88 fz per 1 herb. Federal law. It is necessary for budgetary authorities to issue “SVIT” salary cards for workers

Clause 1 of Article 16.1 of the Law Russian Federation dated 7th 1992 No. 2300-I “On the protection of the rights of livestock” (as amended by the Federal Law dated 9th 1996 No. 2-FZ) (News of the Congress of People's Deputies of the Russian Federation and the Verkhovna Radya of the Russian Federation, 1992 No. 15 art. 766; News of the Verkhovna Radio of Ukraine, 1996, No. 3, statistics 140; 2014, No. 19, statistics 2317, No. 27, statistics 4198)

"1. The seller is required to ensure the ability to pay for goods (work, services) through the use of national payment instruments, as well as the availability of payments for the choice of a partner.

The obligation to ensure the possibility of paying for goods (works, services) using different national payment instruments within the national payment card system extends to the seller (Viconovtsa), which proceeds from goods (works, services) ) forty million rubles are transferred over the previous calendar year.

If the place to pay for goods (work, services) is at the place where services are not provided with access to a broken radiotelephone connection and (or) collective access to the information and telecommunications network “Internet”, the seller ь (nowadays) is included in the obligation to ensure Where is it possible to pay for goods (work, services) using local national payment instruments?

The seller is obliged to ensure the possibility of payment for goods using local national payment instruments at a trading facility whose revenue for goods is less than five million rubles in the previous calendar year.”

Introduce to the Federal Law dated June 27, 2011 No. 161-FZ “On the national payment system” (Collections of Legislation of the Russian Federation, 2011, No. 27, Art. 3872; 2013, No. 30, Art. 4084; No. 52, Art. 6968; 2014, No. 19, statistics 2315, 2317; No. 43, statistics 5803; 2016, No. 27, statistics 4223) upcoming changes:

1) paragraph 11 of Article 3 after the words “Russian Federation,” add the words “if not otherwise provided by this Federal Law, then”;

2) part 8.1 of article 20 published by the following edition:

"8.1. When entered before the rules payment system changes that introduce the introduction of new tariffs or increase the size of tariffs, the operator of the payment system must inform the Bank of Russia at least 30 calendar days before the date of introduction of the changes to the payment rules ї systems for setting up the designated changes.”;

3) in statti 22:

a) paragraph 1 of part 1 of this edition:

“1) within the framework of the payment system for three calendar months after transfers of funds in the form of the minimum value established by the Bank of Russia from the sum of transfers of funds issued by credit institutions;”;

b) part 2 of this edition:

"2. A payment system that is socially significant in any type requires one of the following criteria:

1) between the payment system for three calendar months after transfers of penny costs in an amount not less than the value established by the Bank of Russia for the amount of transfers of penny costs within the framework of payment systems, and more than half of these transfers of funds for an amount not exceeding the value established by the Bank Russia;

2) the extension of the calendar period between the payment system of transfers of pennies from payment cards in the amount not less than the value established by the Bank of Russia for the amount of transfers of pennies from payment cards them cards issued within the framework of payment systems;

3) the current extension of the calendar period between the payment system of transfers of funds without the approval of a bank account, in view of the minimum value established by the Bank of Russia for the amount of transfers of accounts without the approval of a bank account , operating between payment systems;

4) the current extension of the calendar period within the framework of the payment system for the transfer of pennies for bank accounts of individual clients (except for the transfer of pennies for bank accounts of payment cards) in the size less than the value of the share established by the Bank of Russia for the amount of transfers of pennies for the bank accounts of clients - physical persons existing between payment systems.”;

4) in Statute 30.1:

a) part 2 has the words “that other electronic services payment, which is expected”, replace with the words “other electronic payment methods, on which a trademark (service mark) is placed, which is the responsibility of the NSPK operator, and what is expected”;

"2.1. When placed on a national payment instrument trademark(service mark), which is subject to the operator of a foreign payment system, transactions with substitutes of the national payment instrument on the territory of the Russian Federation are subject to the rules of the NSPK.”;

5) in Statute 30.2:

a) part 3 of the publication from the following edition:

"3. The Bank of Russia’s share in the statutory capital of the NSPK operator cannot be less than 50 hundred rubles plus one voting share.”;

b) in part 4, replace the words “over 10 hundred thousand” with the words “over 5 hundred thousand”;

6) in statistic 30.5:

a) Part 1 is supplemented with paragraphs 3 - 6 of the following amendment:

“3) Zovnishekonombank as an individual participant of the NSPK;

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

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

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

b) part 3 of this edition:

"3. Credit institutions are required to ensure the acceptance of national payment instruments for all of their clients no later than June 1, 2017 technical devices, intended for the current distribution of payment cards, including ATMs, as well as in technical devices, intended for the current distribution of payment cards, all organizations, individual with whom such credit institutions have entered into agreements on the structure of transactions with vicarious payment processors cards of cards and national payment instruments.";

c) part 5 is published by the following edition:

"5. Credit organizations during this operation with transferred parts 5.5 and 5.6 stats in payments for the share of the budgets of the budget system of the Russian Federation (hereinafter - payments) dues (for By the way, in part 5.4 of the article) in the line inserted in part 5.3 of the article:

1) provide individual clients with only national payment instruments at once, as the banking department transfers these transactions from various payment cards. A credit institution that provides national payment instruments means at least one type payment card(the type of product is due to the type of service that is provided to the client - an individual), which is a national payment instrument and for supply, river service, for the type of ready-made bills for which at the designated credit institution prices, and also at these ATMs there is no fee for clients - physical persons who are required to pay the payments specified in paragraph 4 of part 5.5 of this article;

2) to secure payments to the banking accounts of physical clients whose transactions involve the use of national payment instruments.”;

d) add part 5.1 to this amendment:

"5.1. Credit organizations are required to carry out operations in the Russian Federation using payment cards for bank accounts, where clients' assets are insured - physical persons Pay extra using national payment instruments. The provisions of this part do not interfere with the right of the bank account holder to carry out transactions from such a bank account without the use of a payment card.”;

e) add part 5.2 to the following amendment:

"5.2. The provisions of parts 5 and 5.1 of these articles are also respected whenever a trademark (service mark) is placed on a national payment instrument, which is the responsibility of the operator of a foreign payment system.”;

f) add part 5.3 to this substitution:

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

1) for clients - physical persons, when they are subject to the banking system by withdrawing payments to bank accounts that are reopened to transfer this operation from payment cards, - from 1 June 2017;

2) for clients - physical persons (subject to the provisions in paragraph 1 of this section), how to withdraw payments specified in paragraphs 4 and 5 of part 5.5 of this article, to bank accounts, which are transferred This operation is carried out using various payment cards that are not national payment instruments, - after the end of the term of payment cards, and not later than 1 June 2020;

3) for clients who are physically disabled (subject to the provisions in paragraph 1 of this section) to withdraw payments transferred in paragraphs 1 – 3 of part 5.5 of this article, from the 1st month of 2018.”;

g) add part 5.4 to the following amendment:

"5.4. The provisions of parts 5 - 5.3 of this article do not apply to the withdrawal of tax payments by clients - individuals from the income tax of individuals, the withdrawal of payments to bank accounts by clients - individuals , that this operation is not transferred to payment card holders, which are accepted by clients - individuals payments for additional ready-made payments (including through postal delivery organizations), collected by clients - individuals, which are determined according to the regulatory legal acts of one-time payments or payments that apply periodically at least once per river, and also do not get stuck as soon as possible physical characteristics, there may be a permanent place of residence between the Russian Federation, foreign diplomatic representatives, consular posts of the Russian Federation and permanent representatives of the Russian Federation at international (interstate, inter-rank) organizations.”;

h) add part 5.5 to this amendment:

"5.5. The obligations of credit institutions, established by parts 5 and 5.1 of this article, come into effect at the time of ongoing operations with the following payments:

1) penny loss, wine to the city, security for state servicemen;

2) payment of practical workers (personnel) of state and municipal bodies, institutions, state budgetary funds;

3) state scholarships;

4) pensions and other social payments, the creation of which, according to the legislation of Ukraine, are brought under the competence of the Pension Fund of the Russian Federation;

5) today's morning of justice.";

i) add part 5.6 to this substitution:

"5.6. The order of the Russian Federation, in agreement with the Bank of Russia, has the right to establish the transfer of other payments for the purpose of establishing parts 5 of this statute.”;

j) add part 5.7 to this amendment:

"5.7. The size of the commission fee, associated with the withdrawal, acceptance of the national payment instrument and its subsidiaries, should not exceed the size of the commission fee, which is contracted by the credit institution for payment cards of payment systems of the same type and product type.”;

7) in statistic 30.6:

a) part 2 of the publication from the following edition:

"2. The Bank of Russia provides services for the transfer of funds from various national payment instruments when such transfers are carried out between NSPK participants specified in paragraphs 1 - 3 of part 1 of Article 30.5 of the Federal Law , or in cases where the participants of the NSPC are one party to the transfer of pennies, and the other party to the transfer of costs are the participants of the NSPK, designated in paragraphs 4 - 6 of part 1 of Article 30.5 of this Law. At times, the provision of specialized services by the Bank of Russia can be carried out with the participation of a central payment clearing counterparty without the Bank of Russia's approval of the bank accounts of NSPK participants, as specified in paragraphs 4 - 6 of part 1 of Article 30.5 th Federal Law.";

b) add part 2.1 to this amendment:

"2.1. Distribution services for the transfer of funds from various national payment instruments not specified in Part 2 of this article, in other cases may be provided by a disbursement center, which may be:

1) credit organization;

2) Zovnishekonombank;

3) foreign bank (foreign credit organization);

4) foreign central (national) bank;

5) international financial organization.”;

c) add part 2.2 to this substitution:

"2.2. Once received by the operator of the NSPK, the rozrakhunkovogo center is obliged to Part 2.1 of the Article of the Regulations of Part 1 of Article 19 of this Law will not be stagnated.”

1. This Federal Law gains rank from the day of its official publication, in accordance with this Law.

Moscow Kremlin

Review of the document

Changes have been made to the laws on the protection of the rights of residents and the national payment system.

Amendments to the Law on the National Payment System will result in the use of Svit cards. Thus, the deadline for pensioners to switch to cards is 1 month of 2020 rubles. For the decision of public servants, military servicemen, government officials, etc. - 1 June 2018. The Zagalny transition begins on June 1, 2017. The issue and service of cards for pensioners will be cost-free.

You do not need to open your Mir card to withdraw payments for tax insurance (PDFO) or for one-time payments.

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

The Law on the Protection of the Rights of Residential Obligations ensures the possibility of paying for goods (work, services) using the alternative national payment instruments within the framework of the NSPK extends to the seller (Vikonovtsa), whose income from the sale of goods ів (job, service) exceeds 40 in the previous calendar year million rubles .

The subject may opt out of this obligation if services are not provided in the private territory mobile connection I have no access to the Internet. Another fault - the profit from the sale of goods becomes less than 5 million rubles. for the previous calendar year.

Federal law derives its authority from its official publication, in addition to other provisions to which a different term is given.

This is to ensure that state employees and pensioners can pay for goods and services with a “SWIT” card. It is clear that the terminals accept other cards (“MisterCard”, “Visa”).

In fact, from 1st month, mandatory payment by card will be introduced throughout the entire territory of the region. The blame was allocated for companies and individual entrepreneurs with revenues of up to 40 million per river.

Amendments to Article 16.1 of the Law on the Protection of Livestock

“The seller (vykonavets) demands to ensure the possibility of payment for goods (work, services) through the use of national payment instruments, as well as the expansion of the preparedness for choosing a partner.

The obligation to ensure the possibility of paying for goods (works, services) using different national payment instruments within the national payment card system extends to the seller (Viconovtsa), which proceeds from goods (works, services) ) forty million rubles are transferred over the previous calendar year.

When the place of payment for goods (work, services) is at the place where services are not provided with access to a broken radiotelephone connection and (or) collective access to the information and telecommunications network "Internet", the seller (vicon) is obliged to provide Who has the opportunity to pay for goods (work, services) using local national payment instruments.

The seller is obligated to ensure the possibility of paying for goods using local national payment instruments at the trading facility, the income from the sale of goods from which will be less than five million and rubles for the previous calendar year.”

"On introducing amendments to Article 16.1 of the Law of the Russian Federation "On the protection of the rights of residents" and the Federal Law "On the national payment system"

Comment

We would like to remind you that the Russian payment card "SVIT" was created within the framework of the national payment system as an alternative to international VISA and MasterCard cards.

The first "SVIT" cards were released around the end of 2015. on Narazi It is significant how many Russian banks issue these cards. Div. information on the website of the national payment system.

1. Since payment is subject to locality, there is no daily Internet connection and no access to a landline radiotelephone;
2. Since the revenue from goods through the trading facility for the previous calendar year was less than 5 million rubles.

This rule implies: if the organization has a number of trading facilities, then the proceeds from the products must be calculated based on each of them. It is necessary to install a terminal for those objects that do not exceed the specified revenue limit.

It is important to remember that a trade object is considered to be a product, a product, a product (their parts), equipped with equipment for displaying, demonstrating goods, servicing customers and carrying out distribution processes during the sale of goods ( clause 4 art. 2 Federal Law dated December 28, 2009 (381-FZ).

It is not entirely clear how, in practice, new conditions have been imposed on sellers (Viconavians), who not only sell goods, but also sell jobs and (or) provide services that accept transactions from a trading facility. For example:

1. The organization's main activity is in the service sector. Who sells related goods through a trading facility. Reception and sale of products are carried out in one facility. It is possible that, behind the calendar cards, the income from all types of activities will be more than 40 million rubles, and the proceeds directly from the sale of goods will be less than 5 million rubles. On the one hand, the organization of tasks is to ensure in such a trading facility the ability to accept buyers of the "SWIT" card, with the proceeds from business activities exceeding 40 million rubles. On the other hand, the organization falls under blame, since the income from the sale of goods becomes less than 5 million rubles;
2. organization and trade border. In the process of selling products, it accepts buyers' requests for a number of services (disposal, packaging, delivery of sold goods, etc.). Let’s say that the revenue from the sale of goods through other trading facilities was less than 5 million rubles. In general, according to the trading margin (with the settlement of payments for services), the amount of revenue is over 40 million rubles. In this situation, is it necessary to place terminals for accepting cards at all retail outlets?

It is important that for clarification in such situations one must go all the way to Russia to see.

At the moment, sellers (Viconavians) are also required to ensure that buyers are able to pay with a "SWIT" card. However, there are some entities whose income from entrepreneurial activities over the past calendar year exceeds 120 million rubles. clause 1 art. 16.1 Law RF dated 02/07/1992 No. 2300-1 “On the protection of the rights of cohabitants”, resolution to the Order of the Russian Federation dated 04/04/2016 No. 265).

It is significant that the penalties for failure to pay back the allocated funds have not changed. Subject to Art. 2.4 , Part 4 Art. 14.8 Code of Administrative Offenses of the Russian Federation :

• An individual entrepreneur or a private organization can be fined from 15,000 rubles to 30,000 rubles;
• organization - for amounts ranging from 30,000 rubles to 50,000 rubles.

There will be no sanctions for the presence of a terminal at a trading facility for servicing international payment cards (div. sheet Rosspozhivnaglyad dated 07/22/2015"About the clarification of legislation").

Do budgetary authorities need to issue “SWIT” salary cards for workers?

It is imperative that credit organizations will be required to insure payments to individuals for rakhunok budget costs Except for bank accounts, transactions involving any of them can be carried out using the "SWIT" card. Transition to this order of step-by-step payments. It begins on June 1, 2017 and may end until April 1, 2020.

However, not all kosts are insured on the SVIT card. This is the overflow of boundaries. Thus, with the amendments, the new procedure for insuring funds is expanded by ( pp. "z" clause 6 of Art. 2 Law No. 88-FZ):

• vineyards to the sovereign servicemen;
• salaries of civil servants of state and municipal bodies, institutions, budgetary funds;
• state scholarships;
• Today the morning of the courts.

We truly appreciate that Law No. 88-FZ prevents those that the Government of the Russian Federation, in agreement with the Central Bank of the Russian Federation, can expand the flow of such payments ( pp. "i" clause 6 of Art. 2 Law No. 88-FZ).

The table shows the types of payments from the budget and the boundary lines, until the moment when the bank (another credit institution) has a personal account, which must be serviced by the "SWIT" card, so that the bank has secured this account. and physical characteristics of cats ( pp. "V" , "e" , "z" clause 6 of Art. 2 Law No. 88-FZ).

This is more important for robot sellers in the public sector.

If the employer re-insurances the wages of workers (government services) for payments that are serviced by VISA and MasterCard payment cards, you may be able to extend this procedure until June 1, 2018. On the specified date, the workers are obliged to repay the wine city or pay wages in addition to the rakhunki to which the "SWIT" card is linked. Zokrem, for which you can agree with the bank, which is currently issuing such cards, about the centralized re-insurance of payments within the framework of the salary project.

Since the city or the wages (for the share of the budget) are paid to the workers (government officials), who first resorted to the bank account with the method of clawing back the assigned payments from the 1st month of 2017 (for example, This is the date a new student was accepted into the organization, who is not approved accounts at the bank), the employee should monitor the work so that the salary accounts of such employees are serviced by the credit institution for the additional "SWIT" cards.

It is significant that since the bank has a bank card to which the “SWIT” card is linked, it does not require a physical person to withdraw upcoming payments from the budget ( pp. "g" clause 6 of Art. 2 Law No. 88-FZ):

• penny sums from the link with the surcharge from the PDF;
• costs, what to insure for the accounts, which do not transfer this transaction with the use of payment cards;
• one-time payments or payments made periodically at least once per river;
• payment for medical expenses from a permanent place of residence outside the Russian Federation.

U the remaining days receive alarm calls and notifications email from the citizens who are involved in the work process, in the bodies of the Pension Fund of the Russian Federation and in banks for issuing the electronic payment card “Mir”. These representatives of these and other organizations must comply with the Constitution of the Russian Federation, the Labor Code of the Russian Federation and the remaining changes from the law.

On May 3, 2017, a new Federal Law was published in the “Russian Newspaper” on May 1, 2017. No. 88-FZ “On introducing amendments to Article 16.1 of the Law of the Russian Federation “On the Protection of the Rights of Residents” and the Federal Law “On the National Payment System.”

The document signed by the President of the Russian Federation V.V. was declared. According to the law, there is a progressive transfer of public sector workers and pensioners, including to cards of the National Payment Card System “Mir” (NSCP) to ensure the full independence of Russia from foreign payment systems.

From the 1st of June 2017, all banks will be obliged to ensure the ability to issue cards of the national payment system “Mir” to everyone who has purchased them. In this case, banks are subject to obligations to ensure that such operations for the additional “World” card are carried out throughout the entire territory of the Russian Federation in accordance with the terms adopted by law. About this specifically can be found in parts 5-5.3 Statti 2 of the new Federal Law.

In this case, the law reserves for the citizens of Russia the right to choose the method of receiving salaries and pensions. This is the law It does not oblige all citizens to issue bank payment cards “Mir”, and this provision is conveyed inclusively to citizens who may or may voluntarily use bank cards.

If a citizen wants to withdraw wages, pensions and other social and other payments from the budget of the Russian Federation in a manner that is not associated with a plastic card, they are required to give this Possibility. Picking up and using the electronic payment card “Mir” is absolutely voluntary!

“The provisions of parts 5-5.3 of this article are not expanded by withdrawal by clients - individuals of tax payments from taxes on the income of individuals, withdrawal of payments by clients - individuals to bank accounts, which do not transfer these transactions to subsidies other cards, withdrawal of payments by clients - individuals for additional payments (including through organizations postal bundle), collection by clients - individuals, which are defined according to regulatory legal acts one-time payments or payments that occur periodically, at least once a day..."

In addition, Article 16-1 of the Law of the Russian Federation “On the Protection of the Rights of Residents” has the following provision: “Seller ( Vikonavets) demands to ensure the possibility of payment for goods ( robot, service) way of vikoristana of national payment instruments, and also ready-made rozrakhunki to choose a companion".

Vikonavets, zokrema, є skin robot seller, body of the Pension Fund, bank and postal department, as goiters to the fullest extent of the population make payments in preparation.

So, the Primus of the masses to accept and use the electronic payment cards of the NSPK “Mir” is absolutely unacceptable.

Moreover, any giant who has previously removed the “World” card can be seen as vikoristan. Back in 2017, the chief executive officer of the Federal Antimonopoly Service of the Russian Federation (FAS) Igor Artem'ev stated: “FAS and the Central Bank of the Russian Federation agreed that as of 1 September 2018, public sector employees can expect their salaries to be charged to the “Svit” card, and wow the stink They can get their pennies just by cooking at the cashier.”

Pensioners today can apply between unprepared and ready payments. In the end, the money goes through the bank or post office, where there are no problems with payment.

More comprehensive provisions regarding the obligation to ensure payment of ready-made payments should be created for budgetary organizations, says Oleg Ivanov, vice-president of the Association of Russian Banks. “A lot of budgetary organizations have already given up on the creation of cash registers, cashiers have practically stopped working with cooking, - even though... - Now this robot will have a chance to update».

Here, of course, there is a lot to be found in the will and firmness of the citizens themselves, and not only on the basis of the signing by the President of the Russian Federation of the new Federal Law, but also the Basic Law of the state - the Constitution of the Russian Federation, as well as the Labor Code of the Russian Federation tsії.

Article 75 of the Constitution of the Russian Federation: 1. The penny unit of the Russian Federation is a ruble. The penny fund is operated exclusively by the Central Bank of the Russian Federation. The introduction of other coins into the Russian Federation is not allowed. 2. Protecting and ensuring the stability of the ruble is the main function of the Central Bank of the Russian Federation...”

“Payment of wages is carried out in penny form in the currency of the Russian Federation (in rubles).

In addition to a collective agreement or an employment contract, upon written request from the worker, payment for work may be provided in other forms that do not comply with the legislation of the Russian Federation.

The part of the salary that is paid in a non-penny form cannot exceed 20 hundred rubles of the calculated monthly salary...”

It’s impossible to remember once again that the swindle and swindle of electronic unprepared pennies are used for illegal activities.

Entirely lined and hardened: “This is counterfeiting on a particularly large scale... Why am I so unreconciled (not tolerant) in prioritizing pennies without preparation? For these simple reasons, it stinks of illegal means of payment and exchange. Simpler than they seem, fake pennies.

And who is engaged in issuing unprepared pennies (they are also called deposit money)? - Commercial banks, of which we have over 800 today ( nini – over 600, the article was written by Valentin Yuriyovich in 2015- Author). And in the same America (USA) - maybe 7 thousand. What laws determine the status and procedure for issuing unprepared pennies? - Zhodni. Their issue is known as “the position of ruling the field,” as lawyers would say. And such activity in our country, among the singing stakes, is called “living for understanding.”

Legal money(“legal payment methods”; an analogue of our term in Anglo-Saxon law - legal tender) are those orders issued by Central banks. The preparation of paper marks (banknotes) looks like they have different moisture contents, so they can swell reliable defender type of detail. In the good old days, banknotes of central banks were backed entirely or partly by their metal reserves (the gold standard). Unfortunately, there is no such thing today. These are just paper signs (they are called “fiat” pennies). Moreover, they are legal money, the status of which is enshrined in laws, and often in the constitutions of countries. And the axis of unprepared pennies is, in essence, illegal!”

We hope that the materials presented to readers will become for them an encouragement to fight for the preservation of the traditional and legal system of ready-made payments in our beloved Russia.

“Be careful not to bite you”(Matthew 24:4) – our Lord Jesus Christ Himself teaches us.

Valery Pavlovich Filimonov, Russian writer