Regulation on the rules for transferring funds. Rules for making money transfers Organization of electronic money transfers

"Settlements and operational work in a commercial bank", 2012, N 4

The introduction in Russia last year of the new legislation on the national payment system influenced in the most significant way not only card payments and the acceptance of payments from individuals, as it might seem at first glance. The regulation "On the rules for transferring funds" issued by the Bank of Russia at the end of June applies to all forms and types of non-cash payments, including even checks and letters of credit that are far from the NPS.

We are talking about the Regulation of the Bank of Russia dated June 19, 2012 N 383-P (hereinafter - the Regulation N 383-P), published in the "Bulletin of the Bank of Russia" on June 28, 2012 N 34.

The document entered into force after 10 days from the date of official publication, that is, on July 9, 2012; some of its provisions come into force at other times.

From the same date - July 9, 2012 - the main normative acts of the Bank of Russia that previously governed non-cash payments are recognized as invalid:

Regulation of the Bank of Russia dated 03.10.2002 N 2-P "On cashless payments in the Russian Federation" (hereinafter - Regulation N 2-P);
Regulation of the Bank of Russia dated 01.04.2003 N 222-P "On the procedure for making non-cash payments by individuals in the Russian Federation" (hereinafter referred to as Regulation N 222-P).

Since these documents played a very important - if not the fundamental - role in the activities of any Russian credit institution, we can safely say that changes in the legislation on non-cash payments will require banks to thoroughly and scrupulously revise many internal regulations. In this case, it will be necessary to take into account the requirements not only of the new Regulation N 383-P, but also of all legislative and regulatory acts governing the national payment system.

General Provisions

As the name of the new document suggests, its main subject is not cashless payments, but money transfers. However, upon closer examination, it turns out that various forms of non-cash payments are also reflected in Regulation N 383-P. Which, in general, is logical, since the previously valid Regulations N 2-P and N 222-P are no longer valid, and the Bank of Russia did not issue other documents on non-cash payments.

Money transfers are carried out within the framework of the following forms of non-cash payments (clause 1.1 of Regulation N 383-P):

settlements by payment orders;
settlements under the letter of credit;
settlements by collection orders;
settlements by checks;
direct debit (settlements in the form of a transfer of funds at the request of the recipient of funds);
settlements in the form of an electronic money transfer.

The first paragraph of Ch. 1 "General Provisions" the regulator introduces a new concept for the field of non-cash payments - an order on the transfer of funds. Such an order may be drawn up:

payers of funds;
recipients of funds;
collectors of funds (persons or bodies entitled, on the basis of the law, to submit orders to the bank accounts of payers).

In this case, the collectors of funds may be recipients of funds (or, accordingly, they may not).

The list of methods by which funds can be transferred through bank accounts or bypassing them looks rather unexpected. The regulator considered that transfers - a seemingly exclusively non-cash method of payments - may include elements of cash payments, including:

debiting funds from bank accounts of payers and issuing cash to recipients of funds - individuals
acceptance of cash, order of the payer - an individual and crediting of funds to the bank account of the recipient of funds;
and even the acceptance of cash, the order of the payer - an individual and the issuance of cash to the recipient of the funds - an individual.

In the latter case, obviously, non-cash payments are generally out of business.

The transfer of funds can be carried out in the "reverse sequence": first, the recipient's bank executes the order, and then the payer's bank will reimburse the funds paid to the recipient in accordance with the agreement. Such a settlement scheme was traditionally used in the past for settlements with uncovered (guaranteed) letters of credit.

The transfer of funds can be carried out with the participation of an intermediary bank that is not the payer's bank or the recipient's bank (also a widespread practice in settlements with letters of credit).

Internal documents

According to clause 1.8 of Regulation N 383-P, credit institutions must approve internal documents containing:

the procedure for drawing up orders;
the procedure for performing the procedures for accepting for execution, revoking, returning (canceling) orders;
the order of execution of orders;
other provisions on organizing the activities of credit institutions to transfer funds.

These documents must be adopted within a year from the date of entry into force of Regulation N 383-P (clause 10.3).

Let us recall that earlier the Bank of Russia required its wards to have developed and approved rules for constructing the settlement system of a credit institution (Regulation No. 2-P), including various aspects of settlements with other credit institutions and its own divisions (branches).

Until now, there was no need to regulate relationships with clients in terms of non-cash payments. Except perhaps for the procedure and conditions for carrying out operations to transfer funds on behalf of individuals without opening a bank account, referred to in clause 1.2.2 of Regulation N 222-P.

In addition, the implementation of settlements (cash, non-cash) is present in the List of main issues related to the implementation of internal control, according to which the credit institution must adopt internal documents approved by the Bank of Russia Regulation No. 242-P dated 16.12.2003 "On the organization of internal control in credit organizations and banking groups ".

In any case, banking methodologists and specialized specialists will have to, if not develop a completely new one, then radically revise a package of internal documents that describe in detail the procedures for settlement customer service.

In addition, it will be necessary to amend the standard agreements for settlement services, bank account agreements, bank deposit agreements, as well as bank tariffs, since the names of many settlement operations will change.

Internal documents cannot contain provisions that contradict legislation, including Regulation N 383-P; for some unknown reason, the regulator decided to state this obvious idea in the form of a separate disclaimer.

Electronic money transfers

This is precisely the aspect of non-cash payments for which credit institutions will have to develop a regulatory framework practically from scratch.

This work should not even begin with a thorough study of the relevant sections of Regulation N 383-P, but with the Federal Law of 27.06.2011 N 161-FZ "On the National Payment System". It is this document that introduces the definition of the most important terms related to electronic money, as well as the basic rules for working with them. Regulation N 383-P practically adds nothing new to the requirements of the Law.

Banks can carry out transfers, including various transformations of e-money into traditional (cash, non-cash) funds and vice versa, including:

money transfers through bank accounts;
money transfers without opening bank accounts.

In the first case, transfers are made by debiting funds from the payers' bank accounts and increasing the EMF balance of the recipients of funds.

In the second case - when making transfers without opening bank accounts (with the sender of the payment) - the following options are possible:

acceptance of cash, orders of the payer - an individual and an increase in the EMF balance of the recipient of funds;
reduction of the payer's e-money balance and crediting of funds to the bank account of the recipient of funds;
reduction of the payer's e-money balance and the issuance of cash to the recipient of funds - an individual;
decrease in the payer's EMF balance and increase in the payee's EMF balance.

Funds Transfer Orders

The general term "orders" is used by the Bank of Russia for all documents on the basis of which credit institutions carry out money transfers.

The most common forms of orders are:

payment order;
collection order;
payment request;
payment order.

The listed order forms are applied within all forms of non-cash payments specified in clause 1.1 of Regulation N 383-P.

The Appendices to Regulation N 383-P contain detailed descriptions and characteristics of these orders: A list and description of their details, order forms, details numbers, as well as the maximum number of characters in the details of orders drawn up in electronic form.

In addition to the four main forms of orders, other types of orders (let's call them "non-standard") can be used in banking practice, for which the list of details and forms is not established by Regulation N 383-P. Such orders:

are drawn up by the senders of orders (customers, claimants of funds, banks) indicating the details set by the bank that allow the bank to transfer funds;
compiled according to the forms established by the bank or the recipient of funds in agreement with the bank;
are applied within the framework of the forms of non-cash payments provided for in clause 1.1 of Regulation N 383-P;
must contain the names of orders that do not coincide with those listed above.

These rules, according to the methodologists of the Bank of Russia, apply:

for applications, notifications, notifications drawn up in the cases provided for by Regulation N 383-P;
statements drawn up in accordance with federal law for the purpose of collecting funds;
orders drawn up by a legal entity in electronic form or on paper to receive cash from the bank account of a legal entity in case of insufficient funds in its bank account.

In the latter case, it is possible that we are talking about the issuance of wages to employees of the organization if it has a file of unpaid documents. Such an "order", in contrast to a money order (not to be confused with a check one!), Can be placed by the bank in the indicated filing cabinet until the necessary funds are received.

Thus, within the small assortment of existing forms of non-cash payments (there are six of them), nothing can be used - except for the imagination of the parties involved in the process - an unlimited number of order forms.

If a credit institution uses "non-standard" orders in its activities, then their forms, details and the procedure for working with them must be approved by internal documents.

Orders can be drawn up both in electronic form (including using electronic means of payment) and in paper form.

"Standard" orders (four main forms: payment orders, collection orders, payment requests, payment orders), as well as bank orders are settlement (payment) documents.

The question of whether an order is a bank order (a document, the procedure for the preparation and application of which is established by Bank of Russia Ordinance No. 2360-U dated 11.12.2009 "On the Procedure for Compiling and Applying a Bank Order" (hereinafter referred to as Ordinance No. 2360-U) is still open. It probably depends on the type of operation: in some cases, a bank order can be just a settlement document drawn up on the basis of an order, while in others it can be an order itself. dedicated to money transfers.

Forms of "non-standard" orders on paper should not exceed A4 sheet. If the form of such an order consists of several sheets, then each sheet is drawn up in the manner prescribed by the bank, taking into account the requirements of Regulation N 383-P.

The number of copies of "non-standard" orders on paper is also set by the bank.

A credit institution itself can be the "order sender". The Bank of Russia has provided this opportunity for the following situations:

writing off (crediting) funds to a bank account, if the bank is the recipient of funds (payer);
money transfer without opening a bank account, including electronic money transfer, if the bank is the recipient of the funds.

It can be assumed that the order (and at the same time the settlement document) in these cases is a bank order.

Chapters 2 to 4 of Regulation 383-P are devoted to transfer orders. They cover:

procedures for accepting orders for execution;
procedures for revoking orders;
procedures for returning (canceling) orders;
the order of execution of orders;
peculiarities of the procedures for accepting orders for execution of payment system participants;
procedures for the execution of orders and the order of their execution.

It should be noted that the material of these sections of Regulation N 383-P is an excellent preparation for the development, on its basis, of the corresponding internal documents of the credit institution referred to in clause 1.8.

We remind you that Ch. 3 "Peculiarities of execution of procedures for accepting orders for execution of payment system participants" comes into force on January 1, 2013.

After a detailed description of the requirements for working with orders, the regulator proceeds to separate forms of non-cash payments. And here his syllable becomes much more laconic - especially in comparison with the wording of the corresponding chapters of Regulations N 2-P, which have sunk into oblivion.

However, the general concept of cashless payments remains practically unchanged.

Settlements by payment orders

As before, when making settlements with payment orders, the payer's bank undertakes to transfer funds through his, the payer's, bank account or without opening a bank account (for individual payers) to the recipient of funds specified in the payer's order.

A payment order can also be used to transfer funds from a deposit account, taking into account the requirements established by federal law.

Like other types of orders, a payment order is drawn up, accepted for execution and executed electronically or on paper.

The validity period of this document has not changed either: the payment order is still valid for submission to the bank within 10 calendar days from the date of its preparation.

If the payer is a bank, the transfer of funds to the bank account of the client - the recipient of funds can be carried out by the bank on the basis of a bank order drawn up by it. At the same time, according to Regulation N 2360-U, the client's account must be opened with the same bank (internal transaction).

If we are talking about the transfer of funds without opening a bank account of the payer - an individual, then the corresponding order on paper must indicate:

payer details;
details of the recipient of funds;
bank details;
transfer amount;
purpose of payment.

Other information established by the credit institution or the recipient of funds in agreement with the bank may also be indicated.

An order to transfer funds without opening a bank account of a payer who is an individual can be drawn up in the form of an application.

The form of an order to transfer funds without opening a bank account of the payer - an individual on paper is established by the credit institution or the recipient of funds in agreement with the bank.

On the basis of an order to transfer funds without opening a bank account of a payer who is an individual, the credit institution draws up a payment order.

All the nuances of filling out individual fields that were previously present in the main text of the provisions on non-cash payments (Regulations N 222-P especially sinned with this) are now set out in the Appendices to Regulations N 383-P. We recommend that you pay special attention to the rules for filling in the details "payer" and "recipient" of a payment order (as well as a collection order and a payment request) - lines 8 and 16 of Appendix 1 to Regulation N 383-P.

According to clause 5.8 of Regulation N 383-P, an order to transfer funds without opening a bank account of a payer - an individual, transmitted using an electronic means of payment, must contain information that allows you to identify the payer, recipient of funds, the transfer amount and the purpose of the payment. Such a requirement, apparently, can make illegal the practice of some banks to accept funds to be credited to the card accounts of bank customers through ATMs with the cash-in function without identifying the payer.

However, it is possible that banks will find arguments in their defense: for example, the fact that the depositor of funds does not use the card - an electronic means of payment. To which the opposite (from the word "opposite") party will be able to argue that the ATM itself is an electronic means of payment, because it is "a means or a method that allows the client of the money transfer operator to draw up, certify and transmit orders in order to transfer money funds within the framework of the applied forms of non-cash payments using information and communication technologies, electronic media, including payment cards, as well as other technical devices. " But that's a completely different story.

Based on the instructions of the payers - individuals, the credit institution can draw up a payment order for the total amount with the direction of the recipient's bank, the recipient of the funds agreed with the bank of the recipient of funds, the recipient of the funds using the register method or orders of the payers - individuals.

When making settlements by payment orders, "non-standard" orders may be used, provided for in clause 1.11 of Regulation N 383-P. In this case, obviously, only a payment (settlement) document is used, drawn up on the basis of a "non-standard" order.

Settlements under a letter of credit

Chapter 6 "Settlements under a letter of credit" is the largest in terms of volume and detailed in content among the sections describing various forms of non-cash payments. Within the framework of this article, we will not consider it in detail.

Among the innovations (in comparison with the no longer effective Regulation N 2-P), the following positions can be noted.

The transfer of a letter of credit, changes in the terms of a letter of credit, applications, notifications, notices and other exchange of information on a letter of credit can be carried out electronically using any means of communication that allows to reliably identify the sender. Of course, the exchange of information on paper is also permitted.

Upon receipt of a letter of credit, changes in the terms of the letter of credit, applications, notifications, notices and other information on the letter of credit, the bank must comply with all procedures for accepting orders for execution provided for by the Bank of Russia and internal documents (Chapter 2 of Regulation N 383-P).

The details and form (on paper) of the letter of credit are set by the bank independently. The regulator only establishes a list of mandatory information that must be indicated in the letter of credit.

When executing an uncovered (guaranteed) letter of credit, the nominated bank has the right not to execute the letter of credit until the receipt of funds from the issuing bank, except for the case of confirmation of the letter of credit by the confirming bank.

The execution of a letter of credit is carried out by transferring funds by a payment order from the executing bank to the bank account of the recipient of funds or by crediting the corresponding amount to the bank account of the recipient of funds with the executing bank.

Settlements by collection orders

Collection orders are applied:

when making payments for collection in cases stipulated by the contract;
when making settlements on orders of claimants of funds.

The recipient of funds can be a bank, including the payer's bank.

A collection order is drawn up, presented, accepted for execution and executed electronically or on paper.

The use of collection orders for collection settlements is possible under certain conditions. So, in the bank account agreement between the payer and the payer's bank, the following conditions must be present:

on the debiting of funds from the payer's bank account and on the submission by the payer to the payer's bank of information about the recipient of funds who has the right to present collection orders to the payer's bank account;
on the obligation of the payer and the main agreement, including in the cases provided for by federal law.

Thus, when a bank client has new counterparties and contracts that provide for settlements by collection orders, each time it will be necessary to conclude additional agreements to the bank account agreement (indicating in it information about the payer's obligation and the main agreement).

The right to present collection orders to the payer's bank account can be confirmed by the recipient of funds by submitting the relevant documents to the payer's bank. Which ones should be negotiated between the payer of funds and his bank.

If the payee's bank is the recipient of funds, the condition for debiting funds from the payer's bank account may be provided for by the bank account agreement and (or) another agreement between the payer's bank and the payer.

In this case, the withdrawal of funds from the bank account of the paying client can be carried out by the bank in accordance with the bank account agreement on the basis of a bank order (internal transaction).

In order to execute the "non-standard" order of the collector of funds, which is not a collection order and presented directly to the payer's bank, the said bank draws up a collection order.

The collection order of the collector of funds can be presented to the payer's bank through the bank of the recipient of the funds.

A collection order presented through the bank of the recipient of funds is valid for submission to this bank within 10 calendar days from the date of its preparation.

The beneficiary's bank, which has accepted the collection order for the purpose of collecting funds, is obliged to present the collection order to the payer's bank. For some reason, the Bank of Russia does not specify the timing of such a presentation.

When making settlements by collection orders, "non-standard" orders, provided for in clause 1.11 of Regulation N 383-P, may be used.

Payments by check

Regarding this, very exotic for today, form of calculation, the regulator was extremely laconic. Probably, it would be possible to do without this section altogether in Regulation N 383-P, but you cannot throw out words from the Civil Code, so I had to comply.

As a result, the checks got several paragraphs, on the basis of which a bank, wishing to work with them, can develop internal rules, practically not limiting its fantasies: settlements by checks are carried out in accordance with federal law and an agreement; the check must contain the details established by federal law, and may also contain the details determined by the credit institution; the form of the check is established by the credit institution; the credit institution is obliged to verify the authenticity of the check, as well as that the bearer of the check is an authorized person; checks of credit institutions are used when transferring funds, except for the transfer of funds by the Bank of Russia.

There is not even a mention of whether the check can be issued in electronic form or only in paper form.

Let us add that the check in this case serves as an order, but not as a settlement (payment) document. On the basis of the check presented for payment, the credit institution must form its settlement (payment order) or cash (cash outflow order) document, thereby substantiating the movement of funds.

Direct debit

And in this section, the requirements of the Bank of Russia are set out rather briefly.

Settlements in the form of a transfer of funds at the request of the recipient of funds (direct debit) are carried out in the manner prescribed by federal law, in accordance with the requirements of Ch. 1, 2 and 4 of the Regulation N 383-P.

The recipient of funds can be a bank, including the payer's bank (for example, in the case when the borrower's debt on a loan is repaid by direct debit in his bank).

When making non-cash payments in the form of a transfer of funds at the request of the recipient of funds, the following applies:

payment request;
other ("non-standard") order of the recipient of funds.

It should be noted that collection orders are not used with this payment method, despite their superficial similarity to payment requests.

Interestingly, the Bank of Russia did not indicate the need for the payer's bank to draw up a settlement document (payment request) upon receipt of a "non-standard" order for settlements by direct debit, as provided for by collection orders.

If the recipient of the funds is a bank, the withdrawal of funds from the bank account of the paying client, if there is a prior acceptance of the payer, can be carried out by the bank in accordance with the bank account agreement on the basis of a bank order drawn up by the bank.

A payment request is drawn up, presented, accepted for execution and executed electronically or on paper.

A payment request can be submitted to the payer's bank through the payee's bank or directly to the payer's bank.

A payment request submitted through the bank of the recipient of funds is valid for submission to the bank of the recipient of funds within 10 calendar days from the date of its preparation.

Conclusion

A new Bank of Russia regulation governing transfers has just entered into force, and therefore it is too early to talk about its practical applicability. However, it is safe to say that explanations, changes and additions to Regulation N 383-P will not keep you waiting: quite a lot of nuances of cashless settlements remained undisclosed. At the same time, the topic of the document concerns not only all credit institutions in Russia, but also their clients - organizations and individuals.

In addition, the very legislation on the national payment system is expected to change in the near future; which means that by-laws, including those issued by the Bank of Russia, will not avoid this fate either.

Therefore, we will probably return to this topic later.

In the meantime, credit institutions should focus on internal documentation: monitoring contracts with clients for their compliance with the new requirements of the Bank of Russia and the development of internal documents on non-cash payments.

M. Posadskaya

Banking methodologist

Chapter 1. General Provisions
Chapter 2. Procedures for acceptance for execution, revocation, return (cancellation) of orders and the procedure for their execution
Chapter 3. Features of the execution of procedures for accepting orders for execution of payment system participants
Chapter 4. Procedures for the execution of orders and the order of their execution
Chapter 5. Settlements by payment orders
Chapter 6. Settlements under a letter of credit
Chapter 7. Settlements by collection orders
Chapter 8. Payments by check
Chapter 9. Settlements in the form of a transfer of funds at the request of the recipient of funds (direct debit)
Chapter 10. Final Provisions

Bank of Russia Regulation No. 383-P dated June 19, 2012
"On the rules for transferring funds"

With changes and additions from:

July 15, 2013, April 29, 2014, May 19, November 6, 2015, July 5, 2017, October 11, 2018

This Regulation was developed on the basis of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System" (Collected Legislation of the Russian Federation, 2011, N 27, Art. 3872), Federal Law of July 10, 2002 N 86-FZ " On the Central Bank of the Russian Federation (Bank of Russia) "(Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art.25; N 29, Art.3629; N 48, Art 5731; 2010, N 45, Art 5756; 2011, N 7, Art 907; N 27, Art 3873; N 43, Art. 5973; N 48, Art. 6728), Federal Law "On Banks and Banking Activities" (as amended by Federal Law of February 3, 1996 N 17-FZ) (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, No. 27, Art. 357; Collected Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, art. 3469; 2001, N 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, N 27, Art. 2700; N 50, Art. 4855; No. 52, Art. 5033, art. 5037; 2004, N 27, Art. 2711; 31, Art. 3233; 2005, N 1, Art. 18, art. 45; N 30, Art. 3117; 2006, N 6, Art. 636; 19, Art. 2061; 31, Art. 3439; No. 52, Art. 5497; 2007, N 1, Art. 9; N 22, Art. 2563; 31, Art. 4011; N 41, Art. 4845; N 45, Art. 5425; N 50, Art. 6238; 2008, N 10, Art. 895; 15, Art. 1447; 2009, N 1, Art. 23; N 9, Art. 1043; 18, Art. 2153; 23, Art. 2776; N 30, Art. 3739; 48, Art. 5731; No. 52, Art. 6428; 2010, N 8, Art. 775; 19, Art. 2291; No. 27, Art. 3432; N 30, Art. 4012; 31, Art. 4193; 47, Art. 6028; 2011, N 7, Art. 905; No. 27, Art. 3873, art. 3880; 29, Art. 4291; 48, Art. 6730; 49, Art. 7069; N 50, Art. 7351) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia No. 11 dated June 15, 2012) establishes the rules for transferring funds by the Bank of Russia, credit institutions (hereinafter, when collectively referred to as banks) on the territory of the Russian Federation to currency of the Russian Federation.

Registration N 24667

The regulation establishes new rules for the transfer of funds by the Central Bank of Russia, credit institutions in Russia in rubles. This is due to the adoption of the Law on the National Payment System. The Central Bank's regulation on non-cash payments in Russia is no longer valid (except for Part II and a number of annexes).

The new regulation applies to all clients of credit institutions (both individuals and legal entities). It applies to the transfer of funds with the participation of Vnesheconombank.

Banks transfer funds through bank accounts without opening the latter on the basis of transfer orders.

The following forms of non-cash payments are provided: by payment orders; by letter of credit; collection orders; by checks; transfer of funds at the request of the recipient - direct debit (previously there were payment requests); transfer of electronic money (previously it was not provided).

When transferring funds, cash transactions are also distinguished as intermediate stages (for example, issuance to individual recipients and acceptance from individual payers).

The previous provision on non-cash settlements, including, regulated settlements through correspondent accounts (subaccounts) of credit institutions (branches) opened with the Central Bank of Russia. Through correspondent accounts with other credit institutions and accounts of interbranch settlements. The recommended procedure for reflecting the main transactions in the accounting of credit institutions when making settlements through the accounts "LORO", "NOSTRO" and through the accounts of interbranch settlements. There are no such sections in the new regulation.

It is stipulated that banks approve internal documents containing the procedure for drawing up transfer orders, their acceptance for execution, revocation, return (cancellation), execution.

The regulation comes into force 10 days after its official publication, with some exceptions. Chapter 3, which is devoted to the specifics of the procedures for accepting orders for execution of payment system participants, comes into force on January 1, 2013. Requirements that determine the maximum number of characters in the details of payment, collection orders, payment requests, orders drawn up in electronic form - from April 1, 2013

Regulation of the Bank of Russia dated June 19, 2012 N 383-P "On the rules for transferring funds"

Registration N 24667

This Regulation enters into force 10 days after the day of its official publication, with the exception of

I.V. Kerensky (2012) notes that on July 9, the Regulation of the Bank of Russia of 19.06.2012 No. 383-P "On the rules for transferring funds" (hereinafter referred to as the Regulation on the transfer) came into force. It will replace the Regulation of the Bank of Russia dated 03.10.2002 No. 2-P "On non-cash payments in the Russian Federation" (hereinafter referred to as the Regulation on non-cash payments), except for p. II and Appendices 25-33, as well as the Regulation of the Bank of Russia dated 01.04.2003 No. 222-P "On the procedure for making cashless payments by individuals in the Russian Federation" (hereinafter referred to as the Regulation on cashless settlements of individuals).

The transfer regulations establish the rules for transferring funds by the Bank of Russia and credit institutions on the territory of Russia in the currency of the Russian Federation. It reflects the changes that have occurred in Russian legislation as a result of the adoption of the Federal Law of June 27, 2011 No. 161-FZ "On the National Payment System" (hereinafter - the Law on the Payment System).

Most of the provisions of the Regulation on the translation entered into force on July 9, with the exception of chap. 3 ("Features of the implementation of procedures for accepting orders for execution of payment system participants") and requirements for the maximum number of characters in settlement documents drawn up in electronic form. These norms come into force later: from January 1, 2013 and from April 1, 2013.

The Regulation on Translation combines the norms on the implementation of translations by both individuals and legal entities. Most of the norms are now the same for all categories of payers and recipients, however, in some cases, a special regulation procedure has been established, which is directly indicated in the norms of the Regulation. For example, only individuals can be payers when transferring funds without opening a bank account, with the exception of electronic money transfers (clause 1.4 of the Transfer Regulations).

The Regulation on the transfer establishes the rules for making money transfers on the basis of orders submitted both on paper and in electronic form.

The peculiarity of the Regulation on the transfer is that it contains uniform rules for receiving and processing for all orders for the transfer of funds. The order of the bank's actions does not depend on the type of settlement (payment) document that the bank receives.

Settlement (payment) documents in accordance with clause 1.12 of the Transfer Regulations include:

money orders;

collection orders;

payment requests;

payment orders;

bank orders.

For comparison: in the Regulation on non-cash settlements, payment orders, letters of credit, checks, payment requests and collection orders were recognized as settlement documents (clause 2.3, chapter 2, part I of the Regulation on non-cash payments).

In accordance with the Regulations on the transfer, payers can fix in the agreement with the bank the possibility to use orders with the registries of recipients for making transfers in favor of not only individuals, but also any other recipients (clause 1.17 of the Regulations on the transfer). In addition, the recipient of funds is now also entitled to draw up orders containing a register of several payers (clause 1.18 of the Transfer Regulations). The agreement with the bank may stipulate that an order with the register of recipients (payers) can be drawn up to transfer funds both to persons who are customers of one bank and to persons served by different banks.

The ability to transfer funds in the total amount of a payment order with the preparation of a register was provided for in the Regulation on non-cash payments of individuals. It stated that if one legal entity sends a payment order to the bank to transfer funds to several individuals, for example, to pay wages (clause 1.1.15 of the Regulation on non-cash payments of individuals), it can draw up a payment order and use the register, in which they must all individuals, details of their accounts, amounts to be credited to their accounts should be indicated. Moreover, all individuals must be clients of one bank.

Payers and recipients of funds, in accordance with the Transfer Regulations, can draw up an order for the transfer of funds, which will be executed both once and periodically (clauses 1.15 and 1.16 of the Transfer Regulations). Previously, individual payers had this opportunity when making payments by payment orders (clause 2.4 of the Regulation on non-cash payments of individuals). Payers - legal entities and individual entrepreneurs could make periodic payments by payment orders in accordance with the terms of the agreement between the payer and their counterparties (clause 3.3, chapter 3, part I of the Regulation on non-cash payments). The Transfer Regulations do not link the possibility of periodic transfer of funds to the terms of the agreement between the payer (recipient) of funds with its counterparty.

The Regulation on the transfer, in contrast to the Regulation on non-cash payments, does not contain general requirements for the details of orders for the transfer of funds. At the same time, the Appendix to the Regulation on the transfer contains the Lists and descriptions of the details of the payment order, collection order, payment request and payment order. The forms of these documents remained unchanged.

In accordance with the Regulation on the transfer, it is allowed to use orders for which the form and list of details are not established in the Regulation itself. The details of such orders are determined by the bank or the recipient of funds in agreement with the bank (clause 1.11 of the Transfer Regulations).

Compared to the Regulation on Cashless Payments, the Regulation on Transfer regulates in much more detail the rules for accepting money transfer orders for execution.

Acceptance of orders for execution. The Regulation on the transfer largely repeats the provisions of the Regulation on non-cash payments and the Regulation on non-cash payments of individuals concerning the rules for accepting orders for the transfer of funds. However, this procedure will now be the same for all types of transfer orders.

Clause 2.1 of the Transfer Regulations establishes a detailed procedure for banks' control over the content of a money transfer order when it is accepted for execution. It consists of a series of sequential actions:

certification of the right to dispose of funds (certification of the right to use an electronic means of payment);

control of the integrity of orders;

structural control of orders;

control of the values of order details;

control of orders for the adequacy of funds.

Each subsequent stage of control begins only after passing all the previous stages, and the order is accepted for execution if it has passed all the stages of control. It is separately indicated that if such acceptance was not given in advance in respect of orders requiring the payer's acceptance, then control procedures are carried out only after receiving it (clause 2.9.2 of the Transfer Regulations).

1. Certification of the right to dispose of funds. The rules for certifying the right to dispose of funds when accepting a transfer order submitted on paper establish the requirements for the presence of appropriate signatures and seals.

Certification of the right to dispose of funds, if the order is transmitted in electronic form, is carried out by the bank by checking the electronic signature, an analogue of a handwritten signature and (or) codes, passwords, other means that allow confirming that the order in electronic form was drawn up by a person (persons) specified ( specified) in clause 1.24 of the Transfer Regulation (paragraph 1 of clause 2.3 of the Transfer Regulation).

In the case of using an electronic means of payment, instead of certifying the right to dispose of funds, the right to use the electronic means of payment is certified. The Translation Regulation also contains the corresponding rules. Certification of the right to use the electronic means of payment is carried out by the credit institution by checking the number, code and (or) other identifier of the electronic means of payment (paragraph 4, clause 2.3 of the Transfer Regulations).

2. Control of the integrity of orders. At this stage, the invariability of the order details is checked.

In orders on paper, it is checked that no changes have been made, and in orders in electronic form - the invariability of the order details (clause 2.4 of the Transfer Regulations).

3. Structural control of orders. During this stage of control, the set details are checked, and for orders in electronic form, the maximum number of characters in the details is also checked.

The bank checks whether the order complies with the established form (if it is submitted on paper).

The Regulation on the transfer provides for the requirements for the maximum number of characters in the details of the payment order, collection order, payment request and payment order, drawn up in electronic form. This regulation will enter into force on April 1, 2013.

4. Control of the values of order details. This stage of control consists in checking the values of the order details, their admissibility and compliance in the manner established by the bank, taking into account the requirements of the legislation.

The transfer regulation imposes on the bank the obligation to check the availability of third parties' consent to the transfer, if such consent must be obtained in accordance with the law (clause 2.8 of the Transfer Regulation).

If the payer's acceptance is required to complete the transfer, the payer's bank also checks whether there is a pre-given acceptance or sends the payer an order from the recipient of funds or a notification for acceptance.

In advance, this acceptance may relate to one or more accounts of the payer, one or more recipients of funds, as well as various grounds for debiting funds from the account.

The Regulation on the transfer does not contain a requirement to indicate the reasons for refusal of acceptance.

5. Control of the sufficiency of funds. The Regulation on the transfer establishes uniform rules for monitoring the sufficiency of funds, regardless of the type of order for the transfer of funds.

Sufficiency is checked based on the balance of funds in the payer's bank account at the beginning of the day. Also taken into account are the funds received on his account (withdrawn from the account) at the time of determining the sufficiency of funds (clause 2.10 of the Transfer Regulations).

The question of what will happen to orders in case of insufficient funds can be resolved in different ways. As a general rule, in case of insufficient funds on the payer's account, orders are not accepted and are returned (canceled) no later than the business day following the day of receipt of the order.

However, some categories of transfer orders drawn up by legal entities or individual entrepreneurs should be placed in the queue of orders not executed on time. These are orders to transfer funds to budgets (as well as orders of the same and previous order of debiting funds from a bank account established by federal law), orders of claimants of funds, orders accepted by the bank for execution or presented by the bank in accordance with the agreement (paragraph 10 p. 2.10 of the Transfer Regulations).

The result of all the above procedures for accepting an order for execution is either the acceptance of orders for execution, or their return to the payer. The regulation on the transfer regulates in detail the documentary registration of both the acceptance of the order for execution and the refusal to accept: the time frame for performing all actions, the presence of signatures of bank officials, etc.

It should be noted that banks may establish additional procedures for accepting orders for execution, such as controlling duplicate orders, obtaining the consent of the payer's credit institution for an operation using an electronic means of payment.

Execution of orders. The Transfer Regulations provide for the procedures for executing money transfer orders. Three possible procedures are listed: execution, partial execution and confirmation of order execution (clause 4.1 of the Transfer Regulations).

The execution of the order can be carried out by means of:

debiting funds from the payer's bank account;

crediting funds to the bank account of the recipient of funds;

issuing cash to the recipient of funds;

registration of information on the carried out electronic money transfers.

Partial execution of orders is also allowed in cases stipulated by legislation or agreement.

The bank is obliged to confirm full or partial execution of orders in accordance with the procedure established by the Regulation on the transfer. Depending on the form of submission of the order (in electronic form, on paper or using an electronic means of payment), various procedures are applied for sending confirmation to the payer (recipient) of funds (clauses 4.5-4.9 of the Transfer Regulations).

In addition, banks may establish (in particular, in contracts) other procedures for the execution of orders, including the procedure for clarifying the details of orders, return of funds that cannot be credited (issued) to the recipient of funds, as well as the procedure for the execution of orders included in the registers, including partial execution of orders.

Revocation of orders. In the Regulation on the transfer in accordance with the norms of the Law on the Payment System, the revocation of the order for the transfer of funds is associated with such a property of the payment as “irrevocability”. Revocation of transfer orders is possible before the transfer of funds becomes irrevocable (clause 2.14 of the Transfer Regulations).

According to clause 7 of Art. 5 of the Law on the payment system, unless otherwise stipulated by the applicable form of cashless payments or federal law, the irrevocability of the transfer of funds occurs from the moment the funds are debited from the payer's bank account or from the moment the payer provides cash for transferring funds without opening a bank account.

For the transfer of electronic money, another moment of irrevocability is set: simultaneous acceptance by the operator of electronic money of the client's order, a decrease in the balance of electronic money of the payer and an increase in the balance of electronic money of the recipient of funds by the amount of the transfer of electronic money (clauses 10 and 15 of Article 7 of the Law on payment system).

Forms of cashless payments.

The regulations on the transfer determine the forms of non-cash payments. The transfer of funds is carried out within:

settlements by payment orders;

settlements under a letter of credit;

settlements by collection orders;

settlements by checks;

settlements in the form of a transfer of funds at the request of the recipient of funds (direct debit);

settlements in the form of electronic money transfer.

Compared to the Regulation on non-cash payments, the Regulation on the transfer has added only one form of non-cash payments - settlement in the form of electronic money transfer. This is due to the adoption of the Law on the payment system, which, firstly, contains a definition of the term "electronic money", and secondly, establishes the rules for their transfer.

Payers, recipients of funds choose the form of non-cash payments independently, it can be provided for by agreements with their counterparties.

1. The money transfer operator carries out the transfer of funds at the order of the client (payer or recipient of funds), drawn up within the framework of the applicable form of cashless payments (hereinafter referred to as the client's order).

2. The transfer of funds is carried out at the expense of the payer's funds that are in his bank account or provided to him without opening a bank account.

3. The transfer of funds is carried out within the framework of the applied forms of non-cash settlements by crediting funds to the bank account of the recipient of funds, issuing cash to the recipient or accounting for funds in favor of the recipient of funds without opening a bank account when transferring electronic funds.

4. Depositing cash into your bank account or receiving cash from your bank account with one money transfer operator is not a money transfer.

5. The transfer of funds, except for the transfer of electronic funds, is carried out within a period of no more than three working days starting from the day the funds are debited from the payer's bank account or from the day the payer provides cash for the purpose of transferring funds without opening a bank account.

6. Along with the money transfer operator serving the payer and the money transfer operator serving the recipient of funds, other money transfer operators (hereinafter referred to as transfer intermediaries) may participate in the transfer of funds.

7. Unless otherwise stipulated by the applied form of non-cash payments or federal law, the irrevocability of the transfer of funds, with the exception of the transfer of electronic funds, occurs from the moment the funds are debited from the payer's bank account or from the moment the payer provides cash for the purpose of transferring funds without opening a bank account.

8. The unconditionality of the transfer of funds occurs at the moment when the payer and (or) the recipient of funds or other persons fulfill the conditions for transferring funds, including making a counter transfer of funds in another currency, counter transfer of securities, submission of documents, or in the absence specified conditions.

9. In the event that the payer of funds and the recipient of funds are served by one money transfer operator, the finality of the transfer of funds, except for the transfer of electronic funds, occurs at the time the funds are credited to the bank account of the recipient of funds or when the recipient of funds is provided with the possibility of receiving cash funds.

10. If the payer of funds and the recipient of funds are served by different money transfer operators, the finality of the money transfer occurs at the time the funds are credited to the bank account of the money transfer operator serving the recipient of funds, taking into account the requirements of Article 25 of this Federal Law ...

11. When transferring funds, the obligation of the money transfer operator serving the payer to the payer terminates at the moment of its finality.

A cheap method of payments that allows you to successfully service small amounts is a method of payments using electronic money.

Circulation of electronic money, as a rule, is carried out using the Internet, computer networks, electronic wallets, payment cards, as well as devices that work with payment cards (payment kiosks, POS-terminals, ATMs, etc.). Also, other payment instruments of various forms are used: blocks of mobile phones, key fobs, bracelets, etc., which have a special payment chip.

To carry out settlements using electronic money, there is no need to carry out each operation through a bank. In exchange for funds transferred by a person (hereinafter also referred to as the client) wishing to use electronic money and deposited into a bank account, the electronic money operator (hereinafter also referred to as the operator) issues and provides this person with an equivalent of the transferred funds - electronic money that circulates without opening a bank account within a specific electronic money transfer system. Within the framework of this electronic money transfer system, its participant can buy goods and services for electronic money issued by the operator, transfer electronic money to other participants, as well as perform other actions permitted by the rules of the electronic money transfer system. While settlements are being made with electronic money, non-cash funds of persons who have purchased electronic money remain without movement on the operator's bank account, on which funds provided by customers are accumulated. After completing the settlements, a system participant, for example, an organization that accepts electronic money for goods and services sold, can withdraw the received electronic money from the system, in particular, by transferring it to its bank account, thereby converting electronic money into ordinary non-cash money, or other stipulated ways The decision of the Pskov City Court dated July 22, 2013 in case No. 2-2205 / 2013 [Electronic resource]. The document has not been published. Access from ref. - Legal system "ConsultantPlus"..

The Federal Law "On the National Payment System" regulates the circulation of only fiat electronic money, that is, electronic money denominated in the state currency, since the definition of electronic money indicates that electronic money is money.

In this regard, the question arises about the legal regime of non-fiat "electronic money", i.e. those payment instruments that are denominated in a private, so-called digital, currency. The legal literature also uses the terms "virtual currency" or "virtual money" to refer to the non-fiat digital currency that circulates in online games, social media sites, and other areas of activity that exist in a virtual environment (mainly the Internet). At the same time, it is obvious that a non-fiat digital currency, which does not formally fall under the legal regime of electronic money, performs the same functions in making settlements as electronic money, therefore, their issuer must be subject to the same mandatory requirements that are established for operators. electronic money. In this regard, the law establishes that a person who is not an electronic money operator does not have the right to become liable for monetary obligations that are used to fulfill monetary obligations between other persons or to perform other transactions entailing the termination of obligations between other persons on the basis of orders electronically transmitted to the obligated person See: L.A. Novoselova Civil law regulation of banking // Civilistics 1994. No. 2. P. 8 - 9..

In accordance with Law No. 161-FZ, electronic money as an institution and an object of law is separated from an electronic means of payment as a carrier on which electronic money is recorded.

Electronic means of payment are classified into several types, each of which is characterized by certain characteristics.

By the property of anonymity, electronic means of payment are divided into non-personalized (anonymous) and personalized (in relation to legal entities and individual entrepreneurs, the latter are called corporate). The former allow you to make payments without identification (authentication) of the client, while the latter require the identification of the client. In non-personalized electronic means of payment, there is also such a variety as non-personalized electronic means of payment with simplified identification of a client - an individual. The appeal ruling of the Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court dated March 24, 2015 in case No. 33-2627 / 2015 tells us the opposite Appellate ruling of the Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court dated March 24, 2015 in case No. 33-2627 / 2015 [Electronic resource]. The document has not been published. Access from ref. - the legal system "ConsultantPlus.. On June 27, 2011, the Federal Law of June 27, 2011 No. 161-FZ" On the National Payment System "was adopted, which for the first time in Russia comprehensively and at the level of the law regulates the circulation of electronic money. money and defined the basic rights and obligations of electronic money operators, who had previously based their activities mainly on general dispositive norms of civil law.

The main requirements of electronic money operators for its activities include:

1) without fail notify the Bank of Russia of the commencement of activities to transfer electronic money;

2) has the right to enter into agreements with other organizations, under the terms of which these organizations are entitled to provide operational services to the electronic money operator;

3) establish the rules for making transfers and ensuring the continuity of electronic money.

Judicial practice says that the plaintiff opened an electronic wallet tied to a mobile phone, on the basis of a public offer to use the "VISA QIVI WALLET" payment service, an agreement was concluded between the parties for the provision of payment services. On the same day, the plaintiff deposited the amount to pay for the loan, after which access to the electronic wallet was closed, and he could not make the transfer. Later, the plaintiff informed the Bank about the problems of access to his account, and subsequently discovered the lack of funds in the account. The plaintiff did not receive any messages about the transactions carried out to transfer funds from the defendant. The defendant refused the plaintiff to satisfy the claim for the return of funds with reference to the fact that all payments were initiated by the user himself and made with the input of correct authentication data using the details specified by the user. At the same time, the fact of crediting funds to the plaintiff's account was proven, but the bank did not provide evidence of its statement that it was transferring funds from the account of OR Sadovina. on his own behalf, did not prove the adoption of all necessary and sufficient security measures to preserve the received funds on the plaintiff's electronic account, as well as the absence of his own fault in transferring funds to unauthorized persons. Thus it is the claim Sadovina Oh.R. to JSC "KIWI Bank" on the recovery of funds, compensation for moral damage to satisfy Appeal ruling of the Judicial Collegium for Civil Cases of the Arkhangelsk Regional Court dated August 3, 2015 in case No. 33-3589 / 2015 // Official website of the Supreme Court of the Russian Federation [Electronic resource]. URL: http: //www.vsrf.ru (date of access: 22.02.2017).... Further, it follows that the problem "within the network" of operators that carry out operational services for the transfer of electronic money, the requirements of which are established by law No. 161 - FZ does not quite comply with the rule of security and "continuity of electronic money" Federal Law of June 27, 2011 No. 161-FZ "On the National Payment System" (with the last amendments and supplements of July 3, 2016 No. 290-FZ) // Official Internet portal of legal information [Electronic resource]. URL: http: //www.pravo.gov.ru (date of access: 20.04.2017).... However, in solving this problem, it is necessary to improve the national payment system as much as possible, as well as improve control over the legislative and regulatory framework.

In the draft Federal Law No. 47538-6 "On Amendments to Parts One, Two, Three and Four of the Civil Code of the Russian Federation, as well as to certain legislative acts of the Russian Federation", the Civil Code of the Russian Federation proposes to introduce Article 861.1 "Transfer of Funds", where states: "When transferring funds, the bank undertakes, by order of the payer or recipient of funds (payment order), at the expense of funds in the payer's bank account or provided by him without opening a bank account, within the period specified in paragraph 2 of this article, to provide the specified in payment order the amount of funds indicated in the payment order to the recipient of funds with crediting to a bank account of funds or issuing cash in this or another bank. The payer and recipient of funds can be one person. The payer's bank and the recipient's bank can be one bank. "

In pursuance of the specified provisions of Law No. 161-FZ, the Bank of Russia Regulation "On the Rules for Transferring Funds" was adopted, approved by the Bank of Russia on June 19, 2012 No. 383-P Bank of Russia Regulation No. 383-P, dated June 19, 2012, "On the Rules for transfer of funds "(with the last amendments. and addition. dated November 6, 2015 No. 3844-U // Bulletin of the Bank of Russia. 2012. No. 34. June 28. It follows from this document that the transfer of funds is a generic term , combining all forms of non-cash payments specified in the Civil Code of the Russian Federation (payment orders, by letter of credit, collection orders, checks). Also, the specified Regulation introduces two new forms of payments: in the form of transfer of funds at the request of the recipient of funds (direct debit) and Thus, payments with electronic money have now received an independent legal basis in the form of a separate institute (sub-institute) of law.

The grounds for transferring electronic money can be the order of the payer in favor of the recipient of funds (such a transfer is similar to a payment order) or the requirement of the recipient of funds (direct debit). In this case, a transfer at the request of the recipient of funds is possible only if this is provided for by the agreement on the provision of payment services for the transfer of electronic money and the agreement between the payer and the recipient of funds and if a personalized or corporate electronic means of payment is used. Both of these grounds are united by the generic concept of "customer order" (part 1 of article 5, article 8 of Law No. 161-FZ), which is another new concept of civil law introduced by Law No. 161-FZ. A client's order in a general sense means an order by the client to the money transfer operator to make a transfer in the form specified in the order. In this regard, it is noteworthy that in part 1 of article 7 of Law No. 161-FZ and after it in the Regulation on the rules for transferring funds (clause 1.1), the transfer of electronic money itself is called the form of non-cash payments, which does not quite correspond to the logic of the concept of "form of calculations". An electronic money transfer can be carried out in two forms: the order of the payer to make the transfer in favor of the recipient of funds and the request of the recipient of the funds.

Article 8 of Law No. 161-FZ establishes requirements for a client's order, the procedure for accepting it for execution and execution, which are applied in all forms of non-cash payments. The client's order for the transfer of electronic money is transmitted in electronic form and must contain information that allows the transfer of funds within the framework of the applied forms of non-cash payments (transfer details). The list of transfer details is established by regulations of the Bank of Russia, regulations of federal executive bodies and an agreement concluded by a money transfer operator with a client or between money transfer operators (part 1 of article 8 of Law No. 161-FZ). Unlike traditional banking forms of non-cash payments, the details of which are established by the Civil Code of the Russian Federation (in relation to a check, Article 878 of the Civil Code of the Russian Federation) and the Regulation on the rules for transferring funds, there are no details established by regulatory legal acts for an order to transfer electronic money, therefore they are established in the agreement on the provision of payment services for the transfer of electronic money. The requisites of the beneficiary's claim have not been established either. The details of the order and the demand may not differ from each other, except for the type of operation (order or demand), since their differences are, first of all, in the order of their acceptance for execution and their execution. Usually the details are: date and order number, transfer currency, transfer amount, commission amount (can be reflected as a transfer amount with commission), payer (personalized and corporate electronic means of payment), payer's virtual account number ("electronic wallet"), payee (personalized and corporate electronic means of payment), virtual account numbers of the payee. The payment request may also contain information on the condition of payment (the need for acceptance) and the term of acceptance. Confirmation of the execution of the client's order to transfer electronic money, issued to the client by the electronic money operator, can serve as evidence of the payment in court Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17 "On the consideration of civil cases by courts in disputes on the protection of rights consumers "[Electronic resource]. Access from ref. - Legal system "ConsultantPlus". ...

When accepting a client's order for execution, the money transfer operator is obliged to verify the client's right to dispose of funds, check the transfer details, the sufficiency of funds to execute the client's order, as well as perform other procedures for accepting client orders for execution, provided for by the legislation of the Russian Federation (Part. 4 Article 8 of Law No. 161-FZ). Verification of the client's right to dispose of electronic funds occurs, as a rule, by entering the client's electronic signature - a code (password) Federal Law of April 6, 2011 No. 63-FZ "On Electronic Signature" (with the last amendments. And additional from June 23, 2016 No. 220-FZ) // Official Internet portal of legal information [Electronic resource]. URL: http: //www.pravo.gov.ru (date of access: 20.04.2017). and verified by the electronic money transfer operator. Practice is also not silent and says the Appellate ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of August 18, 2015 in case No. 33-1309 / 2015 // Official website of the Supreme Court of the Russian Federation [Electronic resource]. URL: http: //www.vsrf.ru (date of access: 12.03.2017). that in case of insufficient funds, the client's order, taking into account the prohibition on lending to the client (part 5 of article 7), is not accepted for execution by the money transfer operator and the client is immediately notified of this. An electronic money transfer is carried out immediately after the electronic money operator accepts the client's order.

An electronic money transfer is carried out by the operator of electronic money simultaneously accepting the client's order, decreasing the payer's electronic money balance and increasing the recipient's electronic money balance by the amount of electronic money transfer (Part 11, 10 Article 7 of Law No. 161- FZ). After completing these actions, the electronic money transfer becomes irrevocable and final. See: M. S. Garkusha. Electronic money as a phenomenon of the virtual economy: functions and methods of institutionalization: dis. Cand. econom. sciences. Krasnodar, 2010.S. 201 - 202..

Also, the transfer of electronic money can be carried out offline (offline mode of using an electronic means of payment), if this is provided for by an agreement on the provision of payment services for the transfer of electronic money. This applies to such a carrier of electronic money as prepaid cards, which are used for settlements with points of sale (English point of sale), on which the corresponding terminals for accepting cards are installed. In this case, the operator accepts the client's order, reduces the payer's electronic money balance and increases the recipient's electronic money balance at different times, namely: information from the client's card is read by the point of sale terminal, at the end of the working day the seller (recipient of funds) transmits information about the transactions performed electronic money operator, which takes into account all completed electronic money transfer operations. In this case, the transfer becomes irrevocable at the moment the client uses the electronic means of payment (part 16 of article 7 of Law No. 161-FZ), i.e. at the time of the prepaid card through the terminal.

In order to protect the rights of the client as a weak party in the relationship for the transfer of electronic money, the rules are established for the operator to inform the client about the implementation of the transfer of electronic money (about the completion of each operation using an electronic means of payment) in accordance with Part 13, 14, Article 7, Part 4 of Article 9 of Law No. 161-FZ. Such information is sent to the client immediately after the transfer is made or immediately after the electronic money operator has taken into account the information provided by the recipient of the funds in the offline mode of using the electronic means of payment.

The fulfillment by the electronic money operator of the obligation to inform the client directly depends on his civil liability to reimburse the amount of the operation performed without the client's consent. So, in the event that the money transfer operator does not fulfill the obligation to inform the client about the transaction, the money transfer operator is obliged to reimburse the client for the amount of the transaction that the client was not informed about and that was performed without the client's consent (Part 13 of Art. .9 of Law No. 161-FZ). The legal nature (legal mechanism) of an electronic money transfer relates to the legal nature of electronic money, which is a sui generis claim of a customer against an electronic money transfer operator. According to its legal mechanism, electronic money transfer is the closest to transferring funds without opening a bank account See: Electronic money and mobile payments. Encyclopedia / count. authors. M .: KNORUS: TsIPSiR, 2009. С 101 - 103; Gaiduk A.S. Evaluation of payment systems based on electronic money: author. dis. Cand. econom. sciences. Novosibirsk, 2011.S. 33 - 35.

An electronic money transfer is a two-way settlement transaction between a client and an electronic money operator, made on the basis of an agreement on the provision of payment services for the transfer of electronic money and Law No. 161-FZ, in pursuance of which the right of claim as a property asset is transferred (recounted) from the virtual account of the payer to the virtual account of the recipient of funds. As the Law indicates, funds are accounted for in favor of the recipient of funds without opening a bank account (part 3 of article 5). This transaction outwardly resembles the assignment of the right of claim. However, the transfer of electronic money cannot be considered a simple assignment of the right of claim. Like non-cash money, electronic money is a right of claim of a special kind, "abstract, unconditional and not limited in time" and belongs to the client, in contrast to the usual right of claim, on an absolute right - the right of ownership. In addition, the rules on settlement obligations are applied to such a transaction, and not the rules of the Civil Code of the Russian Federation on cession. In this case, the legal mechanism of transfer is similar to the legal mechanism for transferring non-cash money, with the difference that electronic money is transferred without a bank account, and these types of transfers constitute separate forms of non-cash payments, which entails the application of different rules for making payments.

Law No. 161-FZ (part 8 of article 7) establishes the ability to transfer electronic money between clients of different electronic money operators, but the procedure for such a transfer is not regulated. In this case, the legal mechanism differs from the one described, then part of the actions for the execution of the settlement transaction is entrusted, with the consent of the client, to a third party - another operator of electronic money. Two options are possible here: the client transfers electronic money to his virtual account with another operator (in this case, the client needs to conclude an agreement with this operator), or the client transfers electronic money to another person who is a client of another operator (in this case, the client does not need to conclude with another operator contract). An agreement must be concluded between operators for the transfer of electronic money, according to the terms of which they interact in the implementation of transfers of electronic money.

Thus, this view of the legal mechanism for the transfer of electronic money follows the theory of the transaction in the controversy between legal scholars about the legal nature of the debtor's actions to fulfill a civil obligation, at least with respect to non-cash payments, which, of course, have their own specifics in comparison with other obligations. The general rule of our approach is that if the subject of the transfer is money, i.e. monetary units accounted for using one of the legally recognized forms of money (cash, non-cash money, electronic money) and there is a directly named rule of law that this transfer is a form of non-cash payments, then this transfer will be carried out on the basis of a settlement obligation according to the rules stipulated by law and contract. If there is no such rule, and the transfer is an "unnamed" form of payment, as was the case with the transfer of electronic money before the adoption of Law No. 161-FZ, then the general provisions on the assignment of the right of claim and the transfer of debt apply. So, if funds are transferred under a loan agreement, the law does not establish any non-cash form of payments for borrowed funds, and the creditor can only cede his right to claim against the debtor by way of cession. If the funds are deposited into a bank account or transferred to the operator for the purpose of transferring electronic money, the law provides for special forms of non-cash payments, which are used in this case instead of assignment and transfer of debt.

It remains unclear whether it is possible to transfer electronic money under any condition (for example, under the condition that the counterparty submits certain documents confirming the fulfillment of the obligation), because the form of the letter of credit for the transfer of electronic money is not directly provided for by Law No. 161-FZ. We believe this is permissible by virtue of the freedom of contract (Article 421 of the Civil Code of the Russian Federation), if the provisions of such a letter of credit do not contradict the peremptory norms of the law.

An electronic money transfer is a two-way settlement transaction between a client and an electronic money operator, concluded on the basis of an agreement for the provision of payment services on the basis of a client's order, in pursuance of which the right of claim as a property asset is transferred (recounted) from the payer's virtual account to the recipient's virtual account funds.