal control rules do not comply with the current legislation in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, since they are not brought into line with the amendments made by Federal Law No. 140 of 08.06.2015.”
The Arbitration Court, considering the application for declaring illegal and canceling the decision to bring to administrative responsibility in the form of an administrative fine in the amount of 50,000 rubles, indicated that “The Company uses the internal control rules of 01.01.2015 in its work, however, these rules do not comply with current legislation , since they are not brought into line with the amendments made by Federal Law No. 140-FZ dated 08.06.2015.”
The decision of the court of appeal states the following: “In the opinion of the company, in accordance with the Decree of the Government of the Russian Federation dated June 30, 2012 No. legal act which have been amended accordingly. According to the program for organizing the internal control of the company, such changes are made within 30 days from the date of entry into force of the regulatory legal act. Thus, the obligation to bring the internal control rules in line could be fulfilled before 07/09/2015. However, the documents, the results of the study of which revealed an imputed violation, are submitted for verification before the expiration of the specified period - 06/25/2015.
This argument of the company is not accepted by the court of appeal. The relevant regulatory legal act, to which the applicant refers, does not contain a provision providing for the right of the organization to independently determine the period for bringing the internal control rules in line with the current legislation. Amendments to Law No. 115-FZ were made by Federal Law No. 140-FZ of 08.06.2015, which entered into force from the date of official publication (published on the official Internet portal of legal information http://www.pravo.gov.ru - 08.06. 2015). At the time of the audit, these changes were in effect, but the company did not take them into account in the internal control rules.”
The court of cassation terminated the proceedings on the complaint, referring to the fact that in the case under consideration judicial acts cannot be appealed to the court of cassation.
Currently, the complaint of the real estate agency has been accepted for consideration by the Supreme Court of the Russian Federation.
Note that the position Supreme Court of the Russian Federation in the case under consideration (if the complaint is considered on the merits) can have a significant impact on the practice of applying the provisions of Federal Law N 115-FZ to the activities of realtors, since one of the arguments of the cashier is that the activities of the company during the audited period are not subject to the Federal Law N 115-FZ.
2) Another innovation is the indication that internal control rules must be drawn up on paper.
3) The requirements for the content of the program for identifying customers, customer representatives and (or) beneficiaries, as well as beneficial owners have been changed. Most of the changes are of a technical and stylistic nature, aimed at eliminating inaccuracies in the wording.
4) The requirements for the content of other internal control programs have been specified and supplemented:
- a program that regulates the course of action in case of refusal to execute a client's order to complete a transaction;
- a program that regulates the procedure for suspending operations in accordance with the Federal Law;
- a program that regulates the procedure for applying measures to freeze (block) funds or other property.
Decree of the Government of the Russian Federation of March 19, 2014 N 209
The main change is an indication of the need to submit to the Federal Financial Monitoring Service information on cases of refusal to execute a client's order to make a transaction with cash or other property on the grounds specified in paragraph 11 of Article 7 of the Federal Law.
Other changes relate to the elimination of inaccuracies in the wording and clarification of references to specific provisions of the Federal Law N 115-FZ.
The next step to ensure the possibility of implementing in practice the obligation of AML / CFT entities to inform the authorized body about cases of refusal to execute the client's order to complete the transaction should be to introduce changes:
- in the Order of Rosfinmonitoring dated April 22, 2015 N 110 “On approval of the Instruction on the submission to the Federal Service for Financial Monitoring of information provided for by the Federal Law of August 7, 2001 N 115-FZ “On counteracting the legalization (laundering) of proceeds from crime, and financing of terrorism” (with subsequent registration with the Ministry of Justice);
- to Rosfinmonitoring Order No. 261 dated August 27, 2015 “On approval of the description of the formats of formalized electronic messages, the direction of which is provided for by the Instruction on submitting information to the Federal Financial Monitoring Service provided for by Federal Law No. 115-FZ dated August 7, 2001 “On counteracting legalization ( laundering) of proceeds from crime and the financing of terrorism”, approved by order of the Federal Financial Monitoring Service of April 22, 2015 N 110, and recommendations for filling them out”.
NEED TO MAKE CHANGES
INTERNAL CONTROL RULES FOR AML/CFT PURPOSE
For non-bank financial institutions, no changes to the internal control rules are required.
For AML/CFT entities not supervised by the Bank of Russia, when determining the deadline for making changes to the internal control rules, now one should be guided by the provisions of paragraph 1 (1) of Decree of the Government of the Russian Federation No. 667 dated June 30, 2012.
Thus, the internal control rules should be updated no later than October 30, 2016.
INTERNAL TRAINING IS REQUIRED
Non-credit financial organizations
Despite the fact that the changes made to Decree of the Government of the Russian Federation of March 19, 2014 N 209, in essence, do not apply to the relevant areas of activity of non-credit financial organizations, in order to minimize the risks of subjective claims from employees of supervisory authorities, we recommend that targeted (unscheduled) briefing be carried out in until October 05, 2016 (Clause 3.4 of Bank of Russia Ordinance No. 3471-U dated December 5, 2014 “On Requirements for Training and Education of Personnel in Non-Bank Financial Institutions”):
Other AML/CFT entities
The legislation does not establish the terms for additional briefing when changing the existing regulatory legal acts of the Russian Federation in the field of AML / CFT, as well as when the organization approves new or changes the existing ICR.
Therefore, it is advisable to conduct such briefing as soon as possible.
The current legislation does not require the issuance of any administrative act (order or instruction) for conducting internal training in the field of AML/CFT.
Thus, it is enough to draw up a document confirming the fact of the training, containing an indication of the date of the corresponding briefing, its subject, as well as the signature of the employee who underwent the training.
USSR COUNCIL OF MINISTERS
RESOLUTION
ON THE APPROVAL OF RULES FOR THE PROTECTION OF ELECTRIC
NETWORKS WITH VOLTAGE UP TO 1000 VOLTS
The Council of Ministers of the USSR decides:
1. Approve the attached Rules of Protection electrical networks voltage up to 1000 volts.
The Ministry of Energy and Electrification of the USSR and the councils of ministers of the union republics should organize a wide familiarization of the population with the said Rules and ensure control over their implementation.
2. The State Committee of the Council of Ministers of the USSR for Publishing, Printing and Book Trade and the State Committee of the Council of Ministers of the USSR for Cinematography to ensure, on orders from the Ministry of Energy and Electrification of the USSR, respectively, the publication of posters, the release of films and film magazines on issues compliance with the requirements of the Rules for the protection of electrical networks voltage up to 1000 volts.
3. Instruct the Councils of Ministers of the Union Republics to consider the issue of administrative liability for violation of the requirements of the Rules for the Protection of Electrical Networks with Voltages up to 1,000 Volts and submit appropriate proposals to the presidiums of the Supreme Soviets of the Union Republics.
Chairman of the board
Ministers of the USSR
A.KOSYGIN
Manager
Council of Ministers of the USSR
M.SMIRTYUKOV
Approved
Decree
Council of Ministers of the USSR
PROTECTION OF ELECTRIC NETWORKS WITH VOLTAGE UP TO 1000 VOLTS
1. These Rules are introduced in order to ensure the safety of electrical networks with voltage up to 1000 volts and to prevent accidents. The rules are mandatory for the design, construction and operation of overhead, underground and underwater power lines, input and distribution devices.
2. For the protection of electrical networks with voltage up to 1000 volts, the following are installed:
a) security zones:
along overhead power lines (with the exception of branches to the inputs to buildings) in the form of a plot of land bounded by parallel straight lines, spaced from the projections of the extreme wires on the surface of the earth (with their undeflected position) by 2 meters on each side;
along underground cable power lines in the form of a plot of land bounded by parallel straight lines spaced from the outermost cables by 1 meter on each side, and when cable lines pass in cities under sidewalks - by 0.6 meters towards buildings and structures and by 1 meter in side of the roadway;
along submarine cable power lines in the form of a section of water space from the water surface to the bottom, enclosed between vertical planes spaced from the extreme cables by 100 meters on each side;
b) the minimum allowable distances between power lines with a voltage of up to 1000 volts and the nearest buildings and structures, as well as tree and other perennial plantations, determined by the Electrical Installation Rules approved by the USSR Ministry of Energy and Electrification.
3. If power lines with voltage up to 1000 volts pass through forests, pruning of trees growing in close proximity to the wires is carried out by the organization operating the power lines. When power lines pass through parks, gardens and other perennial plantings, pruning of trees is carried out by the organization operating the power lines, and by mutual agreement of the parties - by the organization in charge of these plantations, or by individual owners of gardens and other perennial plantations in the manner determined by the organization, operating transmission line.
4. Within the security zones of power lines with voltage up to 1000 volts, without the written consent of the organization operating these lines, it is prohibited:
a) carry out construction, assembly, blasting and irrigation works, plant and cut down trees, arrange sports grounds and playgrounds, store fodder, fertilizers, fuel and other materials;
b) arrange berths for the parking of ships, barges and floating cranes, produce loading and unloading, dredging and dredging, drop anchors, pass with anchors and trawls released, allocate fishing areas, catch fish, as well as aquatic animals and plants with bottom fishing gear, arrange watering places, split and harvest ice (in the protection zones of underwater cable power lines );
c) to arrange driveways for machines and mechanisms having a total height with or without load from the road surface of more than 4.5 meters, as well as parking for motor vehicles and horse-drawn vehicles, machines and mechanisms (in the security zones of overhead power lines);
d) carry out earthworks at a depth of more than 0.3 meters and leveling the soil with the help of bulldozers, excavators and other earthmoving machines(in security zones of cable power lines).
The security zones of power lines with a voltage of up to 1000 volts passing through the territory of experimental agricultural stations, variety testing plots, production facilities of collective farms, state farms and other agricultural enterprises and organizations, as well as production facilities of the Selkhoztekhnika regional associations, can be used by the enterprise or organization that owns these stations, sections and facilities, without the consent of the organization operating the transmission lines, but with the obligatory maintenance of the safety of these lines andcompliance with security measures.
5. It is forbidden to perform any kind of actions that may disrupt the normal operation of electrical networks or lead to their damage, and in particular:
a) throw foreign objects on the wires, attach and tie foreign objects to the supports and wires, climb on the supports, block up the approaches to them and dump snow from the roofs of buildings onto the wires;
b) dump heavy weights (over 5 tons), pour out solutions of acids, alkalis and salts, arrange all kinds of dumps along the route of cable power lines;
c) open the premises of electric grid structures, make connections and switchovers in electric networks, make fire near input and distribution devices, overhead power lines and in the security zones of cable power lines;
d) carry out demolition or reconstruction of buildings, bridges, tunnels, railways and highways and other structures in places where overhead and cable power lines pass or input and distribution devices are installed, without preliminary removal of these lines and devices by developers in agreement with organizations operating Electricity of the net.
6. The land area of the security zones of power transmission lines with voltage up to 1000 volts is not subject to withdrawal from land users, but is used by them with mandatory compliance with the requirements of these Rules.
Enterprises, organizations, institutions and individual citizens on the land plots, along which power lines with voltage up to 1000 volts pass, are obliged to take all measures in their power to help ensure the safety of these lines.
7. If wires of overhead power lines with voltage up to 1000 volts and lines of other purposes belonging to different organizations are suspended on common supports, each of the organizations carrying out line repairs that may cause damage to another organization or require the presence of its representative must notify in advance of organization concerned.
8. Enterprises and organizations performing any work (explosive, construction and others) that can cause damage to electrical networks with voltage up to 1000 volts are obliged to coordinate their conduct with the organization operating electrical networks no later than 3 days before the start of the work. , and take steps to secure these networks.
The conditions for carrying out these works within the security zones of power transmission lines with a voltage of up to 1000 volts, necessary to ensure the safety of these lines, are established by the Ministry of Energy and Electrification of the USSR (in part construction works- in agreement with the State Construction Committee of the USSR).
9. Performing work near overhead power lines using various types of mechanisms is allowed only if the air distance from the mechanism or from its lifting or retractable part, as well as from the load being lifted in any of their positions (including at the maximum rise or departure) to the nearest live wire, there will be at least 1.5 meters.
The distance from the cable to the place of excavation is determined in each individual case by the organization operating the cable power line.
If it is impossible to comply with the conditions ensuring the safety of work, the voltage must be removed from the section of the electrical network.
10. Enterprises and organizations carrying out earthworks, upon detecting a cable not specified in the technical documentation for the performance of these works, are obliged to immediately stop work, take measures to ensure the safety of the cable and inform the organization operating electrical networks about this.
11. The technical personnel of organizations operating electrical networks with voltage up to 1000 volts are granted the right of unhindered access to electrical networks for their repair and maintenance. If electrical networks are located on the territory of restricted areas and special facilities, then the relevant organizations must issue passes to employees servicing these networks for inspection and repair work at any time of the day.
12. Organizations operating power lines with voltage up to 1000 volts are allowed to carry out earthworks in protected areas necessary for the repair of these lines.
The indicated works in the right of way of automobile and railways are made in agreement with the authorities in charge of the roads.
To eliminate accidents on power lines with a voltage of up to 1000 volts, it is allowed to cut down individual trees in forest areas adjacent to the route of these lines, followed by the issuance of logging tickets (orders) in the prescribed manner and with the cleaning of logging sites from logging residues.
13. Scheduled work on the repair and reconstruction of power lines with a voltage of up to 1000 volts passing through agricultural land is carried out in agreement with land users and, as a rule, during the period when these land are not occupied by agricultural crops or when it is possible to ensure the safety of these crops.
Works on elimination of accidents and operational maintenance of power transmission lines can be carried out at any time.
After performing the above works, organizations operating power lines must bring the land into a condition suitable for use according to intended purpose, as well as to compensate land users for losses caused during the work. The procedure for determining losses is established by the Ministry Agriculture USSR jointly with the Ministry of Energy and Electrification of the USSR and in agreement with other interested ministries and departments.
14. Scheduled work on the repair and reconstruction of cable power lines, causing violation of road surfaces, can be carried out only after prior agreement on the conditions for their implementation with the authorities in charge of roads, and within cities and other settlements- with the executive committees of the Soviets of People's Deputies. The terms of the work must be agreed upon within 3 days.
In urgent cases, it is allowed to carry out work on the repair of cable power lines that cause violation of road surfaces, without prior agreement, but with simultaneous notification of the authorities in charge of the roads, or the executive committees of the Soviets of People's Deputies of Working People.
Organizations performing these types of work must organize detours of work sites with the installation of warning signs for vehicles and pedestrians and, after completion of work, level the ground and restore road surfaces.
15. The procedure for the operation of power lines with voltage up to 1000 volts on the territory of industrial enterprises, at intersections with railways and roads, in the right of way of railways and at the approaches to airfields must be coordinated by organizations operating power lines with the relevant enterprises and organizations.
On the highways I - IV categories with the movement of machines and mechanisms having a total height with or without cargo from the road surface of more than 4.5 meters, at the intersection of roads with overhead power lines, on both sides of these lines, signal signs indicating the permissible height of moving vehicles should be installed . Signal signs are installed by the organization in charge of the road, in agreement with the organization operating the power lines.
The places where power lines cross with navigable and raftable rivers must be marked on the banks with signal signs in accordance with the charter of inland water transport. Signal signs are installed by the organization operating the power transmission lines, in agreement with the basin administrations of the waterway and are included by the latter in the list of navigation conditions and in pilot charts.
16. In cases where on the territory or near construction sites The buildings and structures being designed are located electrical networks with a voltage of up to 1000 volts, in the projects and estimates for the construction of these facilities, in agreement with the organizations operating the electrical networks, measures should be taken to ensure the safety of these networks.
17. Organizations that perform work that necessitate the reorganization of electrical networks or protect them from mechanical damage are obliged to perform work on the reconstruction or protection of networks at the expense of their materials and means in agreement with the organization operating electrical networks.
18. In case of lifting the cable with an anchor, fishing gear or in any other way, the captains of the ships are obliged to take measures to free the cable and immediately report this to the nearest port, indicating the coordinates of the place and time of lifting the cable. The port that received this report is obliged to report the incident to the nearest energy supply enterprise.
Citizens who have discovered a broken, lying on the ground or sagging wire of an overhead power line, as well as the danger of falling poles or broken wires, are obliged to immediately inform the nearest energy supply business or local government.
19. Enterprises and organizations in charge of existing and under construction structures that are sources of stray currents must take measures to limit the leakage of electric current into the ground. Organizations in charge of cable transmission lines under construction and operating must take measures to protect these lines from stray currents.
20. Organizations operating electric networks have the right to suspend work in the protected zone of power lines performed by other organizations in violation of these Rules.
21. The executive committees of the Soviets of Working People's Deputies, as well as the militia bodies, within the limits of their authority, are obliged to assist organizations operating electrical networks with voltage up to 1000 volts in preventing damage to these networks and in ensuring that all enterprises, organizations, institutions and citizens comply with the requirements of these Rules.
22. In case of destruction of electrical networks caused by natural disasters (ice, flood, ice drift, hurricane, forest fire and others), the executive committees of the Soviets of Working People's Deputies, within their powers, are obliged to involve citizens and vehicles in the work to eliminate the destruction of these networks. Payment for restoration work is made by organizations operating electrical networks.
23. Officials and citizens guilty of failure to comply with the requirements of these Rules, as well as in violation of the normal operation of electrical networks with voltage up to 1000 volts, are held liable in the prescribed manner.
Decree of the Government of the Russian Federation of January 8, 2003 N 6 "On the procedure for approving the rules of internal control in organizations engaged in operations with cash or other property" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 2, Art. 188);
paragraph 4 of the amendments that are being made to the acts of the Government of the Russian Federation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collected Legislation of the Russian Federation, 2005, N 44, article 4562);
Decree of the Government of the Russian Federation of June 10, 2010 N 967-r (Collected Legislation of the Russian Federation, 2010, N 26, Art. 3377).
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
Government Decree
Russian Federation
REQUIREMENTS
TO THE INTERNAL CONTROL RULES DEVELOPED
ORGANIZATIONS CARRYING OUT OPERATIONS WITH CASH
FUNDS OR OTHER PROPERTY, AND INDIVIDUAL
ENTREPRENEURS
1. This document defines the requirements for the development of organizations engaged in transactions with cash or other property (hereinafter referred to as organizations), as well as individual entrepreneurs engaged in the purchase, sale and purchase of precious metals and precious stones, jewelry from them and scrap of such products, and individual entrepreneurs providing intermediary services in the implementation of purchase and sale transactions real estate(hereinafter referred to as "individual entrepreneurs"), the rules of internal control carried out in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as the internal control rules).
This document does not apply to credit organizations, professional participants in the securities market, insurance companies specified in paragraph four of part one of Article 5 of the Federal Law "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism" (hereinafter referred to as the Federal Law), insurance brokers, investment management companies funds, mutual investment funds and non-state pension funds, credit consumer cooperatives, including agricultural credit consumer cooperatives, microfinance organizations, mutual insurance companies, non-state pension funds and pawnshops.
1(1). The head of the organization and the individual entrepreneur ensure control over the compliance of the applied internal control rules with the requirements of the legislation of the Russian Federation.
The internal control rules must be brought into line by the organization and the individual entrepreneur with the requirements of regulatory legal acts on combating the legalization (laundering) of proceeds from crime and the financing of terrorism no later than one month after the date of entry into force of the specified regulatory legal acts, unless otherwise established by such regulations. normative legal acts.
2. Internal control rules are developed in accordance with the legislation of the Russian Federation.
3. The internal control rules are a document that is drawn up on paper and which:
A) regulates the organizational framework for work aimed at countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction in the organization;
B) establishes the duties and procedures of the head of the organization, individual entrepreneur and employees of the organization, individual entrepreneur in order to exercise internal control;
C) determines the terms for fulfilling obligations for the purpose of internal control, as well as the persons responsible for their implementation.
4. The internal control rules include the following internal control programs:
A) a program that determines the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);
B) an identification program for clients, representatives of clients and (or) beneficiaries, as well as beneficial owners (hereinafter - the identification program);
C) a program for assessing the degree (level) of the risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);
D) a program for identifying transactions (transactions) subject to mandatory control, and transactions (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for detecting transactions);
E) a program for documenting information;
E) a program regulating the procedure for suspending operations in accordance with the Federal Law (hereinafter referred to as the program for suspending operations);
G) a program of training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;
h) a program for checking the implementation of internal control;
I) a program for the storage of information and documents obtained as a result of the implementation of programs for the implementation of internal control in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as the information storage program);
J) the program of studying the client when accepting for service and maintenance (hereinafter - the program of studying the client);
K) a program that regulates the course of action in case of refusal to execute the client's order to complete the operation;
M) a program that regulates the procedure for applying measures to freeze (block) funds or other property.
5. The internal control rules establish the powers, as well as the duties assigned to a special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).
6. The internal control rules are approved by the head of the organization, individual entrepreneur.
7. The program for the organization of internal control is developed taking into account the following conditions:
A) a special official is appointed in an organization and an individual entrepreneur in accordance with paragraph 2 of Article 7 of the Federal Law;
B) in the organization (taking into account the peculiarities of its structure, headcount, the client base and the degree (level) of risks associated with the organization's clients and their operations), a structural unit can be formed or determined to perform the functions of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;
C) the program contains a description of the internal control system in the organization and its branch (branches) (if any) and for an individual entrepreneur, as well as the procedure for interaction between the structural divisions of the organization (employees of an individual entrepreneur) on the implementation of internal control rules.
8. The identification program includes the following procedures for the implementation of measures to identify the client, the representative of the client and (or) the beneficiary, as well as the beneficial owner:
A) establishing in relation to the client, the representative of the client and (or) the beneficiary the information specified in Article 7 of the Federal Law, and verifying the accuracy of this information before accepting the client for service;
A(1)) taking reasonable and affordable measures in the circumstances to identify and identify beneficial owners, including measures to establish in relation to these owners the information provided for in subparagraph 1 of paragraph 1 of Article 7 of the Federal Law, and to verify the accuracy of the information received;
B) verification of the presence or absence in relation to the client, the representative of the client and (or) the beneficiary, as well as the beneficial owner of information about their involvement in extremist activities or terrorism, proliferation of weapons of mass destruction, received in accordance with paragraph 2 of Article 6, paragraph 2 of Article 7.4 and paragraph two of paragraph 1 of Article 7.5 of the Federal Law;
C) determination of the belonging of an individual who is being serviced or accepted for service to the number of foreign public officials, officials of public international organizations, as well as persons replacing (holding) public positions of the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, federal public service, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions determined by the President of the Russian Federation;
D) identification of legal entities and individuals who, respectively, are registered, domiciled or located in a state (on the territory) that does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF), or using bank accounts registered in the specified state (on the specified territory);
E) assessment and assignment to the client of the degree (level) of risk of the client's transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as risk), in accordance with the risk assessment program;
E) updating information obtained as a result of identification of clients, representatives of clients of beneficiaries and beneficial owners.
9. The identification program may additionally provide for the establishment and recording of the following data received by an organization and an individual entrepreneur in accordance with clause 5(4) of Article 7 of the Federal Law:
A) the date of state registration of the legal entity;
B) the postal address of the legal entity;
C) the composition of the founders (participants) of the legal entity;
D) the composition and structure of the governing bodies of the legal entity;
E) the size of the authorized (share) capital or the size of the authorized fund (share contributions).
10. When identifying a legal entity (with its consent), it may be envisaged to establish and fix codes for the forms of federal state statistical observation.
11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:
The procedure for identifying among individuals being served or accepted for servicing, foreign public officials, their spouses and close relatives, officials of public international organizations, as well as persons replacing (holding) public positions of the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, positions of the federal civil service, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions determined by the President of the Russian Federation;
The procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials;
The procedure for accepting for service, as well as reasonable and accessible measures in the circumstances to determine the sources of origin of funds or other property of an official of a public international organization or a person replacing (holding) a public position of the Russian Federation, the position of a member of the Board of Directors of the Central Bank of the Russian Federation, position federal public service, appointment to and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or a position in the Central Bank of the Russian Federation, a state corporation or other organization created by the Russian Federation on the basis of a federal law, included in the corresponding list of positions determined by the President Russian Federation, in cases specified in paragraph 3 of Article 7.3 of the Federal Law.
12. The identification program determines the methods and forms of recording information (information) received by an organization and an individual entrepreneur as a result of identifying clients, client representatives, beneficiaries and beneficial owners, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating the specified information.
12(1). The client study program provides for activities aimed at obtaining information about the client specified in subparagraph 1.1 of paragraph 1 of Article 7 of the Federal Law.
However, under the definition business reputation of the client, provided for by the specified subparagraph, is understood as his assessment based on publicly available information.
13. The risk assessment program defines the procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:
A) before accepting a client for service;
B) in the course of customer service (as operations (transactions) are performed);
C) in other cases provided for by the internal control rules.
14. The risk assessment program provides for the risk assessment of clients based on information obtained as a result of the implementation of the client study program, as well as signs of transactions, types and conditions of activity that have an increased risk of clients performing transactions for the purpose of legalization (laundering) of proceeds from crime, and terrorist financing, taking into account the recommendations of the Financial Action Task Force on Money Laundering (FATF).
15. The risk assessment program provides for the procedure and frequency for monitoring the operations (transactions) of the client in order to assess the degree (level) of risk and subsequent control over its change.
16. The program for identifying transactions provides for procedures for identifying:
A) operations (transactions) subject to mandatory control in accordance with Article 6
B) operations (transactions) subject to documentary fixation in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;
C) unusual transactions (transactions), including those falling under the criteria for identifying and signs of unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism.
17. The program for identifying transactions in order to identify transactions (transactions) provided for in clause 16 of this document (hereinafter referred to as transactions subject to control) provides for ongoing monitoring of transactions (transactions) of clients.
18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime, or the financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as a high-risk group .
19. The program for detecting transactions in order to identify transactions (transactions), the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism, includes criteria for identifying unusual transactions and their signs.
19(1). The transaction detection program includes a list of criteria and signs indicating the unusual nature of the transaction, established by the Federal Financial Monitoring Service, to identify transactions in respect of which there are suspicions that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing terrorism, based on the nature, scale and main activities of the organization, individual entrepreneur and their clients. An organization and (or) an individual entrepreneur has the right to submit proposals for supplementing the list of criteria and signs indicating the unusual nature of the transaction. The decision to recognize a client's operation as suspicious is made by an organization and (or) an individual entrepreneur on the basis of information on financial and economic activities, financial position and business reputation of the client, characterizing his status, the status of his representative and (or) beneficiary, as well as the beneficial owner.
20. The program for identifying transactions provides for the procedure for informing an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur), who has identified a transaction (transaction) subject to control, a special official (except for cases of independent performance by an individual entrepreneur of the functions of a special official) for the latter to make a decision on further actions in relation to the operation (transaction) in accordance with the Federal Law, this document and the rules of internal control.
21. The program for identifying transactions provides for the identification of signs of an unusual transaction (transaction) of the client, an analysis of other transactions (transactions) of the client, as well as information available to the organization, individual entrepreneur about the client, the client’s representative and the beneficiary (if any), the beneficial owner in in order to confirm the reasonableness of suspicions in the implementation of an operation (transaction) or a number of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.
22. The Transaction Identification Program provides for the study of the grounds and purposes of all detected unusual transactions (transactions), as well as recording the results in writing.
23. The program for identifying transactions provides for the procedure and cases for taking the following additional measures to study the identified unusual operation (transaction):
A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of an unusual operation (transaction);
B) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation can be aimed at legalization (laundering) of proceeds from crime or financing of terrorism.
24. The program for identifying transactions provides for the decision by the head of the organization, individual entrepreneur or a person authorized by them to:
A) on the recognition of the operation (transaction) of the client subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;
B) on recognition of the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism;
C) about the need to take additional measures to study the unusual operation (transaction) of the client;
D) on the submission of information on the transactions provided for in subparagraphs "a" and "b" of this paragraph to the Federal Financial Monitoring Service.
25. The program of documentary fixation of information provides for the procedure for obtaining and fixing information (information) on paper and (or) other media in order to implement the Federal Law, other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism and internal control rules.
26. The program of documentary fixation of information provides for documentary fixation of information:
A) on an operation (transaction) subject to mandatory control in accordance with Article 6 and Clause 1 of Article 7.5 of the Federal Law;
B) about an operation (transaction) that has at least one of the criteria and (or) signs indicating the unusual nature of the operation (transaction);
C) about an operation (transaction) in respect of which there are suspicions that it is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;
D) about the operation (transaction) obtained during the implementation of the client study program.
27. The program for documenting information provides for the preparation by an employee of an organization, an individual entrepreneur (an employee of an individual entrepreneur), who have identified an operation (transaction) subject to control, an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):
A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) for which the operation (transaction) can be attributed to operations subject to mandatory control, or unusual operations (transactions) ;
C) information about the person, foreign structure without the formation of a legal entity, conducting the operation (transaction);
D) information about the employee who compiled the internal message about the operation (transaction), and his signature;
E) the date of drawing up an internal message about the operation (transaction);
E) a record (mark) on the decision of a special official made in relation to an internal report on an operation (transaction), and its reasoned justification;
G) a record (mark) on the decision of the head of the organization, an individual entrepreneur or a person authorized by them, made in relation to an internal message in accordance with paragraph 24 of this document, and its reasoned justification;
H) record (mark) about additional measures(other actions) taken in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.
28. The form of an internal message, the procedure, terms and method of its transmission to a special official or responsible officer structural unit which performs the functions of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, are determined by the organization and the individual entrepreneur independently and are reflected in the program of documenting information.
28(1). The program that regulates the course of action in case of refusal to execute a client's order to complete a transaction includes:
A) a list of grounds for such a refusal, established by the organization and the individual entrepreneur, taking into account the requirements of paragraph 11 of Article 7 of the Federal Law;
B) the procedure for making a decision to refuse to execute a client's order to make a transaction, as well as documenting information on cases of refusal to fulfill a client's order to make a transaction;
C) the procedure for further actions in relation to the client in case of refusal to execute the client's order to complete the operation;
D) the procedure for submitting information to the Federal Financial Monitoring Service on cases of refusal to execute a client's order to complete a transaction.
29. The suspension program includes:
A) the procedure for identifying among the participants in a transaction with cash or other property individuals or legal entities specified in paragraph two of clause 10 of Article 7 of the Federal Law, or individuals carrying out a transaction with cash or other property in accordance with subparagraph 3 of clause 2.4 of Article 6 Federal Law, or individuals or legal entities specified in the first paragraph of paragraph 8 of Article 7.5 of the Federal Law;
B) the procedure for actions aimed at suspending transactions with funds or other property in accordance with paragraph 10 of Article 7 and paragraph 8 of Article 7.5 of the Federal Law;
C) the procedure for actions related to the suspension of a transaction with cash or other property in the event of a court decision issued on the basis of part four of Article 8 of the Federal Law;
D) the procedure for submitting to the Federal Financial Monitoring Service information on suspended transactions with cash or other property;
E) the procedure for the implementation of the requirements established by paragraph five of clause 10 of Article 7 and paragraph three of clause 8 of Article 7.5 of the Federal Law, and related to the implementation of a transaction or further suspension of a transaction with cash or other property in the event of receipt of a decision of the Federal Service for Financial monitoring, issued on the basis of part three of Article 8, Article 7.4 of the Federal Law, the interdepartmental coordinating body exercising the functions of combating the financing of terrorism has made a decision to freeze (block) funds or other property;
A(1)) the procedure for obtaining information from the Federal Financial Monitoring Service on organizations and individuals included in accordance with Article 7.5 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in the proliferation of weapons of mass destruction;
B) the procedure for making a decision on the application of measures to freeze (block) funds or other property;
C) the procedure and frequency of carrying out measures to verify the presence or absence among their clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied;
D) informing the Federal Financial Monitoring Service of the measures taken to freeze (block) funds or other property and the results of inspections of the presence or absence of organizations and individuals among their clients in respect of which measures to freeze (block) funds have been applied or should be applied or other property;
E) the procedure for interaction with organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied, including the procedure for informing them about the measures taken to freeze (block) funds or other property;
F) the procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when an appropriate decision is made by the interdepartmental coordinating body that performs the functions of combating the financing of terrorism;
G) the procedure for making a decision aimed at fulfilling the requirements of paragraphs two and three of paragraph 2.4 of Article 6 of the Federal Law;
H) the procedure for making a decision aimed at fulfilling the requirements of paragraph two of clause 2.5 of Article 6, paragraph four of clause 4 and paragraph two of clause 7 of Article 7.5 of the Federal Law.
30. The program for the training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction is being developed in accordance with the legislation of the Russian Federation.
31. The program for checking the implementation of internal control ensures that the organization (employees of the organization) and the individual entrepreneur (employees of the individual entrepreneur) comply with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational - administrative documents of an organization, an individual entrepreneur, adopted for the purpose of organizing and exercising internal control.
32. The program for checking the implementation of internal control provides for:
A) conducting on a regular basis, but at least once every six months, internal audits of compliance with the internal control rules in the organization and the individual entrepreneur, the requirements of the Federal Law and other regulatory legal acts;
B) submission to the head of the organization, individual entrepreneur based on the results of inspections of written reports containing information on all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization, individual entrepreneur, adopted for the purpose of organizing and exercising internal control;
Article 7 of the Federal Law and this document;
D) documents on transactions for which internal messages were compiled;
D) internal messages;
E) the results of studying the grounds and objectives of the identified unusual operations (transactions);
G) documents relating to the activities of the client (to the extent determined by the organization, individual entrepreneur), including business correspondence and other documents at the discretion of the organization, individual entrepreneur;
h) other documents obtained as a result of applying the internal control rules.
34. The information retention program provides for the storage of information and documents in such a way that they can be accessed in a timely manner. Federal Service on financial monitoring, as well as other state authorities in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.
35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of internal control rules, as well as measures taken by an organization and an individual entrepreneur in the implementation of such rules in accordance with the legislation of the Russian Federation.
"On approval of the Rules for the provision and distribution of subsidies from federal budget to the budgets of the constituent entities of the Russian Federation to support the production and sale of fine and semi-fine fleece wool"
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated July 2, 2015 N 667
ON THE APPROVAL OF THE RULES FOR THE PROVISION AND DISTRIBUTION OF SUBSIDIES FROM THE FEDERAL BUDGET TO THE BUDGET OF THE SUBJECTS OF THE RUSSIAN FEDERATION TO SUPPORT THE PRODUCTION AND SALES OF FINE AND SEMI-FINE-WOOL WOOL
dated 05.25.2016 N 464)
The Government of the Russian Federation decides:
To approve the attached Rules for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation to support the production and sale of fine and semi-fine wool.
Prime Minister
Russian Federation
D. MEDVEDEV
APPROVED
Government Decree
Russian Federation
dated July 2, 2015 N 667
RULES FOR THE PROVISION AND DISTRIBUTION OF SUBSIDIES FROM THE FEDERAL BUDGET TO THE BUDGETS OF THE SUBJECTS OF THE RUSSIAN FEDERATION TO SUPPORT THE PRODUCTION AND SALES OF FINE AND SEMI-FINE-WOOL WOOL
(as amended by Decree of the Government of the Russian Federation of May 25, 2016 N 464)
1. These Rules establish the procedure for granting and distributing subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation to support the production and sale of fine-wool and semi-fine-wool wool (hereinafter referred to as wool) within the framework of the subprogram "Development of the livestock sub-sector, processing and sale of livestock products" of the state program of the Russian Federation " The State Program for the Development of Agriculture and the Regulation of Agricultural Products, Raw Materials and Food Markets for 2013-2020" (hereinafter referred to as subsidies).
2. Subsidies are provided for the purpose of co-financing the fulfillment of expenditure obligations of the constituent entities of the Russian Federation related to the implementation of state programs of the constituent entities of the Russian Federation and (or) municipal programs that provide for the development of wool production by agricultural producers, with the exception of citizens who conduct personal subsidiary farm(hereinafter respectively - agricultural producers, state and (or) municipal programs). The main manager of the federal budget funds is the Ministry of Agriculture of the Russian Federation.
3. The subsidy is provided to the budget of the constituent entity of the Russian Federation that meets the following requirements (criteria):
a) the presence on the territory of the subject of the Russian Federation of agricultural producers engaged in the production and sale of wool;
b) the presence of sheep in agricultural producers on the territory of a constituent entity of the Russian Federation.
4. The subsidy is provided to the budget of the constituent entity of the Russian Federation on the following terms:
a) the existence of approved state and (or) municipal programs containing the activities provided for in paragraph 2 of these Rules;
b) the presence in the budget of the constituent entity of the Russian Federation (local budget) of budget allocations for the fulfillment of expenditure obligations of the constituent entity of the Russian Federation ( municipalities) associated with the provision of funds to support certain sub-sectors of animal husbandry within the framework of state and (or) municipal programs;
c) the presence of a regulatory legal act of the subject of the Russian Federation, establishing:
the procedure, conditions and frequency of providing agricultural producers from the budget of a constituent entity of the Russian Federation with funds, the source of financial support for which is a subsidy, to support the production and sale of wool, in accordance with the criteria specified in paragraph 5 of these Rules;
a list of documents required to receive these funds, as well as the terms for their consideration, not exceeding 15 working days.
5. Funds to support the production and sale of wool, the source of financial support for which are subsidies, are provided to agricultural producers engaged in the production of wool and its sale to processing organizations on the territory of the Russian Federation at rates determined by the body authorized by the highest executive body of state power of the constituent entity of the Russian Federation ( hereinafter referred to as the authorized body), within the limits of the funds provided for the subject of the Russian Federation for the specified purposes, on the basis of documents issued by accredited laboratories confirming the compliance of the wool quality with the established standards, based on the availability of sheep livestock in agricultural producers and confirmation of wool sales volumes for the 1st the day of the month when agricultural producers apply to the authorized body for receiving funds for the production and sale of wool.
6. The amount of the subsidy provided to the budget of the i-ro constituent entity of the Russian Federation to support the production and sale of wool (Wi) is determined by the formula:
W - the amount of budgetary appropriations provided in the federal budget to support the production and sale of wool for the corresponding financial year;
PBOi - the level of estimated budgetary security of the i-ro constituent entity of the Russian Federation for the corresponding financial year, calculated in accordance with the methodology for distributing subsidies to equalize the budgetary security of the constituent entities of the Russian Federation, approved by Decree of the Government of the Russian Federation of November 22, 2004 N 670 "On the distribution of subsidies for equalization of the budgetary security of the constituent entities of the Russian Federation";
Di - the share of production and sale of wool in the territory of the i-ro constituent entity of the Russian Federation corresponding to paragraph 3 of these Rules in the total volume of production and sale of wool in the constituent entities of the Russian Federation that meet the requirements provided for in paragraph 3 of these Rules, determined on the basis of data provided by authorized bodies in the form approved by the Ministry of Agriculture of the Russian Federation for the reporting financial year according to the formula:
Qi - the volume of production and sale of wool by agricultural producers in the territory of the i-th subject of the Russian Federation for the reporting financial year;
Q - the total volume of production and sale of wool by agricultural producers in the constituent entities of the Russian Federation for the reporting financial year.
7. The distribution of subsidies to the budgets of the constituent entities of the Russian Federation is established federal law on the federal budget for the relevant financial year and planning period and (or) an act of the Government of the Russian Federation adopted in accordance with it.
The calculation of the amount of the subsidy in the event of an increase in the current financial year of budget allocations for the fulfillment of expenditure obligations provided for in paragraph 2 of these Rules is carried out on the basis of the data used when calculating the amount of the subsidy in accordance with paragraph 6 of these Rules for the current financial year.
8. The amount of budget allocations from the budget of the constituent entity of the Russian Federation for the fulfillment of the expenditure obligations of the constituent entity of the Russian Federation, co-financed by the subsidy, is approved by the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation, based on the need to achieve the values of performance indicators for the use of the subsidy established by the subsidy agreement concluded by the Ministry agriculture of the Russian Federation and the highest executive body of state power of the constituent entity of the Russian Federation (hereinafter referred to as the agreement), but not less than to the extent necessary to ensure the level of co-financing of the expenditure obligation established for the constituent entity of the Russian Federation from the federal budget.
The level of co-financing of the expenditure obligation of the subject of the Russian Federation, the source of financial support for which is a subsidy (Yi), is determined by the formula:
where 0.9 is the average level of co-financing.
The level of co-financing of the expenditure obligation of a constituent entity of the Russian Federation cannot be set above 95 percent and below 90 percent of the expenditure obligation.
The level of co-financing for the constituent entities of the Russian Federation is approved by the Ministry of Agriculture of the Russian Federation for the corresponding financial year.
9. Granting of a subsidy is carried out on the basis of an agreement.
The form of the agreement is approved by the Ministry of Agriculture of the Russian Federation in accordance with the provisions defined by Decree of the Government of the Russian Federation of September 30, 2014 N 999 "On the Formation, Provision and Distribution of Subsidies from the Federal Budget to the Budgets of the Subjects of the Russian Federation".
10. The transfer of subsidies is carried out in the prescribed manner to the accounts of the territorial bodies of the Federal Treasury, opened for recording receipts and their distribution between the budgets of the budgetary system of the Russian Federation, for subsequent transfer in the prescribed manner to the budgets of the constituent entities of the Russian Federation.
If the Ministry of Agriculture of the Russian Federation decides to transfer the powers of the recipient of federal budget funds to transfer subsidies to the territorial body of the Federal Treasury, the transfer of subsidies is carried out to accounts opened by the territorial bodies of the Federal Treasury to record transactions with funds received by the budgets of the constituent entities of the Russian Federation, in the manner established by the Federal Treasury.
11. The authorized body submits the following documents to the Ministry of Agriculture of the Russian Federation:
a) an extract from the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation and (or) from the regulatory legal acts of municipalities on local budgets, confirming the availability of budgetary appropriations approved in the budget of the constituent entity of the Russian Federation and (or) the local budget for the implementation specified in paragraph 2 of these Rules for expenditure obligations of a constituent entity of the Russian Federation and (or) municipalities - within the time period established by the Ministry of Agriculture of the Russian Federation;
b) a report on budget expenditures of a constituent entity of the Russian Federation, the source of financial support for which is a subsidy - in the form established by the Ministry of Agriculture of the Russian Federation, no later than the 10th day of the month following the reporting quarter;
c) a report on the achievement of the performance indicators for the use of the subsidy provided for by the agreement - in the form established by the Ministry of Agriculture of the Russian Federation, by January 15 of the year following the reporting one;
d) a report on the financial and economic condition of agricultural producers - in the form and within the time limits established by the Ministry of Agriculture of the Russian Federation;
e) a report on the fulfillment of the conditions for granting subsidies - in the form established by the Ministry of Agriculture of the Russian Federation, by January 15 of the year following the reporting one.
12. If the amount of budget allocations provided for in the budget of the constituent entity of the Russian Federation for the development of wool production does not allow for the level of co-financing established for the constituent entity of the Russian Federation, the subsidy in the amount provided to the budget of the constituent entity of the Russian Federation shall be reduced in order to ensure an appropriate level of co-financing, and the released budget appropriations are redistributed among the budgets of other constituent entities of the Russian Federation that are entitled to receive subsidies.
13. If in the current financial year the subject of the Russian Federation does not need a subsidy, the unused subsidy, on the basis of a written request from the authorized body, is redistributed among the budgets of other subjects of the Russian Federation entitled to receive subsidies.
14. The effectiveness of spending the budgets of the constituent entities of the Russian Federation, the source of financial support for which are subsidies, is assessed annually by the Ministry of Agriculture of the Russian Federation based on the achievement of the performance indicator for the use of the subsidy - wool production in agricultural organizations, peasant (farmer) households, including individual entrepreneurs (thousand rubles). tons).
15. Provisions concerning the procedure for the return of funds by the constituent entities of the Russian Federation in the event of a violation of the obligations stipulated by the agreement regarding the fulfillment and (or) achievement of the values of the performance indicators for the use of the subsidy, including the procedure for calculating the amount of funds to be returned, the timing of the return, the grounds for the release of the constituent entities of the Russian Federation from the application of liability measures for violation of obligations stipulated by the agreement, as well as the provisions regarding the procedure for using the returned funds by the main manager of federal budget funds, are applied in accordance with the Decree of the Government of the Russian Federation of September 30, 2014 N 999 "On the formation, provision and distribution of subsidies from the federal budget to the budgets of the subjects of the Russian Federation.
16. In the absence of an agreement as of September 1 of the current financial year, the subsidy provided to the relevant subject of the Russian Federation, in the amount approved by the federal law on the federal budget for the corresponding financial year and planning period and (or) an act of the Government of the Russian Federation, is redistributed between the budgets of other subjects of the Russian Federation, who are entitled to receive subsidies in accordance with these Rules, and (or) for other activities of the State Program for the Development of Agriculture and the Regulation of Agricultural Products, Raw Materials and Food Markets for 2013-2020, approved by the Decree of the Government of the Russian Federation of July 14, 2012 Mr. N 717 "O State program development of agriculture and regulation of markets for agricultural products, raw materials and food for 2013-2020".
Decisions on the distribution and redistribution of federal budget allocations for the provision of subsidies are not made if the agreements were not concluded due to force majeure circumstances.
17. The rest of the subsidy, formed in accordance with paragraphs 12, 13, 15 and 16 of these Rules, is redistributed between the budgets of the constituent entities of the Russian Federation by decision of the Ministry of Agriculture of the Russian Federation on the basis of written requests submitted by authorized bodies to the Ministry to increase the annual amount of allocated subsidies in proportion specific gravity additional need of the subject of the Russian Federation for subsidies in the total amount of additional need of the subjects of the Russian Federation for subsidies, taking into account the actual disbursement of funds for the reporting period.
The redistribution of subsidies between the budgets of the constituent entities of the Russian Federation is established by the federal law on the federal budget for the corresponding financial year and planning period and (or) an act of the Government of the Russian Federation adopted in accordance with it.
18. Operations for cash expenses budgets of subjects of the Russian Federation ( local budgets), the source of financial support for which are subsidies, including their balance not used as of January 1 of the current year, are carried out taking into account the specifics established by the federal law on the federal budget for the current financial year and planning period.
19. The balance of subsidies not used as of January 1 of the current financial year is subject to return to the federal budget by the state authorities of the constituent entities of the Russian Federation, which, in accordance with the legislation of the Russian Federation and other regulatory legal acts, are assigned sources of budget revenues of the budget of the constituent entity of the Russian Federation for the return of the balance of subsidies, in in accordance with the requirements established by the Budget Code of the Russian Federation and the federal law on the federal budget for the current financial year and planning period.
In accordance with the decision of the Ministry of Agriculture of the Russian Federation on the existence of a need for subsidies not used as of January 1 of the current financial year, budget expenditures of a constituent entity of the Russian Federation that correspond to the purposes of providing subsidies may be increased in the prescribed manner by amounts not exceeding the balance of subsidies.
If the unused balance of the subsidy is not transferred to the federal budget, these funds are subject to collection to the federal budget in the manner established by the Ministry of Finance of the Russian Federation.
20. If the authorized body fails to comply with the conditions for granting a subsidy, the relevant information is sent by the Ministry of Agriculture of the Russian Federation to the Ministry of Finance of the Russian Federation with a proposal to suspend the provision of a subsidy for a decision to be made in the manner established by the Ministry of Finance of the Russian Federation.
21. In case of misuse of a subsidy and (or) violation by a constituent entity of the Russian Federation of the conditions for its provision, budget enforcement measures provided for by the budget legislation of the Russian Federation are applied to it.
The decision to suspend the transfer (reduction) of the subsidy to the budget of the subject of the Russian Federation is not taken if the conditions for granting the subsidy were not met due to force majeure circumstances.
22. Responsibility for the accuracy of the information submitted to the Ministry of Agriculture of the Russian Federation and compliance with the conditions established by these Rules and the agreement lies with the authorized bodies.
In case of non-compliance with the conditions established by the agreement and these Rules, the relevant funds are subject to collection in the federal budget in accordance with the budget legislation of the Russian Federation.
23. Control over compliance by the constituent entities of the Russian Federation with the conditions for granting subsidies is carried out by the Ministry of Agriculture of the Russian Federation and the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere. (as amended by Decree of the Government of the Russian Federation of May 25, 2016 N 464)
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