Information from the Federal Tax Service for the Krasnoyarsk Territory for owners of payment terminals. Effective legal solutions

In the current year 2010, changes have been made to the legislation on payment acceptance activities individuals carried out by payment agents. According to the Federal Law of June 3, 2009 No. 103-F3 “On the activities of accepting payments from individuals carried out by payment agents,” after April 1, 2010, it is not allowed for payment agents to accept payments from individuals, as well as the use of payment terminals (PTs) or ATMs without the use of cash register equipment (CCT) and issue cash receipts, meeting certain requirements.
In this regard, payment agents are required to re-equip all payment terminals and ATMs to include cash register equipment in their equipment.

Currently in State Register CCP included:
1). Three models of CCP (software and hardware complex) that comply with the requirements of Law No. 103-F3:
- MSTAR-TUP-K
- Yarus-01K
- Yarus-02K
2). 21 CCP models ( fiscal registrars), which do not meet the requirements of Law No. 103-F3, but which can be used as part of the PT:

Azimuth-Epson TM-U950 RK version 02
- Prim-07K version 02
- Prim-08TK version 02
- Prim-09TK version 01
- Prim-21K version 01,02,03
- Prim-botk version 01
- Prim-88TK version 01
- Bar-kiosk-FR-K
- Stroke-mini-FR-K version 01
- Shtrikh-M-FR-K
- Shtrikh-FR-K version 01
- Stroke-Light-FR-K
- Elwes-FR-K version 01
- BIXOLON-01K
- FPrint-02K
- FPrint-OZK
- FPrint-88K
- FPrint-5200K
- PayCTS-2000K
- PayPPU-700K
- PayVKP-80K
Amendments have been made to Article 8 of Law No. 103-F3, according to which a cash register that does not comply with the requirements of Law No. 103-F3 can also be used when accepting payments before 01/01/2014, subject to its registration by payment agents with the tax authorities before 01/01/2011.

Reception by the payment agent from the payer Money must be confirmed by the issuance at the time of payment of a cash receipt confirming the execution of the relevant payment. Special requirements to a cash receipt are defined in Article 5 Federal Law No. 103-F3 and contain the mandatory details specified in paragraph 2 of Article 5 of the above law. All details printed on cash receipt, must be clear and easy to read for at least 6 months. Also, a cash receipt may contain other details in cases where this is provided for by the agreement specified in Article 4 of Federal Law No. 103-F3.

According to paragraph 2 of Article 5 of Law No. 54-FZ, organizations (except for credit institutions) and individual entrepreneurs using payment terminal or ATM, must:

Provide during registration, re-registration and deregistration of cash register equipment with tax authorities and replacement of fiscal memory drives tax authorities passport of cash register equipment and information registered in the fiscal memory of cash register equipment;
- ensure the maintenance and storage of documentation related to the acquisition, registration, re-registration and deregistration with the tax authority, commissioning, serviceability checks, repairs, technical maintenance, replacement of software and hardware, decommissioning of cash register equipment, registration progress cash register equipment information about payments, as well as provide officials tax authorities carrying out an audit in accordance with paragraph 1 of Article 7 of Law No. 54-FZ, unhindered access to the relevant cash register equipment and documentation.

A special feature of registering a cash register that is part of a payment terminal (ATM) is precise definition installation location of the CCP, the concept of which includes detailed description location of a specific terminal (ATM) with the possibility of its identification, while registration of cash registers must be carried out with the obligatory exit (visit) of a tax authority specialist to the installation site of this terminal(ATM), which will require additional time for registration.

For performance state function for registration and control over the use of cash registers, the representative of the tax authority participating in the registration of cash registers at the installation site of the PT must have an access scheme and a password to access the menu tax inspector.
But, taking into account the short period of time established by law, registration of a cash register on the territory of the tax authority is possible only in cases where the user (paying agent) who applied for registration of a built-in cash register, standard application on registration of a cash register and the materials attached to the application contain information that allows identifying the PT, namely:

1. Detailed location and access scheme to the PT,
2. PT number or its unique number registration number in the payment network
user, printed PT on a cash register receipt in accordance with clause 3 of Art. 6 of Law No. 103-FZ,
3. A check (document) with details printed by PT before embedding the cash register (in case the cash register does not comply with the requirements of Law No. 103-FZ and does not provide printing mandatory details, provided for in Art. 5 of Law No. 103-FZ),
4. Instructions for the tax inspector on monitoring the use of cash register systems in PT, including:

A detailed description of the procedure for the actions of a tax inspector when carrying out indirect operational control(without involving representatives of the user and the control center and without opening the PT housing) for the use of a built-in CCP,
- password for accessing the tax inspector menu, set on the PT.

CENTRAL BANK
RUSSIAN FEDERATION
(Bank of Russia)

Regulatory Department
and calculations

To the President of the Association
Russian banks
G.A. Tosunyanu

From 01.11.2011 No. 14-27/597
on No. A-02/5-746 dated 10/03/2011

Dear Garegin Ashotovich!

The Department for Regulation of Settlements has considered your letter dated October 3, 2011 No. A-02/5-746 regarding issues of application separate standards Federal Law dated June 27, 2011 No. 161-FZ “On National payment system"(hereinafter referred to as the Law on NPS) and the Federal Law of June 27, 2011 No. 162-FZ "On Amendments to Certain legislative acts Russian Federation in connection with the adoption of the Federal Law “On the National Payment System” (hereinafter referred to as the Law on Amendments), and reports the following.

Federal Law No. 103-F3 does not grant the Bank of Russia the right official interpretation its provisions, however, we consider it possible to speak out on the issues specified in your letter.

In accordance with Part 21 of Article 4 of the Federal Law of June 3, 2009 No. 103-F3 “On activities for accepting payments from individuals carried out by payment agents” (hereinafter referred to as Federal Law No. 103-F3), credit organizations do not have the right to act as operators for accepting payments or payment subagents, as well as enter into agreements on the implementation of activities for accepting payments from individuals with suppliers or payment acceptance operators.

Taking into account the above, and also taking into account that within the framework of the scheme given in your letter (Scheme No. 1, Appendix 1), settlement and information centers (hereinafter - RIC) distribute among suppliers funds received from the population in payment for housing public utilities, RICs can perform the functions of an operator for accepting payments, whose activities are regulated by Federal Law No. 103-F3.

Thus, in cases where the RIC is an operator for accepting payments under agreements concluded with suppliers on accepting payments from individuals, the RIC does not have the right to receive funds from credit institutions acting as payment subagents, and agreements concluded by the RIC with credit institutions are subject to termination in accordance with the provisions of Part 21 of Article 4 of Federal Law No. 103-F3.

In relation to schemes in which a credit institution transfers funds received from individuals directly to a supplier or non-bank credit institution carrying out subsequent calculations with the supplier (schemes No. 2 and No. 3, Appendix 1), we note that these schemes do not contradict the requirements of the Law on NPS, since they were implemented taking into account the requirements of Part 1 of Article 4 of the Law on NPS.

Regarding the issue regarding the issuance by a credit institution of a payment order for total amount When making transfers of funds accepted from individuals, we note that in accordance with the norms of clause 1.2.3. Chapter 1 of Bank of Russia Regulation No. 222-P dated April 1, 2003 “On the procedure for making non-cash payments by individuals in the Russian Federation” when transferring funds received from individuals to one recipient payment order can be filled out by the bank sending the payment for the total amount with the subsequent transfer of documents filled out by individuals in accordance with the terms of the agreement providing for the obligation of the bank sending the payment to send documents to the payee.

Regarding the collection by the money transfer operator commission for the transfer of funds, we note that the NPS Law does not contain provisions limiting the possibility of charging the specified commission from the recipient of funds or the money transfer operator servicing the recipient. These issues can be resolved within the framework of concluding relevant agreements (Part 12 of Article 5 of the Law on NPS).

Regarding the issue regarding the application of the provisions of the Bank of Russia Information dated 08/12/2011 when transferring funds from bank accounts clients for whom transactions are carried out using bank cards(hereinafter referred to as transfers from bank card accounts), we note that the specified information message provides for the need to comply with the norms of Federal Law No. 103-F3, which regulates the activities of payment agents when accepting cash from individuals, and, accordingly, contained in this information message the recommendations do not apply to transfers from bank card accounts.

Federal Law “On Central Bank Russian Federation (Bank of Russia)” does not include within the competence of the Bank of Russia the assessment of the compliance of the terms and conditions concluded between legal entities civil contracts legislation of the Russian Federation.

At the same time, we note that Articles 4, 5 and 6 of the Law on NPS provide for the possibility of carrying out transactions for the transfer of funds on the basis of relevant agreements, recommendations for the conclusion of which are contained in the Letter of the Bank of Russia dated 07.07.2011 No. 99-T “On the requirements of the legislation of the Russian Federation”. Federation on the national payment system" and Information from the Bank of Russia dated August 12, 2011, posted on the official website of the Bank of Russia on the Internet.

Director of the Department

E.G. Mezheninova

Article 1. Relations regulated by this Federal Law

1. This Federal Law regulates the relations that arise when carrying out the activities of receiving by the payment agent from the payer funds aimed at fulfilling monetary obligations of an individual before the supplier for payment for goods (work, services), as well as those sent to authorities state power, organs local government and budgetary institutions under their jurisdiction, within the framework of their performance of functions established by the legislation of the Russian Federation.

2. The provisions of this Federal Law do not apply to relations related to settlement activities:

1) carried out by legal entities and individual entrepreneurs when selling goods (performing work, providing services) directly with individuals, with the exception of settlements related to the collection by the paying agent of the payer of remuneration provided for by this Federal Law;

2) between legal entities and (or) individual entrepreneurs when they carry out entrepreneurial activity, and (or) persons engaged in private practice and who are not individual entrepreneurs, which is not related to the performance of the functions of paying agents;

3) in favor of foreign legal entities;

4) carried out by bank transfer;

5) carried out in accordance with the legislation on banks and banking.

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:

1) supplier - a legal entity, with the exception of a credit organization, or an individual entrepreneur who receives the payer’s funds for goods sold (work performed, services provided) in accordance with this Federal Law, as well as a legal entity or individual entrepreneur who pays rent for housing premises and utilities in accordance with Housing Code of the Russian Federation, as well as state authorities and local governments, budgetary institutions, under their jurisdiction, receiving the payer’s funds as part of their performance of functions established by the legislation of the Russian Federation;

2) payer - an individual who contributes funds to the paying agent in order to fulfill the monetary obligations of the individual to the supplier;

3) payment agent - a legal entity or individual entrepreneur engaged in accepting payments from individuals. The payment agent is the payment acceptance operator or the payment subagent;

4) payment acceptance operator - payment agent - a legal entity that has entered into an agreement with the supplier to carry out activities for accepting payments from individuals;

5) payment subagent - payment agent - a legal entity or individual entrepreneur who has entered into an agreement with the payment acceptance operator to carry out activities to accept payments from individuals;

6) payment terminal - a device for the payment agent to accept funds from the payer, operating in automatic mode without participation authorized person payment agent.

Article 3. Activities for accepting payments from individuals

1. For the purposes of this Federal Law, the activity of accepting payments from individuals (hereinafter referred to as accepting payments) is the acceptance by a payment agent from the payer of funds aimed at fulfilling monetary obligations to the supplier for payment for goods (works, services), including payment of fees for residential premises and utilities in accordance with the Housing Code of the Russian Federation, as well as subsequent settlements with the supplier by the paying agent.

2. Payment agent when accepting payments, it has the right to charge the payer a remuneration in the amount determined by the agreement between the paying agent and the payer (hereinafter referred to as the remuneration).

3. The monetary obligation of an individual to the supplier is considered fulfilled in the amount of funds contributed to the paying agent, with the exception of remuneration, from the moment of their transfer to the paying agent.

Article 4. Conditions for accepting payments

1. To accept payments, the payment acceptance operator must conclude an agreement with the supplier on the implementation of activities for accepting payments from individuals, under the terms of which the payment acceptance operator has the right, on its own behalf or on behalf of the supplier and at the expense of the supplier, to accept funds from payers for the purpose of fulfillment of the monetary obligations of an individual to the supplier, and is also obliged to carry out subsequent settlements with the supplier in the manner established by the specified agreement and in accordance with the legislation of the Russian Federation, including requirements for spending cash received at the cash desk legal entity or cash desk individual entrepreneur.

2. The supplier has the right to conclude an agreement with the payment acceptance operator on the implementation of activities for accepting payments from individuals, specified in part 1 of this article, unless otherwise established by the legislation of the Russian Federation. The Government of the Russian Federation has the right to establish a list of goods (works, services) in payment for which the payment agent does not have the right to accept payments from individuals.

3. The supplier must provide, at the payer’s request, information about the payment agents accepting payments in his favor, as well as the places where payments are accepted.

4. The fulfillment of the operator’s obligations to accept payments to the supplier for the implementation of the corresponding settlements must be ensured by a penalty, a pledge, retention of the debtor’s property, a guarantee, bank guarantee, deposit, risk insurance civil liability for failure to fulfill the obligation to make settlements with the supplier or in other ways, provided for by the agreement on the implementation of activities for accepting payments from individuals.

5. The payment acceptance operator has the right to accept payments after its registration authorized body in order, established by law on combating legalization (laundering) of income received criminally, and terrorist financing, and harmonization of rules internal control in the order listed.

6. An operator for accepting payments in accordance with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism in terms of identifying the individual making the payment, in established cases must identify the individual making the payment.

7. The payment acceptance operator has the right to attract other persons - payment subagents to accept payments, if such a right is provided for in the agreement concluded with the supplier on the activities of accepting payments from individuals. The payment subagent does not have the right to involve other persons to accept payments.

8. The payment subagent accepts payments on its own behalf or on behalf of the payment acceptance operator, and if this is stipulated in the agreement on the activities of accepting payments from individuals, concluded by the payment acceptance operator with the supplier, on behalf of the supplier and in in accordance with the requirements of Article 1009 Civil Code Russian Federation.

9. To accept payments, the payment subagent must enter into an agreement with the payment acceptance operator to carry out activities for accepting payments from individuals, under the terms of which the payment subagent has the right on its own behalf, on behalf of the payment acceptance operator or on behalf of the supplier and at the expense of the supplier, operator for accepting payments, accept funds from payers in accordance with the terms of the agreement, provided for by part 1 of this article, and is also obliged to carry out subsequent settlements with the operator for accepting payments in accordance with the legislation of the Russian Federation, including requirements for maximum size cash settlements and spending cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur.

10. The payment subagent does not have the right to accept payments that require identification of the individual making the payment in accordance with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.

11. When accepting payments, the payment agent must have relevant agreement on the implementation of activities for accepting payments from individuals, provided for in this article. Activities of a legal entity or individual entrepreneur in accepting funds from an individual without a conclusion the said agreement, which meets the requirements of this Federal Law, or an agreement on the implementation of activities for accepting payments from individuals, provided for by the Federal Law “On Banks and Banking Activities”, is prohibited.

12. When accepting payments, the payment agent must use cash register equipment with fiscal memory and control tape, as well as comply with the requirements of the legislation of the Russian Federation on the use of cash register equipment when making cash payments.

13. When accepting payments, the payment agent is obliged to ensure that payers are provided with the following information:

1) addresses of the place where payments are accepted;

2) the name and location of the payment acceptance operator and the payment subagent in the case of payment acceptance by the payment subagent, as well as their identification numbers taxpayer;

3) name of the supplier;

4) details of the agreement on the activities of accepting payments from individuals between the payment acceptance operator and the supplier, as well as details of the agreement on the activities of accepting payments from individuals between the payment acceptance operator and the payment subagent in the case of acceptance of the payment by the payment subagent;

5) the amount of remuneration paid by the payer to the payment acceptance operator and the payment subagent in the case of acceptance of the payment by the payment subagent, in the case of charging a remuneration;

6) methods of filing claims;

7) contact telephone numbers of the supplier and payment acceptance operator, as well as the payment subagent in the case of payment acceptance by the payment subagent;

8) addresses and contact telephone numbers of federal bodies executive power, authorized by the Government of the Russian Federation to conduct state control(supervision) over the acceptance of payments.

14. When accepting payments, the payment agent is obliged to use a separate bank account (accounts) for making payments.

15. The paying agent is obliged to submit to credit institution cash received from payers when accepting payments for crediting to in full to your separate bank account(s).

Article 5. Special requirements for a cash receipt issued by a paying agent to the payer

1. The payment agent’s acceptance of funds from the payer must be confirmed by the issuance at the time of payment of a cash receipt confirming the execution of the corresponding payment.

2. The cash receipt issued by the paying agent to the payer and confirming the execution of the corresponding payment must comply with the requirements of the legislation of the Russian Federation on the use of cash register equipment when making cash payments, and also contain the following mandatory details:

1) name of the document - cash receipt;

2) name of the paid goods (works, services);

3) the total amount of funds received;

4) the amount of remuneration paid by the payer, if collected;

5) date, time of receipt of funds, numbers of cash receipt and cash register equipment;

6) address of the place where funds are received;

7) the name and location of the paying agent who accepted the funds and his taxpayer identification number;

8) contact telephone numbers of the supplier and payment acceptance operator, as well as the payment subagent in the case of payment acceptance by the payment subagent.

3. All details printed on the cash receipt must be clear and easy to read for at least six months.

4. A cash receipt issued by a paying agent to the payer and confirming the execution of the corresponding payment may also contain other details in cases where this is provided for by the agreement specified in Article 4 of this Federal Law.

Article 6. Requirements for automatic devices for accepting payments from individuals

1. Payment agents have the right to use payment terminals when accepting payments. The payment terminal used by the payment agent when accepting payments must contain cash register equipment and automatically provide:

1) providing payers with the information provided for in Article 4 of this Federal Law;

2) receiving information from payers about the name of the supplier, about the name of the product (work, service) for which the individual’s monetary obligations to the supplier are fulfilled, about the amount of money contributed to the paying agent, as well as other information, if this is provided for in the agreement on carrying out activities to accept payments from individuals;

3) acceptance of funds contributed by payers;

4) printing cash receipts and issuing them to payers after receiving the deposited funds.

2. Payment terminals used by payment agents when accepting payments may also automatically provide other information and perform other functions, unless otherwise established by the legislation of the Russian Federation.

3. The payment terminal used by the payment agent must ensure that its number and details provided for in Article 5 of this Federal Law are printed on the cash register receipt in an uncorrectable form that ensures the identity of the information registered on the cash register receipt, control tape and in the fiscal memory of cash register equipment.

4. Cash register equipment included in the payment terminal must comply with the requirements of the legislation of the Russian Federation on the use of cash register equipment when making cash payments.

5. If the address of the installation site of the payment terminal changes, the payment agent is obliged to send a corresponding notification to the tax authority on the day of such change indicating the new address of the installation site of the cash register equipment included in the payment terminal.

6. The use of other devices that are not payment terminals for accepting payments from individuals without the participation of an authorized person of the payment agent is not allowed.

7. The payment acceptance operator does not have the right to accept payments that require, in accordance with the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, identification of the individual making the payment, without the participation of his authorized person, and also use payment terminals accept such payments.

Article 7. Monitoring compliance with the requirements provided for by this Federal Law

1. Control over compliance with the requirements provided for by this Federal Law is carried out in the manner established by the legislation of the Russian Federation, by federal executive authorities authorized by the Government of the Russian Federation to conduct state control (supervision) over the acceptance of payments.

2. The payment acceptance operator is obliged to monitor compliance by the payment subagent, with whom it has entered into an agreement on the activities of accepting payments from individuals, with the requirements of this Federal Law.

3. Failure by a payment acceptance operator to comply with the requirements of this Federal Law is grounds for termination by the supplier of an agreement with such payment acceptance operator to carry out activities for accepting payments from individuals. Failure of a payment subagent to comply with the requirements of this Federal Law is grounds for termination by the payment acceptance operator of an agreement with such a payment subagent on the activities of accepting payments from individuals.

Article 8. Final provisions

After January 1, 2010, accepting payments without using cash register equipment and issuing cash receipts that meet the requirements of this Federal Law is not permitted.

Article 9. Entry into force of this Federal Law

The president
Russian Federation
D.MEDVEDEV

1. To accept payments, the payment acceptance operator must conclude an agreement with the supplier on the implementation of activities for accepting payments from individuals, under the terms of which the payment acceptance operator has the right, on its own behalf or on behalf of the supplier and at the expense of the supplier, to accept funds from payers for the purpose of fulfillment of the monetary obligations of an individual to the supplier, and is also obliged to carry out subsequent settlements with the supplier in the manner established by the specified agreement and in accordance with the legislation of the Russian Federation, including requirements for spending cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur.

2. The supplier has the right to conclude an agreement with the payment acceptance operator on the implementation of activities for accepting payments from individuals, specified in Part 1 of this article, unless otherwise established by the legislation of the Russian Federation. The Government of the Russian Federation has the right to establish a list of goods (works, services) in payment for which the payment agent does not have the right to accept payments from individuals.

2.1. The payment agent has no right to accept funds in favor of credit institutions.

3. The supplier is obliged to provide, at the request of the payer, information about payment agents accepting payments in his favor, about places of acceptance of payments, and is also obliged to provide the tax authorities, upon their requests, with a list of payment agents accepting payments in his favor, and information about places of acceptance payments.

4. The fulfillment of the operator’s obligations to accept payments to the supplier for the implementation of the relevant settlements must be ensured by a penalty, a pledge, retention of the debtor’s property, a surety, a bank guarantee, a deposit, insurance against the risk of civil liability for failure to fulfill the obligation to make settlements with the supplier or other methods provided for in the agreement on carrying out activities to accept payments from individuals.

5. The payment acceptance operator has the right to accept payments after its registration by the authorized body in the manner established by law

(see text in previous edition)

6. The operator for accepting payments in accordance with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism in terms of identifying the individual making the payment, in established cases, must identify the individual making the payment.

7. The payment acceptance operator has the right to attract other persons - payment subagents to accept payments, if such a right is provided for in the agreement concluded with the supplier on the activities of accepting payments from individuals. With such involvement, the corresponding powers of the paying subagent do not require notarization. The payment subagent does not have the right to involve other persons to accept payments.

(see text in the previous edition)

8. The payment subagent accepts payments on its own behalf or on behalf of the payment acceptance operator, and if this is stipulated in the agreement on the activities of accepting payments from individuals, concluded by the payment acceptance operator with the supplier, on behalf of the supplier and in in accordance with the requirements of Article 1009 of the Civil Code of the Russian Federation.

9. To accept payments, the payment subagent must enter into an agreement with the payment acceptance operator to carry out activities for accepting payments from individuals, under the terms of which the payment subagent has the right on its own behalf, on behalf of the payment acceptance operator or on behalf of the supplier and at the expense of the supplier, operator for accepting payments, accept funds from payers in accordance with the terms of the agreement provided for in Part 1 of this article, and is also obliged to carry out subsequent settlements with the operator for accepting payments in accordance with the legislation of the Russian Federation, including requirements for the maximum amount of settlements in cash and spending cash money received by the cash desk of a legal entity or the cash desk of an individual entrepreneur.

10. The payment subagent does not have the right to accept payments that require identification of the individual making the payment in accordance with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.

11. When accepting payments, the payment agent must have an appropriate agreement on the implementation of activities for accepting payments from individuals, provided for in this article. The activities of a legal entity or individual entrepreneur in accepting funds from an individual without concluding the specified agreement that meets the requirements of this Federal Law, or an agreement on the implementation of activities for accepting payments from individuals, provided for by the Federal Law "On Banks and Banking Activities", is prohibited.

11.1. The supplier does not have the right to enter into an agreement with the payment acceptance operator, and the payment acceptance operator does not have the right to enter into an agreement with the payment subagent on the activities of accepting payments from individuals, specified in Part 1 of this article, if the payment acceptance operator or payment subagent carries out cash cash settlements without the use of cash register equipment.

12. When accepting payments, the payment agent is obliged to use cash register equipment in accordance with the legislation of the Russian Federation on the use of cash register equipment.

(see text in the previous edition)

13. When accepting payments, the payment agent is obliged to ensure that payers are provided with the following information at each payment acceptance location:

1) addresses of the place where payments are accepted;

2) the names and location of the payment acceptance operator and the payment subagent in the case of payment acceptance by the payment subagent, as well as their taxpayer identification numbers;

3) name of the supplier;

4) details of the agreement on the activities of accepting payments from individuals between the payment acceptance operator and the supplier, as well as details of the agreement on the activities of accepting payments from individuals between the payment acceptance operator and the payment subagent in the case of acceptance of the payment by the payment subagent;

5) the amount of remuneration paid by the payer to the payment acceptance operator and the payment subagent in the case of acceptance of the payment by the payment subagent, in the case of charging a remuneration;

6) methods of filing claims;

7) contact telephone numbers of the supplier and payment acceptance operator, as well as the payment subagent in the case of payment acceptance by the payment subagent;

8) addresses and contact telephone numbers of federal executive authorities authorized by the Government of the Russian Federation to conduct state control (supervision) over the acceptance of payments.

14. When accepting payments, the payment agent is obliged to use a special bank account (accounts) to make payments.

1) separately contained:

Men and women;

Minors and adults; V exceptional cases with the consent of the prosecutor, in the cells where minors are kept, it is allowed to hold positively characterized adults who are for the first time attracted to criminal liability for crimes of minor and medium gravity;

Persons brought to criminal responsibility for the first time and persons previously held in prison;

Suspects and accused, as well as convicted persons, whose sentences have entered into legal force;

Suspects and defendants in one criminal case;

2) the following are kept separately from other suspects and accused:

Suspects and accused of committing crimes against the fundamentals constitutional order and state security and crimes against the peace and security of mankind;

Suspects and accused of committing the following crimes under the Criminal Code of the Russian Federation: murder; murder of a newborn child by a mother; intentional causing grievous harm health; HIV infection; kidnapping; rape; violent acts sexual in nature; trafficking of minors; robbery; robbery; extortion committed under aggravating circumstances; terrorism; hostage taking; organization of an illegal armed group; banditry; organization criminal community (criminal organization); piracy; an attempt on the life of a person administering justice or preliminary investigation; assault on the life of a law enforcement officer; disorganization normal activities institutions providing isolation from society;

Suspects and accused persons with particularly dangerous recidivism of crimes;

Those sentenced to death;

The paragraph is no longer valid. - Federal Law of 02/05/2007 N 9-FZ;

Persons who are or were judges, lawyers, employees law enforcement, tax office, customs authorities, services bailiffs, institutions and bodies of the penal system, military personnel internal troops federal body executive power, which carries out the functions of developing and implementing public policy and legal regulation in the field of internal affairs, military personnel and military personnel national guard Russian Federation;

By decision of the administration of the place of detention or by written decision persons or bodies in charge of a criminal case, suspects and accused, whose life and health are in danger from other suspects and accused;

Sick infectious diseases or those in need of special medical care and observation.

Judicial practice under Article 33 of the Federal Law of July 15, 1995 No. 103-FZ

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Decision No. 2-1092/2018 2-1092/2018~M-886/2018 M-886/2018 dated July 30, 2018 in case No. 2-1092/2018

Volokolamsk City Court (Moscow region) - Civil and administrative

From DD.MM.YYYY to DD.MM.YYYY the plaintiff was kept in cells No. with an area of ​​13.36 sq.m., No. with an area of ​​31.5 sq.m., No. with an area of ​​40, 33 sq.m., No. with an area of ​​31 ,6 sq.m. During the period of detention of Anoshka A.V. in the indicated cells from DD.MM.YYYY to DD.MM.YYYY, sanitary standards were observed...

Decision No. 2-884/2018 2-884/2018~M-670/2018 M-670/2018 dated July 25, 2018 in case No. 2-884/2018

Frunzensky District Court of Vladimir ( Vladimir region) - Civil and administrative

Acting on the basis of powers of attorney... (in the order of sub-authorization of case ld. 107) asked to dismiss the claim. She indicated that while keeping Kogtev A.V. The institution complied with the provisions of Article 33 of the Federal Law of July 15, 1995 No. 103-FZ “On the detention of suspects and accused of committing crimes.” Complaints about the content from Kogtev A.V. didn't arrive...

Decision No. 2-1914/2018 2-1914/2018~M-1639/2018 M-1639/2018 dated July 25, 2018 in case No. 2-1914/2018

Sovetsky District Court of Samara (Samara Region) - Civil and administrative

Prisoners government contract, delivery of products through the central database of the Federal Penitentiary Service of Russia for Samara region(copy of the contract and delivery notes are attached). Placement in cells is carried out in accordance with Art.