Bankers are being drawn into social conflict

The government continues to try to consolidate the banks function controller business. This week the Verkhovna Rada may oblige banks to control the payment of social contributions from employers in payment of wages and pay a penalty for failure to list all the social insurance funds. Bill number 6116 aims to strengthen payment discipline in the payment of contributions to social insurance funds. The document envisages that banks will accept money orders from insurers on the issue of salaries and issuing funds only on condition of simultaneous presentation of documents on payment of the amounts of insurance premiums or documents for their transfer. In the case of non-banking institutions, this requirement they own expense will be required to pay social insurance funds in the required amount to the right of recourse to recover funds to policyholders. In the event of untimely transfers of insurance premiums, fines, financial penalties banks would pay interest at a rate 0.1% (but no more than 10%) of the amounts required for each day of delay. Despite the fact that a complete surprise to the bankers, the initiative did not (yet previously instructed banks to monitor timeliness of payment sotsvznosov the Pension Fund in the amount of 1 / 3), the bill still brings in some of their activities, both positive and negative innovations. "A positive phenomenon can be called a direct binding in law norms on the right of recourse to the drawee bank, which occurs when a bank is obliged to pay fees at their own expense," - explains Dmitry Bogatyrev, head of legal methodology and normative support "VAB Bank . Earlier, the lawyer added, the occurrence of such a right had to prove on the basis of a number of other rules. The innovation is the fact that contributor will now have the choice: submit to the bank documents confirming payment of contributions (as established by now), or to provide documents for transfer fees in conjunction with the payment order for the payment of salaries. But, alas, the cons of the bill outweighed the pluses. One of the negative side, in their opinion, is the introduction of the responsibility of banks to transfer funds for the late contributions in the form of fines. "This could lead to a host of disputes between banks, funds and taxpayers in terms of determining the amount of penalties and in fact establishes a dual responsibility of banks for this infraction" - predicts Yaretsky Alexander, Director of Legal Department, "Erste Bank". He recalled that the law on payment systems and money transfers in Ukraine "also establishes the responsibility of banks to the payer in the form of penalties for failure to implement the customer's order. This means that for one violation banks will be responsible both to funds and to policyholders and clients. Fear the bankers and the alleged involvement of the draft social insurance funds on a par with the NBU in determining the order of enumeration banks sotsvznosov. Such a rule is likely to contribute to the fact that banks will not only perform supervisory functions in the payment of contributions, but also for calculation correctness of such amounts. In general, a rearrangement of the functions of the state bankers have become accustomed, but the trend does not please them. "The legislation has already been created and continues to deepen a tendency, when the state increasingly sought to use the banking system as an instrument of state control", - complains Dmitry Bogatyrev. In the efficiency of the law experts do not believe too much, believing that its adoption will lead to more conflicts with clients, rather than to a real increase in the payment discipline of paying sotsvznosov. On materials Economic News