OREANDA-NEWS. On November 07, 2007 representatives of the Federal Antimonopoly Service (FAS Russia) took part in the meeting held by Deputy Chairman of the Government of the Russian Federation, A. Kudrin, on the issue of accepting payments for communication and housing and utilities services from the population, reported the press-centre of FAS Russia.

FAS Russia's representatives stated that currently around 10% of the payments for communication, housing and utilities services are made through the banks and 90% - using the instant payment systems, regardless relatively high commission charges (3-5 %) compared to the bank commission (0,5-1,5 %), which is due to considerable payment convenience and wide access to the payment outlets (around 210 000).

FAS Russia is concerned that enforcement of № 140-FZ Federal Law of 14.07.2006 "On Introducing Amendments to the Federal Law "On Banks and Banking" and Article 37 of the Law of the Russian Federation "On Consumer Protection Rights" in the context of № 1842-U Instruction of the Bank of Russia of 20.06.2007 coming into force on 12th November 2007 has resulted in a discussion on legitimacy of using agency (sub-agency) agreements between commercial organizations, involved in taking payments from the population, with the payment beneficiaries.

Members of the meeting emphasized legal uncertainty and different approaches to comprehensive interpretation of Articles 1005 and 1009 of the Civil Code of the Russian Federation and № 140-FZ Federal Law of 14.07.2006.

At the same time many participants expressed the opinion that amendments to the Federal Law "On Banks and Banking" does not interfere with the system of accepting payments form the population under the agency agreements, and supported the position that simultaneous implementation of both the bank and the agency (sub-agency) models is lawful.

The decision was made to form a working group, which will develop proposals on adjusting the situation with the payment acceptance.

In follow-up of the meeting, the Head of FAS Russia Igor Artemyev said: "We do not forecast revolutionary changes to the established system of the payment acceptance; we are convinced in further developing this market on the basis of complete satisfaction of the people's needs".