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On Amending The Law Of The Russian Federation "on Commodity Exchanges And Exchange Trade" And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Закон Российской Федерации "О товарных биржах и биржевой торговле" и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending the Russian Federation Act "On commodity exchanges and exchange trading" and individual Russian legislation Federation Adopted by the State Duma on 5 July 2013 Approved by the Federation Council on 10 July 2013 Article 1 Amend the Russian Federation's dated 20 February 1992 N 2383-I On commodity exchanges and exchange trade (Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 18, art. 961; 1993, N 22, sect. 790; Legislative Assembly of the Russian Federation, 2004, No. 27, art. 2711; 2006, N 17, sect. 1776; 2009, N 48, sect. 5731, 2011, N 48, 6728) the following changes: 1) Article 6 should be added to paragraph 4 as follows: " 4. The parties to the over-the-counter trades, including long-term contracts of supply, should present to the commodity exchange the information on such transactions in the cases, in the order, in terms of the volume and date set by the Government of the Russian Federation. "; (2) in article 12: (a) in paragraph 1: in the first paragraph of the word "issued" should be replaced with "issued"; paragraph 2 to declare invalid; b) paragraphs 2 to 5 shall be declared void; "(3) In article 23, paragraph 1, the word" issued "shall be replaced by the word" issued "; (4) In article 24, paragraph 2, the words "the federal executive in the area of financial markets" should be replaced by the words "Bank of Russia"; 5) article 34, as follows: " Article 34. The role of the Bank of Russia on control and supervision of activity of commodity exchanges, exchange intermediaries and stockbrokers Bank of Russia: controls compliance with the Russian Federation's legislation Stock exchanges; deals with traders ' complaints about abuses and violations of the Russian Federation's legislation in exchange trading. "; 6) in article 35: (a) in the name of the word" Federal organ " of the executive branch in the financial markets "to be replaced by the words" of the Bank Russian "; b) the first paragraph should read: " Bank of Russia to the right: "; (b) the second paragraph to declare invalid; g) in paragraph 6 of the" federal executive body in the field " replace the words "the Bank of Russia"; (7) in article 36: (a) in paragraph 1 of the words "the Federal Executive in the area of financial markets" should be replaced by the words "Bank of Russia"; b) in paragraph 2 of the word "Bank of Russia". "Federal executive authority in the field of financial markets" in paragraph 4: , in the first paragraph of the first word by the "Federal Executive in the area of financial markets", replace the words "Bank of Russia"; in the second paragraph of the word "to the Federal Authority". in the area of financial markets "replace the words" Bank of Russia "; 8) in article 37: (a) in paragraph 2: in the sixth paragraph of the" Federal Executive in the Financial Markets " Replace "Bank of Russia"; in paragraph 7 of the word "federal" In the area of financial markets, replace the words "the Bank of Russia"; b) in paragraph 3 of the words "by the Government of the Russian Federation on the submission of the Federal Executive in the Financial Markets". Replace the words "Bank of Russia"; 9) in article 38 (2): (a) the first paragraph after the word "Decisions" should be supplemented by the words "Bank of Russia,"; (b) in the second paragraph of the word "Federal authorities" to read " The Bank of Russia, Federal authorities. " Article 2 Paragraph 2 of article 27-6 of the Federal Law of 22 April 1996 N 39-FZ On the Securities Market OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1918; 2002, N 52, sect. 5141; 2005, N 25, est. 2426; 2006, N 1, article 5; 2007, N 1, est. 45; N 50, sect. 6247; 2010, N 41, sect. 5193; 2011, N 48, sect. 6728; 2012, N 53, sect. 7607), amend to read: " (1) Registration of securities prospectus (prospectus of securities, privatization plan registered as prospectus of securities), the admission of exchange bonds or Russian securities Depository receipts with the listing of the prospectus of the listed securities or admission of securities to organized trading without their inclusion in quotation lists; ". Article 3 Amend Russian Federation Code of Administrative Offences. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 4, 10; N 2, est. 172, 175; N 6, st. 636; N 10, sect. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 21, 25, 29; N 7, st. 840; N 16, stop. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4015; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251; N 30, sect. 3582, 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2759, 2767; N 26, est. 3120, 3122, 3131; N 29, st. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 18, sect. 2145; N 19, st. 2291; N 21, est. 2525; N 23, st. 2790; N 27, sect. 3416; N 28, est. 3553; N 30, sect. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, sect. 5192, 5193; N 49, sect. 6409; 2011, N 1, st. 10, 23, 54; N 7, st. 901, 905; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873, 3881; N 29, st. 4280, 4298; N 30, est. 4573, 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; N 48, sect. 6728, 6730; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 19, est. 2278, 2281; N 24, est. 3068, 3069, 3082; N 29, 100. 3996; N 31, st. 4320, 4330; N 47, sect. 6402, 6403; N 49, est. 6757; N 53, sect. 7577, 7602, 7640, 7641; 2013, N 14, st. 1651, 1657, 1666; N 19, st. 2323, 2325; Russian newspaper, 2013, July 2) the following changes: 1) Part 1 of Article 4.5 after the words "securities market," to supplement the words "insurance legislation, legislation"; 2) Article 13.25 be supplemented with Part 3 , to read: " 3. The failure of the insurer to keep documents, the list of which and the requirements for the security of which are provided for by insurance legislation,- shall entail the imposition of an administrative fine on officials in the 50,000 to 30,000 rubles; legal entities-from 100,000 to 2,000 roubles. "; (3) in article 14.24: (a) in the first paragraph of Part 4 of the phrase" the federal executive authority in the region "Replace" with "Bank of Russia"; b) in the first part of paragraph 6 the word "information," should be replaced by "information and not providing such information-"; 4) paragraph 1 of article 15.18 should read as follows: " by a professional participant in the securities market, related to the transfer of emissive securities, prior to the recording of a report on the outcome of their release (additional issue) in the event that the registration of such a report is provided for by law and if these actions do not constitute a criminal offence ";"; 5) in the first paragraph of article 15.19, paragraph 1, of the words "the normative legal acts of the federal executive authority in the area of financial markets" should be replaced by "Bank of Russia regulations"; 6) in article 15.29: (a) in the first paragraph of Part 8 of the phrase " the federal authority In the area of financial markets, replace the words "the Bank of Russia" with the words "the federal executive in the field of financial markets" with the words "Bank of Russia". in the corresponding folder; 7) in the first part of article 3 15.35 the words "the federal executive in the area of financial markets" should be replaced by the words "Bank of Russia"; 8) in the first part of article 19.5, paragraph 9, of the words "the federal executive authority in the financial market area or its financial markets". Replace the words "Bank of Russia"; 9) in article 19.7-3: (a) in the name of the word "Federal Executive in the area of financial markets" be replaced with the words "Bank of Russia"; b) First, read: " Nonrepresentation or Violation of the order or deadlines for submission to the Bank of the Russian Federation of reports, notifications and other information provided by law and (or) necessary for the exercise by that body (official) of its lawful activity or submission Information not in full and (or) incorrect information, except in cases where the Bank of Russia is ordered to eliminate the infringement of insurance legislation in accordance with the insurance law, if these actions (Inaction) does not contain a criminal offence,-"; 10) Part 1 Article 23.1, after the words "14.49", add the words "Article 14.51, Article 14.51, Articles"; Article 23.47, 23.65, 23.72, 23.73, as follows: 12) Article 23.74, amend to read: " Article 23.74. Bank of Russia 1. The Bank of Russia considers the cases of administrative offenses under Articles 5.53-5.55, Parts 1 and 3 of Article 13.25, Part 1 of Article 14.4-1, Articles 14.24, 14.29, 14.30, 15.17-15.22, parts 1 to 10 of Article 15.23-1, Article 15.24-1, and 15.26-1, paragraphs 1 to 3 of article 15.27 (within the limits of their authority), articles 15.28 to 15.31, 15.35, part 9 of article 19.5, article 19.7 to 3 of this Code. 2. The President of the Central Bank of the Russian Federation, his deputies, the head of the territorial establishment of the Central Bank of the Russian Federation, His deputies are administrative offences under part 1 of this article; 2) the heads of the structural units of the Central Bank of the Russian Federation, their deputies, whose competence includes questions in in the field of financial market surveillance and control (excluding "Banking activities", on administrative offences under articles 5.53 to 5.55, Parts 1 and 3 of article 13.25, article 14.4-1, articles 14.24, 14.29, 14.30, 15.17 to 15.22, paragraphs 1 to 10 of article 15.24-1, 15.26-1, paragraphs 1 to 3 of article 15.27 (except for administrative offences committed by credit organizations, credit institution officials, employees of credit organizations referred to in note 2 to article 15.27), articles 15.28-15.31, 15.35, part 9, article 19.5, article 19.7-3 of this Code; "The heads of the territorial units of the Central Bank of the Russian Federation, which are responsible for oversight and control of financial markets (excluding banking activities)," The offences referred to in articles 5.53 to 5.55, Parts 1 and 3 of article 13.25, article 14.4-1, articles 14.24, 14.29, 14.30, 15.17 to 15.22, paragraphs 1 to 10 of article 15.24-1, 15.24-1, 15.26-1, and paragraphs 1 to 3 of article 15.27 (1) Committed in the Management of by persons of credit organizations, employees of credit organizations referred to in note 2 to article 15.27), articles 15.28-15.31, 15.35, part 9 of article 19.5, article 19.7, 3 of this Code. "; power; 14) in article 28.3, paragraph 2: (a), paragraph 61 should be declared void; (b) paragraph 81, amend to read: " 81) officials of the Bank of Russia on administrative offences, Article 14.36, paragraphs 1 to 3, article 14.36, paragraph 11, article 15.23-1, article 15.26, article 15.36 (except for administrative offences committed by a credit institution), article 19.4, part 1, article 19.5, part 1, articles 19.6, 19.7, 19.20 of this Code; "; , paragraph 91, shall be declared null and void; In paragraph 97, the words "Part 3" should be replaced by the words "Parts 2 and 3"; (15), article 28.7, after the words "securities market and investment funds," should be supplemented with the words "insurance legislation,". Article 4 Amend federal law N 294-FZ of 30 December 2012 amending certain legislative acts of the Russian Federation (Russian Federation legislature, 2012, N 53, Art. 7619) the following changes: 1) Article 4, paragraph 4, amend to read: "4) to supplement Article 15-2 as follows: " Article 15 -2. Liability insurance developer 1. Performance of the developer's obligations on the transfer of the dwelling to the party's share of the construction contract can be ensured by insurance of civil liability of the developer for non-performance or improper fulfillment of obligations on the part of the developer. The transfer of the accommodation under the contract by: 1) the participation of the developer in the civil liability insurance company of the developers (hereinafter referred to as the mutual insurance company), which has a corresponding licence for implementation and established solely for the purpose of implementing the the type of insurance; 2) the conclusion of the contract of insurance of civil liability of the developer for non-performance or improper fulfillment of obligations on the transfer of the living space under the contract (hereinafter-the insurance contract) with the insurance company An organization licensed to carry out this type of insurance in accordance with the laws of the Russian Federation on insurance and satisfying the following requirements: (a) insurance activity for at least five years; b) having its own funds of at least 400 1 million rubles, including authorized capital in the amount of at least 120 million rubles; (in) compliance with the financial stability requirements stipulated in the legislation of the Russian Federation on insurance, on all reporting dates. The failure to implement measures to prevent the bankruptcy of an insurance organization in accordance with the Federal Act of 26 October 2002, No. 1127-FZ "On insolvency (bankruptcy)"; (d) No decision by the Central Bank of the Russian Federation (Bank " (e) The absence of a decision of the arbitral tribunal to impose one of the procedures applied in the bankruptcy case, in accordance with the federal law of the Russian Federation, Act No. 127 of 26 October 2002 on insolvency (bankruptcy). 2. The developer is in the order and under the conditions established by this Federal Law, until the State registration of the contract concluded with the first participant of the equity construction, at his own expense, the insurance of civil liability for Failure or improper performance of the obligation to transfer the living quarters of the contract. 3. In the event that the developer chose insurance as a means of enforcing his or her obligations for the transfer of the accommodation under the contract, he was obliged to communicate the terms of insurance as well as the details of the insurance. A society of mutual insurance or an insurance organization (hereinafter-the insurer), which provides insurance of civil liability of the developer. 4. The terms of insurance shall be determined by the insurance rules adopted or approved by the insurer, taking into account the requirements set forth in this article. 5. Liability insurance of the developer for non-performance or improper performance of the obligation to transfer the living space under the contract shall be carried out in favour of the beneficiary-parties of the equity construction referred to in Part 6. of this article. 6. The beneficiaries under the insurance contract are citizens or legal entities (excluding credit organizations) whose funds have been used in accordance with this Federal Act for the construction (s) of the facility Construction on a contract for the transfer of a dwelling. It is permissible to replace the beneficiary specified in the insurance contract by another person in the case of an assignment of the right of claim under the contract with the notice of the insurer in writing. 7. The object of insurance is the property interests of the developer involved in its liability to the equity participants in connection with the non-performance or improper fulfillment of the obligations for the transfer of the living space under the contract. 8. An insurance case is the failure or improper performance by the developer of the obligations on the transfer of the contractual dwelling, confirmed by: 1) by a court decision to apply for bail pursuant to article 14 of this Federal Law; 2) by the decision of the arbitral tribunal to declare the debtor bankrupt and on the commencement of insolvency proceedings in accordance with the Federal Act of 26 October 2002, No. 127th FZ "On insolvency (bankruptcy)", and also extracts from the register of creditors ' claims of size, composition and both Meeting of the Meeting of the 9. The insurance contract is considered to be a prisoner from the date of the State registration of the participation agreement in the equity construction and acts until the period stipulated by the contract for the transfer of the equity construction to the developer of the equity construction. At the same time, the beneficiary retains the right to receive insurance compensation on an insurance event that took place within two years after the expiration of the stipulated contract of participation in the equity construction of the dwelling. 10. The minimum insurance amount under the insurance policy, within which the insurer is required to make an insurance claim, is calculated on the basis of the price of the contract and cannot be less than the amount calculated on the basis of The total area of the accommodation to be shared and the average market value of one square metre of total housing in the constituent entities of the Russian Federation, as defined by the federal authority the executive authority responsible for the development and/or implementation of the Public policy and regulatory framework in the area of construction, and is subject to the application of social benefits for all categories of citizens who receive these social benefits for acquisition, The construction of residential premises at the expense of the federal budget, at the date of the conclusion of the insurance contract. 11. The insurance contract may provide for the right of the insured person to pay the insurance premium in instalments in accordance with the procedure established by the insurance rules. The obligation to pay the insurance premium (part of the insurance premium) is considered to be performed by the insured person from the day the money was received in the bank account or in the counter of the insurer. 12. The insurance contract cannot establish a franchise (part of the non-refundable share of damages incurred by the contributor). 13. The insurance contract shall establish the obligation of the insurer to communicate to the insolvency representative the amount of the insurance compensation paid to the participants. 14. The Insurer is entitled to a claim to the developer in the amount of compensation paid in the case of the failure of the developer in the bankruptcy case, in accordance with article 10 of the Federal Act of 26 October 2002 N 127-FZ " O Insolvency (bankruptcy) ". 15. Termination or early termination of the insurance policy does not relieve the insurer of the obligation to pay insurance compensation for the insured events that occurred during the life of the insurance policy. In the event of the termination or early termination of the insurance policy, the insurer is required to notify the parties of the equity construction within seven working days. 16. The features of the creation and operation of the mutual insurance company, as provided for in this article, shall be established by the Federal Act of 29 November 2007 No. 286-FZ "On mutual insurance". ";"; 2) of article 7, paragraph 3, after the words "Articles 4, 12-1, 15 -1, 15-2 and" supplement "paragraph 3 of part 7 of article". Article 5 1. To be declared invalid since the official publication of this Federal Law: 1) Article 1 (a) of the Law of the Russian Federation 2) paragraphs Eighteenth to twenty-second article 24-10 of the Federal Law of 29 July 1998 N 135-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3813; 2006, N 31, 100 3456; 2011, N 1, st. 43); 3) subparagraphs (b)-"g" of article 1, paragraph 5, of the Federal Law of 15 April 2006, N 47-FZ " On amendments to the Law of the Russian Federation The Russian Federation "On commodity exchanges and exchange trade" and the Code of Administrative Offences of the Russian Federation " (Collection of Laws of the Russian Federation, 2006, No. 17, Art. 1776); 4) paragraphs 5 to 9 of Article 1 of the Federal Law of 28 December 2010, No. 431-FZ " On introducing changes to The Federal Law "On assessment activities in the Russian Federation" and article 5 of the Federal Law "On amendments to the federal law" On evaluation activities in the Russian Federation "and certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 43). 2. Acknowledge void as of 1 September 2013: 1) article 4, paragraph 3 (b), of Federal Law of 30 December 2004 N 219-FZ " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION (45); 2) paragraphs 3 to 7 of Federal Law of 21 March 2005 N 17-FZ " On amendments to Article 4 of the Federal Law The Law "On amendments to some legislative acts of the Russian Federation in connection with the adoption of the Federal Law on credit histories" (Assembly of Laws of the Russian Federation, 2005, 1075); 3) paragraph 2 and article 2, paragraph 3 (a) of the Federal Law of 15 April 2006, N 47-FZ " On amendments to the Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1776); 4) paragraph 16 and subparagraph (b) of article 1, paragraph 17, of the Federal Law of 9 February 2009 N 9-FZ " On amendments to the Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION Investment Funds and the Federal Securities Market Clarification of the definition and concretization of signs of price manipulation in the securities market. 777); 5) article 9, paragraph 4 (a) of the Federal Act of 19 July 2009, N 205-FZ " On amendments to selected legislative measures, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3642); 6) paragraph 79, paragraphs 56 and 56 of paragraph 80 (a) of article 1 of the Federal Act of 28 December 2009 380-FZ "On amendments to the Code of Administrative Offences of the Russian Federation" (Assembly of Laws of the Russian Federation, 2010, N 1, Art. 1); 7) Article 3, paragraph 2, of the Federal Law of 5 July 2010 N 153-FZ "On amending certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3553); 8) paragraph 4, paragraphs 2 to 11 of Article 2 of the Federal Law of 23 July 2010 N 176-FZ " On introducing changes to Federal Law "On combating the legalization (laundering) of criminally obtained incomes and the financing of terrorism" and the Code of Administrative Offences of the Russian Federation " (Collection of Laws of the Russian Federation, 2010, Art. 4007); 9) article 24, paragraph 8, of the Federal Law of 27 July 2010, No. 224FZ " On counteracting the misuse of insider of the Russian Federation, the Russian Federation, the Russian Federation, the Law of the Russian Federation, the Law of the Sea, art. 4193); 10) article 28, paragraph 7, of the Federal Law of 1 July 2011 N 170-FZ " On Technical Inspection of Vehicles and on the Application of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3881); 11) paragraphs 4, 7, 8 and 10 of Article 2 of the Federal Law of 8 November 2011, No. 308-FZ "On amendments to the Federal Law" Countermeasures to the legalization (laundering) of criminally obtained incomes and the financing of terrorism "and the Code of Administrative Offences of the Russian Federation" (Assembly of Laws of the Russian Federation, 2011, No. 46, Art. 6406); 12) article 3, paragraph 2, of the Federal Law of 3 May 2012, N 47-FZ "On amendments to the federal law" On the foundations of the tourism industry OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2281). Article 6 1. Since 1 September 2013: 1) the Bank of Russia acts as an interested party in cases of administrative prosecution brought by officials of the federal executive branch in the financial sector. markets and its territorial bodies, when challenging the actions of officials of the federal executive in the field of financial markets and its territorial bodies involved in the administration of administrative responsibility, to challenge the decisions and decisions of the federal executive branch of financial markets and its territorial bodies to bring the perpetrators to administrative responsibility; 2) the Bank of Russia is considering cases of administrative offences that were initiated before 1 September 2013 The authorized officials of the Federal Service for Financial Markets or its territorial bodies, and on the basis of which the results of the examination of the cases, have not been issued by the Federal Service for Financial Markets. 2. The Administrative Offences Ordinance, issued by officials of the Federal Service for Financial Markets or its territorial bodies, may be appealed to the Bank of Russia in accordance with paragraph 3 after 1 September 2013. Part 1, article 30.1 of the Code of Administrative Offences of the Russian Federation. 3. Judges (justices of the peace) hear cases of administrative offences within the limits of jurisdiction established by the Code of the Russian Federation On 1 September 2013, the authorized officials of the Federal Financial Markets Service, or its territorial bodies, had drawn up reports on the institution of cases Administrative offences, if such cases are not considered at the specified date completed. 4. Since September 1, 2013, the Bank of Russia has initiated cases of administrative offenses for non-payment of the time limit set by the Code of the Russian Federation. Administrative Offences, the administrative penalty imposed on cases of administrative offences brought by the Federal Service for Financial Markets or its territorial bodies. Article 7 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article has been set differently. 2. Article 3, article 5, paragraph 2, of article 6 of this Federal Act shall enter into force on 1 September 2013. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 249-FZ