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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Certain Legislative Acts Russian Federation adopted by the State Duma on June 19, 2015 Approved by the Federation Council on June 24, 2015 Article 1 (Legislative Assembly of the Russian Federation) of the Russian Federation, 1998, 2071; 2002, N 12, est. 1093; 2003, N 2, est. 166; 2007, N 50, sect. 6247; 2010, N 17, sect. 1988; 2012, N 47, sect. 6391; 2013, N 30, sect. 4084; N 52, sect. 6975; 2014, N 30, est. 4219), as follows: 1) in Article 7-2: a) in paragraph 3-1: paragraph 2 after the words "organization and monitoring of their implementation" with the words ", and also for the analysis of the financial condition of the fund, Article 183-13 of the Federal Act of 26 October 2002, No. 127-FZ "On insolvency (bankruptcy)", "; to add the following paragraphs: " From the date of appointment of the provisional administration in connection with Cancellation of the property of the fund by the fund, including discretionary management is not permitted without the consent of the interim administration. From that date, the powers of attorney issued by the fund shall cease to be valid until the date of appointment of the interim administration, including irrevocable authority. The Interim Administration of the Compulsory Pension Insurance Fund, which is not a member of the guarantee system for the rights of the insured persons, determines the obligations of the Fund under the treaties mandatory pension insurance on the date of cancellation of the license and forwards this information to the Pension Fund of the Russian Federation within 30 days from the day of cancellation of the Fund's license. "; b), paragraphs 3-2-3-4, set out in the following editions: " 3-2. The Bank of Russia issued a statement on the compulsory liquidation of the fund within 15 working days after the decision on cancellation of the license (hereinafter referred to as the statement on the compulsory liquidation of the fund). 3-3. In accordance with the decision of the arbitral tribunal, the compulsory liquidation of the fund shall be carried out in accordance with the procedure established by article 33-2 of this Federal Law. 3-4. The Pension Fund of the Russian Federation shall submit, no later than 30 days from the date of receipt of the information on the obligations under the mandatory pension insurance contracts, from the date of receipt of this article by the interim administration, on the date of receipt of this article. Bank of Russia data on the amount of the pension savings received by the fund upon the entry into force of the compulsory pension insurance agreement with the fund, and the pension savings received by the fund from the date of entry into force of the treaty mandatory pension insurance, as well as a positive result Investments of the said funds in respect of each insured person. "; 2) chapter IX to supplement Article 33-2 as follows: " Article 33-2. Liquidation of the Fund at the initiative of the Bank of Russia (forced liquidation) 1. The arbitral tribunal shall consider the application for the compulsory liquidation of the fund in accordance with the rules established by the Code of Arbitration of the Russian Federation and taking into account the peculiarities established by this Federal Law. A statement of the compulsory liquidation of a fund shall be considered by the arbitral tribunal within a period not exceeding one month from the date of submission of the said declaration. " In considering the statement on the compulsory liquidation of the fund, the preliminary court hearing, which is provided for in the Code of Arbitration of the Russian Federation, shall not be held. 2. The decision of the arbitral tribunal to liquidates the fund shall enter into force on the date of its adoption. The appeal against the decision of the arbitral tribunal to terminate the fund shall not suspend the execution of the decision. From the date of the entry into force of the decision of the arbitral tribunal to liquidate the fund, the consequences provided for by the Federal Act of 26 October 2002 No. 127-FZ "On insolvency (bankruptcy)" for the recognition of the Fund bankrupt. The liquidation of the fund is carried out in the order and in accordance with the procedures provided for by the Federal Act of 26 October 2002 No. 127-FZ "On insolvency (bankruptcy)" for the insolvency proceeding, taking into account The characteristics set out in this Federal Act. The Arbitration Court shall, no later than five days from the date of the entry into force of the decision on the liquidation of the fund, forward the decision to the Bank of Russia, the Agency and the authorized registering body. The registrant shall enter into a single State register of legal persons for the record that the fund is in the process of liquidation by a decision of the arbitral tribunal. 3. The Agency is the liquidator of the fund's compulsory pension insurance. 4. From the date of the entry into force of the decision of the arbitral tribunal on the liquidation of the fund, the provisional administration is terminated, the liquidator of the fund begins to exercise its powers and acts until the date of incorporation into a single state register Legal entities of the liquidation of the fund. Within a period not exceeding 10 days from the date of the entry into force of the decision of the arbitral tribunal to liquidates the fund, the interim administration shall hand over to the liquidator its available accounting and other documentation (including size details) the requirements of the creditors of the fund), the material and other values adopted by the executive bodies of the fund, as well as the seals and stamps of the fund (if any). 5. After the end of the submission deadline by the creditors of the fund, the liquidator of the fund shall have an interim liquidation balance, which shall contain separately the following particulars: 1) in the event of the liquidation of the operating fund Mandatory pension insurance,-on the composition of the assets of the insured persons ' pension savings, the amount of the fund's liabilities to the insured persons, the requirements of other persons in accordance with the law; 2) on the composition of the assets of the Fund under liquidation, the list of claims, The results of these proceedings are the responsibility of the court. 6. The interim liquidation balance shall be approved by the liquidator of the fund and is subject to approval by the Bank of Russia no later than one month from the date of its deployment to the Bank of Russia in accordance with the established procedure. 7. The Fund's creditors are satisfied in accordance with the interim liquidation balance following its approval by the Bank of Russia from cash received from the sale of funds received from the fund. The sale of property constituting the means of pension savings, in the order of priority established by the Federal Act of 26 October 2002, No. 127FZ "On insolvency (bankruptcy)", if the circumstances provided for in paragraph 12 are not disclosed. of this article. Satisification of the creditors of the fund carrying out the compulsory pension insurance is in the order of priority established by Article 187-11-1 of the Federal Law of 26 October 2002 N 127-FZ " O bankruptcy ". 8. The liquidator of the fund is obliged to take measures aimed at securing the funds of pension savings, cash received from sale of property of the fund, money received from the sale of property, component of the fund. pension savings, assets of pension savings, and property of the fund. The fund's liquidator is entitled to transfer the funds of pension savings to trust management in order to implement the property constituting the means of pension savings. 9. The period of liquidation of the fund may not exceed three years from the date of the entry into force of the decision of the arbitral tribunal to liquidate it. The time limit may be extended by the arbitral tribunal upon application by the liquidator of the fund. 10. If the funds available to the fund are insufficient to meet the requirements of the fund's creditors, the liquidator of the fund will implement the assets of the Fund in the manner established by the Bank of Russia. 11. The costs of trust fund management, as well as the disposal of assets of the pension savings, are determined by the decision of the Board of Directors of the Agency and may not exceed 5 per cent Funds received from the disposal of assets that form part of the pension savings. In the event that such expenditures exceed 5 per cent of the funds, the excess of such expenditures shall be charged to the other property of the fund, with the exception of the provisions of the pension reserves. 12. In case of insufficient cash received from the sale of the property, which is the means of pension savings, or the property of the fund, the liquidator of the Fund, in agreement with the Bank of Russia, sends the application to the arbitration court in writing. The Fund's recognition is insolvent (bankrupt). 13. The report on the liquidation of the fund with the liquidation balance application is approved by the arbitral tribunal in accordance with the Federal Act No. 127 of 26 October 2002 on insolvency (bankruptcy). ". Article 2 Act No. 86 of 10 July 2002 on the Central Bank of the Russian Federation (Bank of Russia) Russian Federation, 2002, 2790; 2008, N 42, sect. 4696; N 44, st. 4982; 2009, N 1, st. 25; 2010, N 45, sect. 5756; 2011, N 7, est. 907; N 48, sect. 6728; 2012, N 53, sect. 7591; 2013, N 30, sect. 4084; N 49, sect. 6336; N 52, sect. 6975; 2014, N 40, st. 5318; N 45, sect. 6154; N 52, sect. 7543; 2015, N 1, est. 4, 37) the following changes: 1) to Chapter V to complete Article 26-2 as follows: " Article 26-2. The Bank of Russia sends to the State Duma information about the Bank of Russia's compensation to the credit institutions for part of the losses (expenses) arising from transactions with other credit organizations that have revoked the license for the loan, the Bank of Russia informed. Bank operations and compensation by the Bank of Russia to persons performing functions of the Central Counterparty, part of the losses (s) arising from transactions with the participants in the clearing which have been revoked (revoked) Implementation of the relevant activity, including: 1) Decisions of the Bank of Russia establishing (modifying) the compensation of part of the losses (expenses) of this article; 2) a list of the credit institutions and persons exercising the functions of the Central Counterparty that have entered into The Bank of Russia, the relevant agreements, the amount of funds provided to them by the Bank of Russia for compensation of some of the losses (expenses) specified in this article, shall be supplemented by article 46 by the following parts of the seventh and eighth parts, to read: " The Bank of Russia in order to prevent the emergence of situations, of the Russian Federation's threat to the financial stability of the Russian Federation, to the right: 1) to conclude agreements with the credit institutions under which the Bank of Russia undertakes to compensate such credit institutions for part of the loss (s), which they have had with other credit organizations that have revoked the banking licence; (2) to conclude with persons acting as a central counterparty (credit organizations, by non-credit financial institutions), agreements under which The Bank of Russia undertakes to compensate such persons for the part of the losses (expenses) that they have incurred in dealing with the participants in the clearing which have been revoked (revoked) of the license to carry out the activity in question. The terms of the agreements on compensation for part of the loss (expenses), the period during which such agreements are concluded, the circle of credit organizations and the persons exercising the functions of the Central Counterparty with which such agreements are concluded, and the criteria for their selection are determined by the Board of Directors. Information on the terms of the agreements on compensation for part of the loss (s), the period during which such agreements are concluded, the circle of credit organizations and persons exercising the functions of the Central Counterparty with which such agreements are concluded. agreements, selection criteria and model form of agreement are published in "Bank of Russia Bulletin.". Article 3 Article 3 Act dated October 26, 2002 N 127-FZ " On insolvency (...) (...) 4190; 2010, N 17, sect. 1988; 2011, N 7, sect. 905; N 29, st. 4301; N 48, sect. 6728; N 49, sect. 7015, 7040, 7068; N 50, stop 7357; 2013, N 30, est. 4084; N 52, sect. 6975; 2014, N 30, est. 4217; N 52, sect. 7543; 2015, N 1, est. (35) The following changes: 1) in article 187-4: (a) paragraph 1, paragraph 2, to declare invalid power; b), paragraph 5 should be declared void; 2) in article 187-7: (a) paragraph 1 should be stated as follows: editions: " 1. Competier production is introduced for a period of three years. The period of the insolvency proceedings may be extended by six months at the request of the person involved in the bankruptcy case. "; b) in paragraph 4: " The amount of the obligations to the end of the insolvency estate ". The insured persons are subject to a reduction in the amount of the guarantee indemnity under the guarantee case against a non-State pension fund or on the amount of the funds listed by the Bank of Russia to the Pension Fund of the Russian Federation. of the Federation under article 23, paragraph 6, of the Federal Act In December 2013, NN 422-FZ " On guaranteeing the rights of insured persons in the compulsory pension insurance system of the Russian Federation in the formation and investment of pension savings, establishment and administration of payments from funds pension savings "."; to supplement the following paragraphs: "In the case of bankruptcy and in the competitive process of a non-State pension fund that is engaged in mandatory pension schemes" Russian Federation's Pension Fund A tender payable by the insured persons and the beneficiaries of the deceased insured persons who have been included in the register of claims of creditors remaining after the indemnity under the guarantee case of the Pension Fund of the Russian Federation, or of the Bank of Russia's Pension Fund, in the manner provided for by this paragraph, including the right to vote at a meeting of creditors. Insured persons and beneficiaries of deceased insured persons are not competitive creditors. "; , paragraph 9, amend to read: " 9. Claims by the Agency for insurance of deposits acquired in connection with the payment of indemnity under the Federal Act of 28 December 2013 No. 422-FZ " On guaranteeing the rights of insured persons in the system of compulsory pension OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION Article 23 of the said Federal Law shall be included in the register of claims of creditors, regardless of the date of the closure of the register of creditors claimed. "; 3) in article 187-9: (a) paragraph 2, add the following paragraph: "With the sale of the assets of the pension savings, the provisions of article 139 of this Federal Law are not applied."; b) paragraph 4 shall be declared void; 4) to supplement article 187-11-1 , to read: " Article 187-11-1. { \cs6\f1\cf6\lang1024 } Pension Savings { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Guarantee the rights of insured persons 1. In the course of the competitive proceedings of a non-State pension fund, which is not a member of the guarantee system for the rights of the insured persons, the requirements to be met from the pension savings account are fulfilled in the following way: By way of: 1), first of all: requirements of the Bank of Russia acquired through the transfer of funds by the Bank of Russia to the Pension Fund of the Russian Federation, funds against the insured person in accordance with Part 6 Article 23 of the Federal Law of 28 December 2013 The rights of the insured persons in the system of compulsory pension insurance of the Russian Federation in the formation and investment of pension savings, establishment and administration of pension savings; " The requirements of the insured persons and their successors, which are understood to be the obligations of the non-State pension fund to the insured persons and their successors, which are determined by the insolvency representative in the amount of the obligations, by the interim administration (hereinafter referred to as the cumulative requirements of the of the Russian Federation in accordance with article 23, paragraph 6, of the Federal Act of 28 December 2013, entitled "Guarantee of rights" Insured persons in the system of compulsory pension insurance of the Russian Federation in the formation and investment of pension savings, establishment and administration of pension savings of the insured person); 2) to the second stage, the claims of creditors Non-State pension fund to be met by means of pension savings under the Federal Act on Non-State Pension Funds. 2. In order to satisfy the creditors of the first queue, the pension savings are directed to the satisfaction of the aggregate claim against the insured person in proportion to the percentage of the claim in the aggregate requirements for the insured person. All insured persons. The total requirement of the insured person is the amount of the insured person's claim and the Bank of Russia's claim against the insured person. At the same time, the satisfaction of the claim of the insured person shall not be carried out until the requirements of the Bank of Russia against the insured person are fully satisfied. 3. To meet the requirements of the creditors of the second queue, the funds shall be distributed among them in proportion to the amounts of their claims. 4. If the pension savings are not sufficient to satisfy the creditors referred to in paragraph 1 of this article, such claims are to be satisfied from the estate of the fund comprising the insolvency estate, in the following order: (1) the requirements of the first set of creditors, which are provided for in this Federal Law, are satisfied by the Bank of Russia's requirements, as well as the requirements of the insured persons; 2) as part of the creditors ' claims of the third of the Convention on the Law of the Sea requirements of non-State pension creditors to be met through pension savings under the Federal Act on Non-State Pension Funds and are not satisfied with pension funds. savings. ". Article 4 Article 19 of the Federal Law of 23 December 2003 N 177-FZ " On Insurance of the Deposits of Natural Persons OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, 2003, N 52, sect. 5029; 2008, N 52, sect. 6225; 2011, N 1, sect. 49; 2013, N 49, sect. 6336; N 52, sect. 6975; 2014, N 14, est. 1533; N 52, sect. 7543) supplement paragraph 9-1 as follows: " 9-1) determines the amount of expenses associated with the trust management of pension savings, as well as the disposal of the assets of the pension savings instrument, The framework for the elimination of the non-State pension fund, which carries out compulsory pension insurance activities, in accordance with article 33, paragraph 11, of the Federal Act on Non-State Pension Funds; ". Article 5 Amend federal law dated December 28, 2013" On amendments to the federal law "On non-state pension funds" and certain legislative acts of the Russian Federation " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6975; 2014, N 30, est. 4219; N 49, sect. 6919), the following changes: 1) Article 5, paragraph 13 (in the first paragraph of paragraph 2 and article 187-4, paragraph 5, article 187-4, paragraph 4, of the Federal Law "On insolvency (bankruptcy)") (c) Article 11, paragraph 1, of article 11, paragraph 2, should be amended to read "unless otherwise specified by federal law"; 3), article 15, paragraphs 2 and 3, shall be declared null and void. Article 6 Article 6 of the Federal Law of 28 December 2013 No. 4222-FZ " On guaranteeing the rights of insured persons in the system of the compulsory pension insurance of the Russian Federation in the formation and investment of means of pension savings, establishment and implementation of payments from pension savings " (Russian legislature's Legislative Assembly, 2013, N 52, sect. 6987; 2014, N 30, est. 4219; N 49, sect. 6919), the following changes: 1) in article 22, paragraph 3, the words "Parts 3 to 12 of Article 21" shall be replaced by the words "Parts 3 to 6 and 8 to 12 of Article 21"; 2) of Article 23, paragraph 6, to read: " 6. In case of adoption by the arbitral tribunal upon the application of the Bank of Russia, the decision on the compulsory liquidation of a non-State pension fund, which is not a Fund participant, in connection with the cancellation of the license of the Bank of Russia in the manner prescribed by the Bank of Russia and the Bank of Russia, In accordance with article 11, paragraphs 1 and 2, of this Federal Act, the amount of funds determined in accordance with article 11, paragraph 3, of this Act is transferred to the Pension Fund of the Russian Federation. Federal Law of 28 December 2013 No. 410-FZ "On amendments to the Federal Law" The law "On non-state pension funds" and certain legislative acts of the Russian Federation "), as well as the sum of the payment of the reserve and pension savings of insured persons with an urgent pension payment, "On the date of revocation of the license, in order to fulfill the obligations of the Pension Fund of the Russian Federation transferred to the liabilities of the non-State pension fund, the license of which has been cancelled, under the contracts of compulsory pension insurance." Article 7 1. This law shall enter into force on the date of its official publication. 2. The provisions of articles 7 to 2 and 33-2 of the Federal Act of 7 May 1998 No. 75-FZ "On non-State pension funds" (as amended by the present Federal Act) The insolvency (bankruptcy) law of the Federal Law of October 26, 2002 (as amended by the Federal Law) applies to the insolvency of the Russian Federation. arbitration courts in cases of bankruptcy and Compulsory liquidation of non-State pension funds, including those which are not-for-profit organizations and activities as an insurer of compulsory pension insurance, for which proceedings have been instituted The Conference of the States parties to the Convention on the Rights of the Child 3. Failure to revoke the licence of a non-governmental pension fund, a non-profit-making organization and as an insurer of compulsory pension insurance, is an additional ground for the cancellation of the licence. -until January 1, 2016, the non-state pension fund will have to transform it into a joint-stock company. 4. Before the Bank of Russia has approved the procedure for the implementation of the property of the fund, provided for in article 33, paragraph 10, of the Federal Law of 7 May 1998, N 75-FZ The fund's liquidator implements the property of the fund in accordance with the procedure agreed with the Bank of Russia. President of the Russian Federation Vladimir Putin Moscow, Kremlin June 29, 2015 N 167-FZ