Legal risks of the Webmoney payment system
Jean Valjean decided to retreat from the tradition of criminal law intimidation of system administrators. This time I will share the results of a small scientific research.
Habra is not a place to publish monographs. And because of this - quite telegraphically - about the risks involved in the elegant, but, in our opinion, extremely vulnerable concept of the “electronic money” of WebMoney Transfer Ltd.
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Thesis [WMT]:
“Title Badge” (internal system term) WMR is “electronic bearer check”
Antithesis [JeanValjean]:
"Electronic checks" does not happen. In the Russian legislation. Art. 149 of the Civil Code provides for a non-documentary form of fixing rights only for registered and order securities. As is known, modern Russian law contains a deviation from the international tradition of defining a check as an order paper: the Civil Code of the Russian Federation does not contain a mandatory requirement to indicate the name of the check holder on the check and allows circulation of bearer checks. “Electronic check to bearer” by virtue of the name is neither registered nor order securities.
Thesis [WMT]:
In the absence of a special law regulating payments by checks, the basis for establishing internal regulations on the form of a check for credit institutions are the norms of the Bank of Russia Regulation No. 222-P dated April 1, 2003 and the Bank of Russia Regulation of October 3, 2002 No. 2-P “On Cashless Payments In Russian federation".
Antithesis [JeanValjean]:
The Regulations on checks approved by the Decree of the CEC of the USSR, SNK of the USSR of November 6, 1929 (as amended by Resolution of the Council of Ministers of the USSR of 10/25/86 N 1272) are still not canceled. From the document it follows that the existence of a check is possible only in paper form: art. 1 "... the amount must be written by hand."
Perhaps the newspaper hacks requisites of this document will cause a smile, but not a lawyer. There are a number of fairly old Soviet documents that are successfully operating and are still in use. This is also because they were adopted in the context of the participation of the USSR in international conventions (cf. “Provisions on a bill of exchange and promissory note” of 1937 and the Geneva Conventions).
For example, the 1931 Geneva Convention, which establishes the Uniform Law on Checks, also contains indications that a check is a paper document: Art. 21 - “the holder in whose hands is the check”, Art. 37 "The drawer or holder may cross out the check ... The strikethrough is made by means of two parallel lines on the front side of the check," etc.
Thesis:
The operation of electronic payment systems does not violate Russian banking legislation.
Antithesis:
Electronic money is nothing more than records on accounts of the rights of money claims of the owners of these accounts to an organization — a payment system that does not have credit status. Therefore, the activity of such an organization carries risks associated with accusations of illegally engaging in banking activities: organizing and carrying out non-cash payments, and, incidentally, “issuing” non-cash money, more precisely, increasing the money supply in circulation.
The functioning of Internet payment systems may also violate Art. 27 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" prohibiting the release of cash surrogates in the Russian Federation.
Question: Jean, do you use webman yourself?
Yes, I pay for Skype and online purchases.
Question: And how abroad?
Europe on the path of migration of Internet payment systems towards the banking sector. USA - non-credit organizations were allowed to issue "electronic money". The National Bank of Ukraine, according to the press, following the recommendations of the European Central Bank, has banned the issue of "electronic money" to non-banks and introduced a number of additional restrictions. Separately stands Singapore, which announced a state monopoly on the issue of "electronic money".
UPD
Question: And how can this really threaten WebMoney users?
I think no. But in the place of the company's management, I would have refused the idea of ​​“electronic checks”, no matter how seductive it might seem.
To be continued …
Your,
Internet consultant Internet entrepreneurs, Jean Valjean
Habra is not a place to publish monographs. And because of this - quite telegraphically - about the risks involved in the elegant, but, in our opinion, extremely vulnerable concept of the “electronic money” of WebMoney Transfer Ltd.
')
Thesis [WMT]:
“Title Badge” (internal system term) WMR is “electronic bearer check”
Antithesis [JeanValjean]:
"Electronic checks" does not happen. In the Russian legislation. Art. 149 of the Civil Code provides for a non-documentary form of fixing rights only for registered and order securities. As is known, modern Russian law contains a deviation from the international tradition of defining a check as an order paper: the Civil Code of the Russian Federation does not contain a mandatory requirement to indicate the name of the check holder on the check and allows circulation of bearer checks. “Electronic check to bearer” by virtue of the name is neither registered nor order securities.
Thesis [WMT]:
In the absence of a special law regulating payments by checks, the basis for establishing internal regulations on the form of a check for credit institutions are the norms of the Bank of Russia Regulation No. 222-P dated April 1, 2003 and the Bank of Russia Regulation of October 3, 2002 No. 2-P “On Cashless Payments In Russian federation".
Antithesis [JeanValjean]:
The Regulations on checks approved by the Decree of the CEC of the USSR, SNK of the USSR of November 6, 1929 (as amended by Resolution of the Council of Ministers of the USSR of 10/25/86 N 1272) are still not canceled. From the document it follows that the existence of a check is possible only in paper form: art. 1 "... the amount must be written by hand."
Perhaps the newspaper hacks requisites of this document will cause a smile, but not a lawyer. There are a number of fairly old Soviet documents that are successfully operating and are still in use. This is also because they were adopted in the context of the participation of the USSR in international conventions (cf. “Provisions on a bill of exchange and promissory note” of 1937 and the Geneva Conventions).
For example, the 1931 Geneva Convention, which establishes the Uniform Law on Checks, also contains indications that a check is a paper document: Art. 21 - “the holder in whose hands is the check”, Art. 37 "The drawer or holder may cross out the check ... The strikethrough is made by means of two parallel lines on the front side of the check," etc.
Thesis:
The operation of electronic payment systems does not violate Russian banking legislation.
Antithesis:
Electronic money is nothing more than records on accounts of the rights of money claims of the owners of these accounts to an organization — a payment system that does not have credit status. Therefore, the activity of such an organization carries risks associated with accusations of illegally engaging in banking activities: organizing and carrying out non-cash payments, and, incidentally, “issuing” non-cash money, more precisely, increasing the money supply in circulation.
The functioning of Internet payment systems may also violate Art. 27 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" prohibiting the release of cash surrogates in the Russian Federation.
Question: Jean, do you use webman yourself?
Yes, I pay for Skype and online purchases.
Question: And how abroad?
Europe on the path of migration of Internet payment systems towards the banking sector. USA - non-credit organizations were allowed to issue "electronic money". The National Bank of Ukraine, according to the press, following the recommendations of the European Central Bank, has banned the issue of "electronic money" to non-banks and introduced a number of additional restrictions. Separately stands Singapore, which announced a state monopoly on the issue of "electronic money".
UPD
Question: And how can this really threaten WebMoney users?
I think no. But in the place of the company's management, I would have refused the idea of ​​“electronic checks”, no matter how seductive it might seem.
To be continued …
Your,
Internet consultant Internet entrepreneurs, Jean Valjean
Source: https://habr.com/ru/post/69936/
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