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ISP fined for refusing to accept World cards that do not exist



Strange things are happening in the Russian state. Only in December 2015, individual banks began to test the issue of the national cards "World" , but as early as May 2015, the Rospotrebnadzor began to fine dealers for refusing to accept such cards.

The newspaper "Vedomosti" found in the card file of arbitration cases several trials between the Rospotrebnadzor and the merchants challenging the fines imposed by the controller for not accepting the "Mir" cards.

Four arbitration cases were found in the file, but only in one case the court upheld the decision on a fine of 30,000 rubles. A fine was imposed on the Internet provider "Nizhny Tagil computer networks" (NCC) in May 2015.
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As stated in court documents, the provider’s subscribers “are provided with a non-cash form of payment for services using Visa and MasterCard credit cards from the personal account of the network’s subscriber”, “which limits the circle of people who can access the provider’s non-cash form of payment, without providing national payment tools. "

In May 2015, the National Payment Card System (NSPK) has not yet issued a single card. Moreover, she had not yet chosen a name for these cards, and only held a competition for a brand.

The NCC provider filed a cassation complaint, but it was rejected.

The remaining three complaints were upheld by the courts, canceling the fines on the grounds that the World card does not yet exist. It is a logical decision.

In fact, there may be more fines, Vedomosti notes, because not everyone challenged in court the orders of the inspectors of the Rospotrebnadzor.

The law obliges outlets with a revenue of 120 million rubles. per year to accept the card "World". If the revenue is lower, but the company accepts other cards, its acquiring bank is obliged to connect it to the World. In February 2016, the Central Bank of the Russian Federation explained that banks must ensure acceptance of the “World until July 1, 2016” cards. Independent lawyers explained that “by virtue of the direct indication of the article in the Code of Administrative Offenses from January 1, 2015, the Rospotrebnadzor could have fined for violating the obligation to provide the possibility of payment with a national payment instrument.”

“The possibility to impose penalties before the release of these cards worried the market, but the NPCS assured bankers that the Federal Service for the Control of the Nation would not fine the outlets,” said one of the informed sources.

Source: https://habr.com/ru/post/393677/


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