Елена Самтынова
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Рабочая группа депутатов нижней палаты парламента под руководством заместителя Председателя Госдумы Ирины Яровой подготовила пакет законопроектов, целями которых обозначены усиление парламентского контроля в финансовой сфере по предоставлению банковских услуг и услуг по страхованию, а также пресечение правонарушений при банкротстве финансовых организаций. Об основных направлениях законодательных инициатив парламентарий рассказала на заседании Совета Госдумы.
В частности, разработан комплекс мер, направленных на дополнительную защиту прав граждан при заключении договоров страхования со страховыми компаниями. Например, предлагается сделать обязательным условие о включении во все договоры страхования информации о размере страховой премии, которую страхователи платят страховщикам.
Напомним, под страховой премией понимается плата за страхование, которую страхователь (выгодоприобретатель) обязан уплатить страховщику в порядке и в сроки, которые установлены договором страхования (ч. 1 ст. 954 ГК РФ). Вместе с тем к существенным условиям договора страхования достижение соглашения о размерах страховой премии действующим законодательством не отнесено (ст. 942 Гражданского кодекса). Также планируется усилить банковский контроль за использованием средств компенсационного фонда саморегулируемых организаций в целях предотвращения рисков выведения денег со счетов.
Предложение о неминуемой уголовной ответственности должностных лиц за преднамеренное или фиктивное банкротство кредитных и страховых организаций независимо от суммы причиненного ущерба, вероятно, предполагает внесение специальных квалифицированных составов в соответствующие ст. 196-197 Уголовного кодекса. «Опасность такого преступления и ответственность за него должны быть соразмерны,» – отметила заместитель Председателя Госдумы.
Изменения могут коснуться и вопросов полномочий Банка России. Авторы инициативы рассчитывают установить ряд обеспечительных мер применительно к выводу активов из страны, а также ограничение права на выезд контролирующего лица. Решение суда в этом случае должно быть основано на соответствующем заявлении Банка России.
Помимо этого, контроль за финансовым рынком предлагается повысить путем предоставления Банком России проекта основных направлений развития финансового рынка в Госдуму ежегодно, а не один раз в три года, как предусматривается действующей редакцией ст. 45.3 Федерального закона от 10 июля 2002 г. № 86-ФЗ «О Центральном банке Российской Федерации (Банке России)». Планируется скоординировать порядок получения запрашиваемой информации за подписью председателя Банка России. Ожидается, что ответы на такие запросы руководителями федеральных правоохранительных органов будут подписываться ими лично.
Ирина Яровая сообщила, что законопроекты будут внесены на рассмотрение Госдумы в ближайшее время.
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