Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? Not. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is inherent in most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unattainable object for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Internal observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Outside observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

The full text of Art. 857 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 857 of the Civil Code of the Russian Federation.

1. The bank guarantees the secrecy of the bank account and bank deposit, account transactions and customer information.
2. Information constituting bank secrecy can be provided only by the clients themselves or their representatives, as well as submitted to the bureau credit histories on the grounds and in the manner prescribed by law. State bodies and their officials may be provided with such information only in the cases and in the manner prescribed by law.
3. In case of disclosure by the bank of information constituting a banking secret, the client, whose rights have been violated, shall have the right to demand compensation from the bank for the losses caused.

Commentary on Article 857 of the Civil Code of the Russian Federation

1. Clause 1 of the commented article defines the guarantee of the secrecy of the bank account and bank deposit, account transactions and customer information. This norm corresponds to Art. 26 ФЗ dated 02.12.90 N 395-1 "On banks and banking", fixing the composition of information included in the concept of banking secrecy, a list of subjects entitled to receive information containing banking secrecy.

2. Clause 2 of the commented article is devoted to the regulation of the provision of information constituting bank secrecy. Such information can be provided by the bank only to the clients themselves or their representatives, as well as presented to the credit history bureaus on the basis and in the manner provided for in Art. 5 ФЗ dated 30.12.2004 N 218-ФЗ "On credit histories".

Cases and procedure for providing government bodies and their officials, information about the bank account and bank deposit, account transactions and information about the client himself are currently regulated by federal laws (see, for example, Articles 25, 30 of the Federal Law of 05.04.2013 N 41-FZ "On the Accounts Chamber Russian Federation", Article 9 of the Federal Law of 07.08.2001 N 115-FZ" On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism ").

In cases where, as a result of improper performance of its duties, the bank has disclosed information constituting a banking secret, the client whose rights have been violated has the right to demand compensation from the bank for damages.

It should be borne in mind that, unlike the Civil Code of the Russian Federation, the Federal Law of 02.12.90 N 395-1 "On Banks and Banking Activities" contains Art. 26, which establishes a different approach to determining the range of obligated entities and stricter measures of liability for disclosing bank secrets.

3. Applicable law:
- ФЗ dated 02.12.90 N 395-1 "On banks and banking activities";
- FZ dated 05.04.2013 N 41-FZ "On the Accounts Chamber of the Russian Federation";
- Federal Law of 07.08.2001 N 115-FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism";
- ФЗ dated 30.12.2004 N 218-ФЗ "On credit histories".

4. Judicial practice:
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 19.04.99 N 5;
- definition The Constitutional Court RF dated 25.01.2007 N 102-O-O;
- Resolution of the Ninth Arbitration Court of Appeal dated December 21, 2012 N 09AP-36116/12;
- Resolution of the Federal Antimonopoly Service of the East Siberian District of March 17, 2014 N F02-419 / 14 in case N A19-790 / 2013;
- Resolution of the Federal Antimonopoly Service of the Ural District of 09/16/2013 N F09-9552 / 13 in case N A47-13986 / 2012;
- Resolution of the Fifteenth Arbitration Court of Appeal dated August 31, 2013 N 15AP-9141/13;
- Resolution of the Eighteenth Arbitration Court of Appeal dated May 28, 2013 N 18AP-3864/13.

Consultations and comments of lawyers under Article 857 of the Civil Code of the Russian Federation

If you still have questions about Article 857 of the Civil Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

New edition of Art. 857 of the Civil Code of the Russian Federation

1. The bank guarantees the secrecy of the bank account and bank deposit, account transactions and customer information.

2. Information constituting banking secrecy may be provided only to the clients themselves or their representatives, as well as submitted to the credit history bureau on the grounds and in the manner prescribed by law. State bodies and their officials, as well as other persons, may be provided with such information only in the cases and in the manner prescribed by law.

3. In case of disclosure by the bank of information constituting a banking secret, the client, whose rights have been violated, shall have the right to demand compensation from the bank for the losses caused.

Commentary on Art. 857 of the Civil Code of the Russian Federation

Information constituting a banking secret does not relate to the commercial or official information of the bank (Article 139 of the Civil Code of the Russian Federation). This information is exclusively about the bank's clients. This information is provided only to the relevant organizations and officials on the basis of laws.

Special law.

In particular, such as Federal Law of December 30, 2004 N 218-FZ "On Credit Histories", Federal Law of December 02, 1990 N 395-1 "On Banks and Banking Activities".

Another commentary on Art. 857 of the Civil Code of the Russian Federation

1. The term "bank secrecy" should be understood as a special legal regime information about customers and their operations, determined by law, which became known to the bank by virtue of its banking activities. This legal regime obliges the bank not to disclose information received by it, and also determines the procedure and conditions for the provision of this information by the bank to third parties without the consent of its customers.

2. The obligation to keep banking secrecy is imposed on the bank or non-bank credit institution as one of the conditions of the bank account agreement provided for by law (). However, the range of subjects obliged to ensure compliance with the legal regime for the protection of information, called banking secrecy, is much wider. Art. 26 of the Banking Law imposed such an obligation on credit, audit organizations, Bank of Russia, an organization performing functions of compulsory insurance deposits and the Financial Monitoring Committee, authorized to carry out measures to counter the legalization (laundering) of proceeds from crime (authorized body). Art. 7 and 17 of the Federal Law of December 30, 2004 N 218-FZ "On Credit Histories" (SZ RF. 2005. N 1 (Part 1). Art. 44) imposed the obligation to keep bank secrets on the credit bureau and the authorized body, respectively carrying out state control and oversight of the credit bureaus.

3. Credit organizations guarantee the secrecy of information about accounts and deposits, transactions on accounts and deposits, information about their clients (clause 1 of Art. 857 of the Civil Code of the Russian Federation) and correspondents, as well as other information established credit institution, if this does not contradict federal law (Article 26 of the Banking Law).

Thus, the obligation to keep banking secrecy for a bank is of a contractual nature, and the object of its protection is information about the client's identity, his operations and the state of the account. Consequently, the credit institution is not obliged to keep confidential information about the counterparties of its clients, as well as other information that is not directly related to bank account(except for information about the client), if she has not assumed additional obligations. The list of account transactions subject to bank secrecy is determined on the basis of Art. 848 Civil Code, special legislation and contracts. The secret also extends to the movement of deposits (the size, time and amount of receipt or withdrawal, from whom and on what grounds the amounts are received, etc.). Information constituting banking secrecy must be obtained by the credit institution in the process of exercising banking services your client.

Federal legislation (Article 26 of the Banking Law) does not contain any limits for extending the legal regime of banking secrecy to other information. At the same time, it seems that banking secrecy should not apply to the information specified in Article 5 of the Federal Law of July 29, 2004 N 98-FZ "On Commercial Secrets". Requirements of the specified normative act should also be considered when determining the amount of information included in the concept of "customer and correspondent information". This can include any data about legal, social, family, etc. position of the client, other than those listed in the said Law. For example, information about the presence of a minor child, for whose maintenance he regularly transfers money, should be included in the concept of banking secrecy.

4. In addition to the information specified in clause 3 of the commentary to this article, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, is not entitled to disclose information about accounts, deposits, as well as information about specific transactions and operations from the reports of credit institutions, received by him as a result of the performance of licensing, supervisory and control functions, with the exception of cases provided for by federal laws. Credit bureaus can provide the specified information only in the amount and in the manner established by the Federal Law "On Credit Histories" (Article 7).

Auditing organizations are not entitled to disclose to third parties information about operations, accounts and deposits of credit institutions, their clients and correspondents, obtained in the course of their inspections, except for cases provided for by federal laws.

The authorized body that carries out measures to counter the legalization (laundering) of proceeds from crime is not entitled to disclose information received from credit institutions to third parties in accordance with Federal Law No. 115-FZ of August 7, 2001 "On Combating Legalization (Laundering ) proceeds from crime "(hereinafter - the Law on Combating Money Laundering). In accordance with Art. 8 of the said Law, the employees of the authorized body, when executing the specified Law, ensure the safety of information that has become known to them, related to the activities of the authorized body, constituting bank secrets, and are responsible for the disclosure of this information established by the legislation of the Russian Federation.

An organization performing the functions of compulsory deposit insurance is not entitled to disclose to third parties information received in accordance with the Federal Law on Deposit Insurance individuals in the banks of the Russian Federation. In accordance with Art. 31 and 32 of the Federal Law of December 23, 2003 N 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation" The Deposit Insurance Agency may receive information constituting banking secrecy, both directly from banks and as a result of the participation of the Agency's employees in inspections of credit institutions carried out by the Bank of Russia.

5. The limits of disclosing banking secrets (the procedure and conditions for providing this information) without the consent of the account holders are determined by law.

In accordance with Art. 26 of the Law on Banks, information on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without education legal entity, issued by the credit institution itself, the courts and arbitration courts(judges), the Accounts Chamber of the Russian Federation, tax authorities, customs authorities Of the Russian Federation in cases stipulated by legislative acts on their activities, and in the presence of the consent of the prosecutor - to the bodies of preliminary investigation in cases that are in their proceedings.

In accordance with the legislation of the Russian Federation, certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by the credit institution to the internal affairs bodies when they exercise their functions to identify, prevent and suppress tax crimes.

References on accounts and deposits of individuals are issued by the credit institution to themselves, the courts, the organization performing the functions of compulsory deposit insurance, upon the occurrence of insured events stipulated by the Federal Law on the Insurance of Individual Deposits in Banks of the Russian Federation, and with the consent of the prosecutor, to preliminary investigation of cases in their production.

In the event of the death of their owners, certificates on accounts and deposits are issued by the credit institution to persons specified by the owner of the account or deposit made by the credit institution testamentary disposition, to notaries' offices on inheritance cases in their proceedings on the deposits of deceased depositors, and in relation to accounts foreign citizens- foreign consular offices.

Information on operations of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals is provided by credit institutions to the authorized body that implements measures to counter the legalization (laundering) of proceeds from crime, in the cases, procedure and volume provided for by the Federal the law "On combating the legalization (laundering) of proceeds from crime".

Credit organizations submit to the credit bureaus all information about borrowers who have given the necessary consent for this. The range of information transmitted to the credit bureaus is defined in Art. 4 of the Federal Law of December 30, 2004 N 218-FZ "On Credit Histories". It includes, among other things: an indication of the amount of the borrower's obligation as of the date of the conclusion of the loan (credit) agreement; an indication of the term for the fulfillment of the borrower's obligation in full in accordance with the loan (credit) agreement; indication of the term for payment of interest in accordance with the loan (credit) agreement; information on the date and amount of actual performance of the borrower's obligations in full and (or) incomplete amounts, etc.

6. The procedure for submitting information constituting a bank secret to the tax authorities is determined by Art. 86 of the Tax Code of the Russian Federation. On January 1, 2007, a new version of this article of the Tax Code of the Russian Federation came into force, which changed the list of information that must be submitted by banks at the request of tax authorities. The previous edition of Art. 86 of the Tax Code of the Russian Federation did not limit the range of operations, information that had to be submitted by banks, and also did not contain restrictions on the time periods for which such information was to be submitted. She only established general duty banks "to issue to tax authorities certificates on transactions and accounts of organizations and citizens engaged in entrepreneurial activity, in the manner determined by the legislation of the Russian Federation, within five days after a reasoned request from the tax authority." The new edition obliges banks to issue tax authorities only "certificates of the presence of bank accounts and (or) balances Money on accounts, statements on transactions on accounts. "This means that the new version of clause 2 of article 86 of the Tax Code of the Russian Federation has limited the range of information that can be submitted to tax authorities upon their motivated requests. Consequently, the requirements of tax authorities, for example, about the transfer of cards to them with samples of signatures and imprints of taxpayers' seals cannot be satisfied by banks after January 1, 2007, since such information does not belong to the limited list of information that banks are required to provide. by the letter of the Ministry of the Russian Federation for Taxes and Dues of May 27, 2004 N 24-2-02 / 410 "On the issue of sending a reasoned request from the tax authority to the bank." It can be applied in the part that does not contradict new edition clause 2 of Art. 86 of the Tax Code of the Russian Federation.

7. Among the bodies and officials to whom information constituting bank secrets must be provided, there are no bailiffs-executors. In accordance with paragraph 3 of Art. 46 of the Federal Law of July 21, 1997 "On enforcement proceedings"(SZ RF. 1997. N 30. Art. 3591) they have the right to receive information of interest to them through the tax authorities. However, the Supreme Arbitration Court of the Russian Federation recognized that the bailiff, when executing a court order of execution, has the right to demand from the bank information about the availability of funds held on the accounts of his clients-debtors, within the amount to be collected in accordance with writ of execution(p. 19 information letter Of the Presidium of the Supreme Arbitration Court of the Russian Federation of June 21, 2004 N 77 "Review of the practice of considering cases related to the execution of judicial acts of arbitration courts by bailiffs-executors").

8. For disclosing banking secrets, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, credit, auditing and other organizations, an authorized body taking measures to counter the legalization (laundering) of proceeds from crime, as well as their officials and their employees bear responsibility, including compensation for damage caused, in the manner prescribed federal law(Article 26 of the Banking Law).

These organizations can be brought to civil liability in the form of damages. Their officials and other employees may be subject to disciplinary sanctions and held liable in the cases and in the manner established by the Labor Code of the Russian Federation.

Illegal receipt and disclosure of information constituting a bank secret may entail criminal liability of the relevant persons in the cases provided for in Art. 183 of the Criminal Code of the Russian Federation.

Clients - individuals have the right to demand compensation for moral damage in the manner prescribed by and.

• Up

1. The bank guarantees the secrecy of the bank account and bank deposit, account transactions and customer information.

2. Information constituting banking secrecy may be provided only to the clients themselves or their representatives, as well as submitted to the credit history bureau on the grounds and in the manner prescribed by law. State bodies and their officials, as well as other persons, may be provided with such information only in the cases and in the manner prescribed by law.

3. In case of disclosure by the bank of information constituting a banking secret, the client, whose rights have been violated, shall have the right to demand compensation from the bank for the losses caused.

Commentary on Art. 857 of the Civil Code of the Russian Federation

1. Legal regulation relations in connection with banking secrecy are currently carried out on the basis of two main norms - the commented article and Art. 26 of the Banking Law.

In addition, there are separate federal laws that contain special rules on the rights of individual bodies to receive information constituting bank secrecy. For example, in banking practice, the question arose: is the bank obliged to provide the election commission with information constituting bank secrecy, given that this body is absent from the list of bodies and persons authorized to receive such information in accordance with Art. 26 of the Banking Law? In accordance with paragraph 2 of Art. of the commented article, information constituting banking secrecy may be provided to state bodies and their officials only in the manner and in cases provided for by law. Thus, the Civil Code of the Russian Federation did not specify what specific law should establish cases of mandatory provision by banks of information constituting banking secrecy. It turns out that the norms of any federal law, and not just Art. 26 of the Banking Law may establish such cases. In this regard, election commissions have the right to demand from banks the information they need to verify information about the contributions of candidates for deputies, on the basis of paragraph 6 of Art. 33 of the Federal Law of June 12, 2002 N 67-FZ "On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation" (hereinafter - the Law of June 12, 2002 N 67-FZ). When answering the question under consideration, it should be borne in mind that the addressees are responsible for failure to provide information requested by the election commission, in accordance with Art. 5.3 of the Code of Administrative Offenses of the Russian Federation (hereinafter - the Code of Administrative Offenses) are "organizations regardless of their form of ownership." This concept also includes banks.

Based on the foregoing, it seems possible to conclude that the list of cases of mandatory provision by banks of information constituting banking secrecy, contained in Art. 26 of the Banking Law is not exhaustive. Therefore, the requirement of the election commission to provide such information in relation to a candidate for deputy, based on paragraph 6 of Art. 33 of the Law of June 12, 2002 N 67-FZ, must be executed by the bank.

Quite a lot of such special laws have been issued recently. As a result, the composition of the bodies entitled to receive information constituting bank secrets is increasing significantly and uncontrollably.

The term "banking secrecy" should be understood as a special legal regime of information about clients and their operations, determined by the law, which became known to the bank by virtue of its banking activities.

This legal regime establishes:

- the general obligation of banks and other entities to keep confidential information constituting a bank secret, and to provide them in the manner and on the terms established by law;

- the range of subjects admitted to receive information constituting bank secrecy;

- the procedure and conditions for the provision of information constituting bank secrecy without the consent of the account holders;

- responsibility for disclosing bank secrets.

2. The composition of the information covered by the banking secrecy protection regime differs according to the commented article and Art. 26 of the Banking Law.

The obligation to keep banking secrecy is imposed on the bank or non-bank credit institution as one of the conditions of the bank account agreement provided for by law (). However, the range of subjects obliged to ensure compliance with the legal regime for the protection of information, called banking secrecy, is much wider. Article 26 of the Law on Banks imposed such an obligation on credit, audit organizations, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, an authorized body implementing measures to counter the legalization (laundering) of proceeds from crime, bank payment agents.

Articles 7 and 17 of the Federal Law of December 30, 2004 No. 218-FZ "On Credit Histories" (hereinafter - the Law on Credit Histories) imposed the obligation to keep bank secrets on the credit bureau and the authorized body exercising state control and supervision over activities, respectively. credit bureau.

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Collection of legislation of the Russian Federation. 2005. N 1 (part 1). Art. 44.

3. Credit organizations guarantee the secrecy of information about accounts and deposits, about transactions on accounts and deposits, about their clients (clause 1 of the commented article) and correspondents, as well as other information established by the credit institution, if this does not contradict federal law (Art. 26 of the Banking Law). Information constituting banking secrecy must be obtained by a credit institution in the process of providing banking services to its client.

Thus, the obligation to keep bank secrets is of a contractual nature for the bank, and the object of its protection is information about the identity of the client, his operations and the state of the account. Consequently, a credit institution is not obliged to keep confidential information about the counterparties of its clients, as well as other information that is not directly related to the bank account (except for information about the client), unless it has assumed additional obligations.

4. The list of account transactions subject to bank secrecy is determined on the basis of Art. 848 of the Civil Code of the Russian Federation, special legislation and contracts. The secret also extends to the movement of deposits (the size, time and amount of receipt or withdrawal, from whom and on what grounds the amounts are received, etc.).

5. Customer information is only mentioned in the commented article. However, this term is not disclosed by law. In Art. 26 of the Law on Banks there is a norm that provides for the right of a credit institution to include in the list of information subject to protection information other than that provided for by law, if this does not contradict the Federal Law.

It follows that the bank has the right to independently clarify the composition of information constituting banking secrecy, including information about the client. However, in order to avoid conflict situations, it is recommended to do this by agreement with the client, including a corresponding condition in the bank account agreement. Customer information can include any information about the customer's legal, social, family or other status. For example, information about the presence of a minor child, for whose maintenance he regularly transfers money, should be included in the concept of banking secrecy.

According to the Constitutional Court of the Russian Federation, information on deposits and accounts of citizens in banks is information of a personal nature, therefore the legislator established a special legal regime for banking secrecy (Definition of the Constitutional Court of the Russian Federation of January 19, 2005 N 10-O "On the complaint of open joint stock company"Universal commercial Bank"ERA" for violation of constitutional rights and freedoms by parts two and four of Article 182 of the Criminal Procedure Code of the Russian Federation ").

With this approach to understanding banking secrecy, the problem arises of correlating this concept with the concept of personal data. In accordance with paragraph 1 of Art. 3 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" (hereinafter referred to as the Law on Personal Data), personal data should be understood as any information relating to a specific or determined on the basis of such information an individual (subject of personal data) , including his last name, first name, patronymic, year, month, date and place of birth, address, family, social, property status, education, profession, income, other information.

Thus, it is permissible to call the legal regime of personal data a “personal secret”. However, the object of protection of such a personal secret - information about the private life of an individual - can simultaneously be the object of any professional secret - medical, lawyer, tax, banking, etc. In this sense, banking secrecy is one of the ways to maintain personal secrecy when information about the private life of an individual is received by the bank as part of his professional activities. The protection of this information should be carried out on the basis, firstly, of the Law on Personal Data and, secondly, the legislation on bank secrecy - in the part that does not contradict the first Law.

6. In addition to the information specified in clauses 3 - 5 of the commented article, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, is not entitled to disclose information about accounts, deposits, as well as information about specific transactions and operations from credit reports. organizations received by them as a result of the performance of licensing, supervisory and control functions, with the exception of cases provided for by federal laws. Credit bureaus can provide the specified information only in the amount and in the manner established by the Law on Credit Histories (Art. 7).

Auditing organizations are not entitled to disclose to third parties information about operations, accounts and deposits of credit institutions, their clients and correspondents, obtained in the course of their inspections, except for cases provided for by federal laws.

The authorized body that implements measures to counter the legalization (laundering) of proceeds from crime is not entitled to disclose information received from credit institutions to third parties in accordance with the Law on Combating Money Laundering. In accordance with Art. 8 of the said Law, the employees of the authorized body, when executing this Law, ensure the safety of the information that has become known to them, related to the activities of the authorized body, constituting bank secrets, and bear the responsibility established by the legislation of the Russian Federation for the disclosure of this information.

An organization performing the functions of compulsory deposit insurance is not entitled to disclose to third parties information received in accordance with Federal Law No. 177-FZ of December 23, 2003 "On Insurance of Individual Deposits in Banks of the Russian Federation" (hereinafter - the Law on Deposit Insurance ) (Articles 31 and 32). The Deposit Insurance Agency may receive information constituting banking secrecy, both directly from banks and as a result of the participation of the Agency's employees in inspections of credit institutions carried out by the Bank of Russia.

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Collection of legislation of the Russian Federation. 2003. N 52 (part 1). Art. 5029.

7. Part 13 of Art. 26 of the Banking Law imposed on bank payment agents the obligation to keep bank secrecy. Bank payment agents are legal entities that are not credit institutions, but in accordance with Art. 13.1 of the Law on Banks are attracted by credit institutions on the basis of an agreement with a bank to participate in the procedure for making a transfer without opening a bank account on behalf of individuals. Accordingly, bank payment agents are required to keep confidential information about the transactions of individuals, whose payments are accepted by them in accordance with Art. 13.1 of the Banking Law.

8. The limits of disclosing banking secrets (the procedure and conditions for providing this information) without the consent of the account holders are determined by law.

In accordance with Art. 26 of the Law on Banks, certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by the credit institution to itself, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, customs authorities of the Russian Federation, To the Pension Fund RF, Fund social insurance RF and authorities compulsory execution judicial acts, acts of other bodies and officials in cases stipulated by legislative acts on their activities, and with the consent of the head of the investigative body - to the bodies of preliminary investigation in cases in their proceedings.

In accordance with the legislation of the Russian Federation, certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by the credit institution to the internal affairs bodies when they exercise their functions to identify, prevent and suppress tax crimes.

References on accounts and deposits of individuals are issued by the credit institution itself, the courts, the authorities for the compulsory execution of judicial acts, acts of other bodies and officials, the organization performing the functions of compulsory deposit insurance, upon the occurrence of insured events provided for by the Law on Deposit Insurance, and upon the presence of the consent of the head of the investigative body - to the bodies of preliminary investigation in cases that are in their proceedings.

In the event of the death of their holders, certificates on accounts and deposits are issued by the credit institution to persons indicated by the owner of the account or contribution to the testamentary disposition made by the credit institution, to notary offices for inheritance cases in their production on the deposits of deceased depositors, and in relation to accounts of foreign citizens - to foreign consular institutions.

Information on operations of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals is provided by credit institutions to the authorized body that implements measures to counter the legalization (laundering) of proceeds from crime, in the cases, procedure and volume provided for by the Law on combating money laundering.

9. From part 2 and 3 of the above Art. 26 of the Banking Law sees that it has established a general and special rule for providing the investigating authorities with information constituting bank secrecy.

By general rule the preliminary investigation bodies can receive information constituting bank secrecy only if there is an initiated criminal case and the consent of the head of the investigative body (part 2 of article 26 of the Banking Law). A special rule follows from Part 3 of Art. 26 of the Law on Banks, according to which certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to internal affairs bodies when they exercise their functions to identify, prevent and suppress tax crimes.

When applying these rules, it is necessary to take into account subsequent changes in legislation. On January 10, 2009, the Federal Law of December 26, 2008 N 293-FZ "On Amendments to Certain Legislative Acts of the Russian Federation regarding the exclusion of extra-procedural rights of the internal affairs bodies of the Russian Federation concerning inspections of business entities" (hereinafter - Law of December 26, 2008 N 293-FZ), which significantly restricts the rights of the internal affairs bodies. So, after the entry into force of this Law, the internal affairs bodies lost the right to check the available information about tax offense in the presence of sufficient data indicating signs of a crime related to violation of tax legislation.

Clause 1 of Art. 36 of the Tax Code of the Russian Federation provides that, at the request of the tax authorities, the internal affairs bodies participate together with tax authorities in the field tax audits conducted by the latter.

10. The conditions for providing the customs authorities with information constituting bank secrecy are determined by Art. 408 of the Customs Code of the Russian Federation and Art. 98 of the Customs Code of the Customs Union (hereinafter - TC CU).

Officials and other employees of the aforementioned organizations may be subject to disciplinary sanctions and held liable in the manner and in cases established by the Labor Code of the Russian Federation.

Illegal receipt and disclosure of information constituting a bank secret may entail criminal liability of the relevant persons in the cases provided for in Art. 183 of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation).

Bank secrecy law - in Russian legislation there is no legal act with that name. From our article you will learn about the current regulatory documents domestic legislation related to banking secrecy issues.

Banking secrecy in article 26 of the Federal Law "On banks and banking activities"

Deciphering this concept is devoted to Art. 26 of the Law "On Banks and Banking Activities" dated 02.12.1990 No. 395-1, according to which a bank secret is a non-disclosure of information by employees of a credit institution regulated by law:

• about transactions, accounts and deposits of clients and correspondents;
• other information established by the credit institution (if it does not contradict the federal law).

Learn about the new information resource posted on the website of the Central Bank of the Russian Federation from the message .

Art. 26 of Law No. 395-1 discloses:

• a list of persons to whom information containing banking secrecy may be provided;
• an indication of the normative legal acts, within the framework of which it can be claimed;
• prohibition on disclosure of information constituting banking secrecy, and the consequences of such disclosure.

Who has access to the information constituting a bank secret is shown in the following diagram:

Information is issued by bankers on special requests, which are drawn up in a special order described in Art. 26 of Law No. 395-1. Only the depositors themselves (account holders), as well as a certain circle of officials within the framework of their duties, have the right to request information.

In addition to Art. 26, which is described in this section, in Russian legislation there is another one entirely devoted to bank secrecy clause- we'll talk more about it in the next section.

Article 857 of the Civil Code of the Russian Federation on banking secrecy

Banking secrecy in Civil Code of the Russian Federation mentioned in Art. 857, in clause 1 of which it is said that the bank guarantees secrecy:

• bank account and deposit;
• account transactions;
• customer information.

Item 2, Art. 857 of the Civil Code of the Russian Federation in a concise form reflects the provisions of Art. 26 of the Law on Banking Activity and stipulates that information constituting banking secrecy may be provided:

• to the clients themselves or their representatives;
• at the credit bureau;
• government agencies (in exceptional cases, in accordance with the procedure established by federal laws).

Completes Art. 857 of the Civil Code of the Russian Federation, a paragraph securing the right of the client (when the bank discloses information constituting a bank secret) to demand compensation from bankers for damages caused.

How and why banks identify their potential customers, learn from the material .

Consequences of Disclosure of Banking Information in 2016-2017

Domestic legislation provides for civil, administrative and criminal liability for disclosing information constituting a bank secret and incorrect handling of information about bank clients.

According to Art. 183 of the Criminal Code of the Russian Federation, the person guilty of disclosing bank secrets may be fined up to 1.5 million rubles. or imprisonment for up to 7 years - the punishment is determined taking into account the severity of the consequences from illegal obtaining and disclosure of banking secrets. This article provides for liability:

• for collecting information constituting banking secrecy;
• distribution and use of the above information.

Separately highlighted the situations when the same acts were committed out of selfish interest, causing serious damage or entailed grave consequences.

If through the fault of the bank there is a leak of information constituting a bank secret, the account holders and depositors who are affected in this case have the right to demand compensation from the bank for the damage caused (compensation for property and moral damage) - this right is granted to them by Art. 857 of the Civil Code of the Russian Federation, which was discussed in the previous section.

Administrative liability in case of leakage of information constituting a bank secret may occur under Art. 13.14 and 13.11 Administrative Code:

• under Art. 13.14 - for disclosing information, access to which is limited by federal law (except for cases on which there is criminal liability), in the form of a fine from 500 to 5,000 rubles, which can be imposed on an individual who has gained access to banking information in connection with the performance of official duties (such persons include employees of banks, the Bureau of Credit Histories, law enforcement, tax, customs and other authorities);
• under Art. 13.11 - for violation of the legally defined procedure for collecting, storing and disseminating information about the bank's customers under a fine of 500 to 10,000 rubles. any users of banking secrecy who have committed such a violation can get in.

Outcomes

Concept banking secrecy in Russian law deciphered in the Civil Code of the Russian Federation and the law "On banking". Information constituting bank secrecy can be accessed only by the depositors themselves and disclosed to other persons in exceptional cases upon special requests.