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18/12/2024
Wednesday
THIS DAY IN HISTORY:
18 December 
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
18 December
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
Russian State Duma to restrict the flight of bankrupt bankers from country
The State Duma Committee on Security has discussed a draft law providing for the possibility of the financial regulator to restrict the top management of Russian banks in the right to leave the country. The norms of the bill, if adopted, will also be applied to the heads of insurance companies and private pension funds. The text of the document itself is planned to be submitted to the parliamentary session on April 5, 2022.
The problem of “flight” of financiers, due to fault of which credit institutions went bankrupt, was first raised in September 2016. The Chairman of the Central Bank discussed it at a meeting with the President of the Russian Federation, drawing attention to the withdrawal of assets abroad and the subsequent emigration of the heads of a number of banks. At the same time, the government and law enforcement agencies received an instruction from the head of state with a demand to consider legal possibilities for restricting the freedom of heads of organizations to leave the country.
However, back in mid-2018, the head of the Central Bank publicly stated that the idea of banning bankers from leaving the country and withdrawing assets had not been abandoned, and the regulator would continue to tighten the responsibility of those owners and top managers who caused credit institutions to go bankrupt or fall under the reorganization procedure.
For the first time, a draft law (No. 909902-7) was submitted for consideration by a group of State Duma deputies two years ago. However, the outbreak of the pandemic changed the working agenda. It was decided to postpone the discussion. As a result, it was not brought to the first reading in Parliament.
Under the effect of such a rule, both controlling persons, the head of the organization, and his deputy, chief accountant or other members of the collegial executive body who have had such a status for the last three years can fall. At the same time, according to the text of the bill, the judge may take preventive measures by restricting the exit of these persons until the court verdict on the administrative application is officially issued (within 24 hours after receiving the application). In this case, the judge is not obliged to notify the persons participating in the case.
The problem of “flight” of financiers, due to fault of which credit institutions went bankrupt, was first raised in September 2016. The Chairman of the Central Bank discussed it at a meeting with the President of the Russian Federation, drawing attention to the withdrawal of assets abroad and the subsequent emigration of the heads of a number of banks. At the same time, the government and law enforcement agencies received an instruction from the head of state with a demand to consider legal possibilities for restricting the freedom of heads of organizations to leave the country.
In the fall of 2018, Elvira Nabiullina complained that the topic of the ban was moving towards its implementation too slowly.
Attempts of the head of the Central Bank of the Russian Federation to reach out to colleagues from other departments and find a legal mechanism to restrict the possibilities for heads of Russia financial institutions to move abroad, without violating the constitutional right of citizens to move freely, turned out to be fruitless.However, back in mid-2018, the head of the Central Bank publicly stated that the idea of banning bankers from leaving the country and withdrawing assets had not been abandoned, and the regulator would continue to tighten the responsibility of those owners and top managers who caused credit institutions to go bankrupt or fall under the reorganization procedure.
For the first time, a draft law (No. 909902-7) was submitted for consideration by a group of State Duma deputies two years ago. However, the outbreak of the pandemic changed the working agenda. It was decided to postpone the discussion. As a result, it was not brought to the first reading in Parliament.
In the current version of the bill, it is supposed to empower the Central Bank with the right to apply to the court so that the head of the company will be restricted from leaving the country.
Such a measure will become possible within 180 days after a temporary administration is appointed in a bank, insurance company or NPF or an insolvency prevention plan is officially approved.Under the effect of such a rule, both controlling persons, the head of the organization, and his deputy, chief accountant or other members of the collegial executive body who have had such a status for the last three years can fall. At the same time, according to the text of the bill, the judge may take preventive measures by restricting the exit of these persons until the court verdict on the administrative application is officially issued (within 24 hours after receiving the application). In this case, the judge is not obliged to notify the persons participating in the case.
28.03.2022
