Bank Secrecy Law - in Russian legislation there is no legal act with that name. From our article you will learn about the existing normative documents domestic legislation related to banking secrecy.

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» dated 02.12.1990 No. 395-1, according to which the non-disclosure by employees of a credit organization of information regulated by law is recognized as banking secrecy:

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

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

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

To whom the information constituting banking secrecy is available is shown in the following diagram:

Information is issued by bankers upon special requests, which are drawn up in a special manner, described in Art. 26 of law No. 395-1. Only the depositors themselves (account holders), as well as a certain circle of officials, as part of the performance of their duties, are entitled to request information.

In addition to Art. 26, which is described in this section, in Russian legislation there is another fully devoted bank secrecy article We will talk about it in more detail in the next section.

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

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

bank account and contribution;
account transactions;
information about the client.

P. 2 Art. 857 of the Civil Code of the Russian Federation in a condensed form reflects the provisions of Art. 26 of the Banking Law and establishes that information constituting banking secrecy may be provided:

the clients themselves or their representatives;
in the office credit histories;
state bodies (in exceptional cases in the manner prescribed 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 banking secrecy) to demand compensation from bankers for losses incurred.

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 the disclosure of information constituting banking secrecy and incorrect handling of information about bank customers.

According to Art. 183 of the Criminal Code of the Russian Federation guilty of disclosing bank secrecy can 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 of illegally obtaining and disclosing bank secrets. This article provides for responsibility:

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

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

If, through the fault of the bank, there is a leak of information constituting bank secrecy, the affected account holders and depositors in this case have the right to demand compensation from the bank for damages (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 banking secret may occur under Art. 13.14 and 13.11 of the Code of Administrative Offenses:

under Art. 13.14 - for disclosure of information, access to which is limited by federal law (except in cases where criminal liability arises), 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, credit bureaus, 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 bank customers under a fine of 500 to 10,000 rubles. any users of banking secrecy who have committed such a violation can get into it.

Results

concept banking secrecy in Russian law deciphered in the Civil Code of the Russian Federation and the law "On Banking". Information constituting banking secrecy may be available only to the depositors themselves and is disclosed to other persons in exceptional cases upon special requests.

Official text:

Article 857. Banking secrecy

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

2. Information constituting bank secrecy may be provided only by the clients themselves or their representatives, as well as submitted to credit history bureaus on the grounds and in the manner prescribed by law. Such information may be provided to state bodies and their officials only in cases and in the manner prescribed by law.

3. In the event that the bank discloses information constituting bank secrecy, the client, whose rights have been violated, has the right to demand from the bank compensation for the losses caused.

Lawyer's comment:

Paragraph 1 of this article determines the scope of information constituting bank secrecy. This information applies only to bank account and bank deposit agreements. More broadly, the concept of banking secrecy is established in Article 26 of the Banking Law. Based on its literal interpretation, we can conclude that the bank is obliged to keep secret not only on account and deposit operations, but also on other operations of its customers carried out on the basis of other agreements: credit, leasing, factoring, etc. In addition, in the paragraph 1 of Article 26, it is allowed for the bank to extend the regime of bank secrecy to other information, if this does not contradict the Federal Laws. It seems that banking secrecy should be understood as information relating exclusively to customers credit organizations. Information relating to the bank as a commercial organization is protected in the manner prescribed for trade secrets.

Information about transactions on accounts is provided to customers in the form of extracts from the personal account. Account holders (one of them) have the right to demand that they be provided with an extract outside the procedure for issuing them established by the parties. In other cases, changing the procedure for issuing account statements is possible only with the permission of the chief accountant, his deputy, head of the bank department (clause 2.1 of section 2 of part 3 of the Rules for maintaining accounting in credit institutions located in the territory Russian Federation). The list of state bodies to which banks are obliged to provide information constituting bank secrecy is defined in Article 26 of the Banking Law. Depending on the category of client, the circle of bodies entitled to receive such information also differs.

This list is not exhaustive. Laws may provide for other cases. In particular, in accordance with paragraph 4 of Article 6 of the Law on Combating Money Laundering, the bank is obliged to provide the authorized body with information on operations on the client's bank accounts. The responsibility of the bank for the disclosure of bank secrecy is established in the form of compensation for losses (both real damage and lost profits). Clients - individuals have the right to demand compensation for non-pecuniary damage for the disclosure of bank secrecy under a bank deposit agreement on the basis of Article 15

1. The Bank guarantees the secrecy of the bank account and bank deposit, transactions on the account and information about the client.
2. Information constituting bank secrecy may be provided only by the clients themselves or their representatives, as well as submitted to credit history bureaus on the grounds and in the manner prescribed by law. Such information may be provided to state bodies and their officials only in cases and in the manner prescribed by law.
3. In the event that the bank discloses information constituting bank secrecy, the client, whose rights have been violated, has the right to demand from the bank compensation for the losses caused.

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

1. The obligation to keep banking secrecy applies to credit institutions, the Central Bank of the Russian Federation and audit organizations.

2. Credit organizations guarantee the secrecy of information about accounts and deposits, operations on accounts and deposits, information about their clients (clause 1 of article 857 of the Civil Code) and correspondents, as well as other information established by a credit organization, if this does not contradict federal law ( article 26 of the Banking Law). Thus, a credit institution is not obliged to keep secret information about counterparties of its customers, as well as other information that is not directly related to bank account(other than information about the client), if she has not assumed such obligations. Information constituting bank secrecy must be obtained by a credit institution in the course of its banking operations and other transactions under Art. 5 of the Banking Law.

No restrictions for distribution legal regime bank secrecy to other information (Article 26 of the Banking Law) federal law does not contain. However, given that banking secrecy is a special kind of commercial secret, in this case one should be guided by the Decree of the Council of Ministers of the Russian Federation of December 5, 1991 N 35 "On the list of information that cannot be trade secret"(SP RF. 1992. N 1 - 2. Art. 7). The requirements of this regulatory act should also be taken into account when determining the amount of information included in the concept of "information about clients and correspondents." This may include any data on legal, social, family, etc. status of the client, except for those listed in the Decree of the Council of Ministers of the Russian Federation dated December 5, 1991 N 35. For example, information about the client having a minor child, for the maintenance of which he regularly transfers money, should be included in the concept banking secrecy.

3. In addition to the information specified in paragraph 2, the Central Bank of the Russian Federation is not entitled to disclose information about accounts, deposits, specific transactions and operations received by it from the reports of credit institutions or as a result of the performance of licensing, supervisory and control functions, with the exception of cases provided for by federal laws.

4. Audit 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 audits, except as otherwise provided by federal laws.

5. The Civil Code obliges credit institutions, the Central Bank of the Russian Federation and audit organizations not to disclose the information they receive.

The Civil Code determines the procedure and conditions for the provision of this information by credit institutions to third parties without the consent of their customers. In accordance with paragraph 2 of this. articles and art. 26 of the Banking Law legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued to them (as well as their representatives), courts and arbitration courts(judges). the Accounts Chamber of the Russian Federation, state authorities tax service and tax police customs authorities RF - in cases stipulated by legislative acts on their activities, as well as with the consent of the prosecutor - to the bodies of preliminary investigation in cases that are in their production.

Information on accounts and deposits individuals are issued by the credit institution to itself (as well as to their representatives), to the courts, and, if the prosecutor has the consent, to the bodies of preliminary investigation in cases being processed by them.

Certificates on accounts and deposits in the event of the death of their owners are issued to persons indicated by the owner of the account or deposit in the testamentary disposition made by the credit institution, to notary offices - on inheritance cases pending in their proceedings on the deposits of deceased depositors, and in respect of accounts foreign citizens- foreign consular offices.

6. Given that the investigating authorities may receive information constituting bank secrecy, in the presence of an initiated criminal case, the provision of information by credit institutions on the basis of Art. 109 Code of Criminal Procedure, Art. 11 of the Law of the Russian Federation of April 18, 1991 "On the Police" (Vedomosti. 1991. N 16. Art. 503).

7. The conditions for providing customs authorities with information about legal entities that are included in the concept of bank secrecy are determined by clause 6 of the Regulations on the State Customs Committee of the Russian Federation, approved by Decree of the President of the Russian Federation of October 25, 1994 N 2014 (SZ. 1994. N 27. Art. 2855 ) and Art. 336 of the Labor Code of the Russian Federation. The State Customs Committee of the Russian Federation has the right to demand from credit institutions the submission of documents and information necessary for the performance of the tasks and functions assigned to it. The official of the customs body of the Russian Federation, in the production or consideration of which is a case of violation customs regulations, has the right to demand the documents necessary for the proceedings on the case or its consideration.

The procedure for submitting information on transactions and accounts of legal entities in tax authorities provided for by Art. 15 of the Fundamentals Act tax system, as well as the letter of the Ministry of Finance of the Russian Federation dated January 17, 1994 N 5 "On the procedure for submitting information to the tax authorities." The obligation of banks to provide this information in relation to individuals is not established by the laws of the Russian Federation.

8. For the disclosure of bank secrecy by the Central Bank of the Russian Federation, credit and audit organizations may be held liable in the form of compensation for losses. In addition, the client has the right to demand compensation for non-pecuniary damage in the manner prescribed by Art. Art. 151 and 152 of the Civil Code. Their officials and other employees bear disciplinary, and in the presence of the corresponding corpus delicti - criminal liability.

Article 858. Restriction on the disposal of an account

Another commentary on Article 857 of the Civil Code of the Russian Federation

1. One of the obligations of the bank under the bank account agreement is the obligation to guarantee the secrecy of the bank account, account transactions and information about the client. This information constitutes banking secrecy. In accordance with Art. 26 of the Banking Law, banking secrecy also includes information about correspondents of bank customers.

The obligation to keep banking secrecy lies not only on the bank, but also on its employees, as well as on other persons (on audit and other organizations, on the authorized body that takes measures to combat the legalization (laundering) of proceeds from crime, on their officials and employees, etc.), due to the performance of their professional duties, who received information constituting bank secrecy.

2. The client himself or his representative may disclose information constituting banking secrecy. The Bank may submit information constituting bank secrecy to credit bureaus. The law may provide for cases when the bank may provide such information government bodies and their officials. The procedure for issuing bank statements on accounts and other information to interested parties is provided for in Art. 26 of the Banking Law. The Bank issues certificates on accounts to clients, courts, arbitration courts, the Accounts Chamber, tax and customs authorities, authorities for the enforcement of acts in cases provided for by legislative acts on their activities, and, if the head of the investigative authority has the consent, to the preliminary investigation authorities in cases under investigation. their production.

In addition, the obligation to provide information constituting bank secrecy may be provided for by other laws. So, paragraph 1 of Art. 25 of the Law on Protection of Competition obliges commercial organizations, and hence banks, including, to submit documents and information, including those constituting a secret protected by law, to the antimonopoly authority at its motivated request, based on the powers vested in it. At the same time, the Bank of Russia, by virtue of paragraph 2 of Art. 25 of the Law on Protection of Competition is not obliged to disclose banking secrecy at the request of the antimonopoly authority.

3. If the bank has divulged information constituting bank secrecy, the client may demand from the bank compensation for the losses incurred, as well as compensation for moral damage in accordance with Art. 151 - 152 of the Civil Code. If the bank allows a delay in compensation for losses, then from the moment the court decision on their compensation comes into force, unless another period is provided for in the law, the creditor has the right to accrue interest on the amount of losses in accordance with paragraph 1 of Art. 395 GK. Interest is also accrued if the obligation to pay monetary compensation is established by agreement of the parties (clause 23 of the Resolution of the Supreme Court and the Supreme Arbitration Court No. 13/14).

In addition, Art. 183 of the Criminal Code provides for criminal liability for the disclosure of bank secrecy, and employees may be subject to disciplinary liability.

Responsibility for the disclosure of banking secrecy lies not only with the bank, but also with other persons who, by virtue of the performance of their professional duties or vested powers, have gained access to information constituting banking secrecy (see, for example, Article 26 of the Law on Protection of Competition).

4. The rules on bank secrecy also apply to relations under a bank deposit agreement. The obligation to preserve it lies with the credit and other organizations, as well as with the organization that carries out compulsory insurance deposits.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. 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".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. 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 path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

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

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it 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 an object potentially achievable for the system in relation to which the inversion of the observation and control channels is possible.

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

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, 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 randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, inside the universe looks like a black hole.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using 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, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the “internal observer”, 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 outside.

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

1. The Bank guarantees the secrecy of the bank account and bank deposit, transactions on the account and information about the client.

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

3. In the event that the bank discloses information constituting bank secrecy, the client, whose rights have been violated, has the right to demand from the bank compensation for the losses caused.

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

2. The client himself or his representative may disclose information constituting banking secrecy. The Bank may submit information constituting bank secrecy to credit bureaus. The law may provide for cases when the bank may provide such information to state bodies and their officials. The procedure for issuing bank statements on accounts and other information to interested parties is provided for in Art. 26 of the Banking Law. The Bank issues certificates on accounts to clients, courts, arbitration courts, the Accounts Chamber, tax and customs authorities, authorities for the enforcement of acts in cases provided for by legislative acts on their activities, and, if the head of the investigative authority has the consent, to the preliminary investigation authorities in cases under investigation. their production.

In addition, Art. 183 of the Criminal Code provides for criminal liability for the disclosure of bank secrecy, and employees may be subject to disciplinary liability.

4. The rules on bank secrecy also apply to relations under a bank deposit agreement. The obligation to preserve it lies with the credit and other organizations, as well as the organization that provides mandatory deposit insurance.

Judicial practice under Article 857 of the Civil Code of the Russian Federation

Determination of the Constitutional Court of the Russian Federation of September 27, 2018 N 2304-O

OF THE FEDERATION, ARTICLE 1 OF THE CIVIL CODE

OF THE RUSSIAN FEDERATION AND PART OF THE FIRST ARTICLE 26 OF THE FEDERAL

LAW "ON BANKS AND BANKING"

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, O.S. Khokhryakova, V.G. Yaroslavtsev,

Determination of the Constitutional Court of the Russian Federation of October 25, 2018 N 2585-O

RIGHTS BY PARAGRAPH 2 OF THE RUSSIAN CIVIL CODE

OF THE FEDERATION AND PART EIGHT OF SECTION 26 OF THE FEDERAL LAW

"ABOUT BANKS AND BANKING"

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, O.S. Khokhryakova, V.G. Yaroslavtsev,

Determination of the Supreme Court of the Russian Federation of October 30, 2017 N 305-KG17-15881 in case N A40-188163 / 2016

The courts, guided by articles 198, 201 of the Arbitration Procedure Code, articles 19, 60 of the Constitution of the Russian Federation, articles , , , , , Civil Code of the Russian Federation, article 8 of the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights", article 5 federal law dated December 21, 2013 N 353-FZ "On consumer credit(loan)" (hereinafter referred to as the Law on Consumer Credit), came to the conclusion that the disputed submission complies with the provisions of the current legislation, does not violate the rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activity.

Ruling of the Supreme Court of the Russian Federation of March 11, 2019 N 305-ES19-147 in case N A40-32894/2017

Satisfying the application, the court of first instance was guided by the provisions of Articles of the Civil Code of the Russian Federation, Articles 15, 20.3, 213.9 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)", Article 26 of the Federal Law of December 2, 1990 N 395-1 "On Banks and Banking Activities" and proceeded from the violation of the disputed decision of the rights and legitimate interests of the debtor.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated November 6, 2018 N 14-KG18-47

Court of Appeal, evaluating paragraph 4.2.5 loan agreement as void, pointed out that the assignment of a claim under an obligation in which the identity of the creditor is essential for the debtor is not allowed without the consent of the debtor (paragraph 2 of the article, article of the Civil Code of the Russian Federation).

Legislation

Information letter of the Bank of Russia dated 07.08.2019 N IN-014-56/66"On improving the efficiency of the implementation of measures to counter the implementation of money transfers without the consent of the client"
Decree of the Government of the Russian Federation of August 6, 2019 N 1752-r On participation on a gratuitous basis in the activities of the Board of Directors of NM-Tech LLC"
Decree of the Government of the Russian Federation of 08/06/2019 N 1755-r"On the transfer of real estate objects to the Gazprom Social Initiatives Support Fund as a property contribution of the Russian Federation"
Decree of the Government of the Russian Federation No. 1749-r dated August 5, 2019 On nominating candidates for election as representatives of the Russian Federation to the Board of Directors and the Audit Commission of the Okeanpribor Concern Joint-Stock Company (St. Petersburg)
Decree of the Government of the Russian Federation of August 3, 2019 N 1740-r On the definition of a joint-stock company"Russian Electronics" is the sole executor of the procurement of modular structures (modular complex) carried out by the federal state state institution "Directorate for the construction and operation of facilities of the Russian Border" in 2019
Decree of the Government of the Russian Federation of 03.08.2019 N 1737-r"On Amendments to the Decree of the Government of the Russian Federation of 08.02.2017 N 227-r" "Mordovia Airlines" for lease without bidding being in federal ownership real estate"
Order of the Government of the Russian Federation of June 29, 2011 N 1102-r (as amended on August 2, 2019) On the appointment of representatives of the Russian Federation to the board of directors and the audit commission of the open joint-stock company "Novorossiysk Commercial Sea Port" (Novorossiysk)"