Confiscation of deposits in unreliable: State Duma is preparing a new law

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Confiscation of deposits in unreliable: State Duma is preparing a new law 16282_1

The State Duma introduced a new bill aimed at tightening FZ-115, nicknamed anti-beam. It will allow the country to be confiscated to the country's budget from bank accounts recognized by ungolant. The draft law is published on the website of the State Duma at number 1064272-7.

The amendment package was submitted for consideration in November last year. He implies the launch of a single interbank platform, which will help credit organizations to verify customers, and the Central Bank of the Russian Federation - to evaluate the risks of cashing, laundering and other illegal operations.

The regulator itself will distribute customers by groups. In the "Red" zone, there will be a high level of dubious operations, in the "yellow" - those who risks moderately, to the "green" attribute clients with low risk.

Those who fall into the "red" zone can no longer be able to open new accounts in banks for any operations, use remote banking systems, as well as fast payments.

If the client, which founded in the "Red" section, cannot force the bank, the court or an interdepartmental commission to change the decision, the credit organization within six months can terminate the contract of the bank account or contribution.

Further, the bank, as stated in the bill, will be obliged to list all the funds existing on the account of a legal entity or an individual entrepreneur to the budget of the Russian Federation.

The Court of Accounts has already given its feedback on these amendments. According to the departments, they are anti-constitutional nature. The main complaint is the transfer of client funds by the bank in an extrajudicial manner.

"According to Article 35 of the Constitution of the Russian Federation, no one can be deprived of its property differently as a court decision," they recalled the department.

At the same time, there allow the possibility of judicial appeal against the decision on the class attitude towards the "Red Zone" only after appealing to the interdepartmental commission. The Accounts Chamber offers to solve such disputes both administratively and through the court, which is closer to the legislation of the country.

By the way, as noted in the bill, the share of customers, which in the future fall into the "red zone", is now 0.7%. That is, in this zone there may be approximately 54 thousand companies and entrepreneurs.

If the law is accepted after refinement, the platform can be launched by the end of 2021 - the beginning of 2022.

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