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MERICAN Journal of Public Diplomacy and International Studies
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grnjournal.us
recipient (collector) of funds to the payer's account through the bank serving the recipient
(collector).
Payment claims
are settlement documents expressing the request of the creditor (recipient of
funds) from the debtor (payer of funds) to pay a certain amount of money through the bank on
the basis of the contract.
Payment requirements are used for payments for goods delivered,
works performed, services
rendered, in other cases stipulated by the main contract.
Settlements with payment claims can be made without prior acceptance or receipt of funds by the
payer.
Payment requests without the payer's acceptance are made in the following cases:
if the original written response of the debtor on the recognition of the amount of the claim is
attached to the application. The addition of other documents to the application (the protocol
of reconciliation of accounts receivable and accounts payable,
the act of completed works
(services, etc.)) cannot be the basis for writing off without acceptance. Taking into account
that the record of reconciliation of accounts receivable and accounts payable cannot be the
basis for writing off funds without acceptance, the letter of the payer of funds, in addition to
confirming the amount of the objection, must contain the explicit consent of the recipient of
funds to remove this amount from his account with a request for payment.
by banks - to the bank servicing the main account of the payer of funds,
in case of late
repayment of debt on loans by the payer of funds; in this case, the banks servicing the
debtor's
secondary accounts, in case of insufficient funds in his account, the bank becomes
the recipient of funds and sends a payment request to the debtor's main account in another
bank.
This provision is relevant, because in practice, executing banks refused to accept
payment applications from creditor banks without acceptance,
since accepting payment
applications from other creditors would be impractical for them if the executing banks
themselves are creditors.
in other cases established by law.
Banks do not seriously consider the objections of payers about debiting funds from their
accounts without acceptance.
Acceptance of the payment application must be completed by the payer of funds or the payer of
funds, depending on the location of his claim, within three or ten working days, not counting the
date of receipt of settlement documents. The payer has the right to partially or completely refuse
to accept the payment request during this period. The refusal to pay is made in the prescribed
form. Refusal of acceptance may be partial or complete.
In case of partial refusal, payment is
made within the recognized part of the acceptance. Banks do not consider the justification
(reasons) for refusing to accept a payment request, as well as disputes regarding the purposes of
the refusal.
If the acceptance of the payment request is not received on time, it is
considered accepted and
payment is required (default acceptance).
If the payment order cannot be signed by the payer's representative due to the absence of the
client, the bank has the right to return the payment order to the recipient's bank without execution
after 10 working days, marked "Not executed due to the absence of the client". in the upper left
corner. At the same time, if during this period the payer's account
numbers in this bank were
debited by his order (including by issuing cash), the recipient of funds will meet the established
requirements for opening account numbers in the payer's bank, crediting funds and debiting from
customer accounts has the right to levy a fine in accordance with the regulations on the
procedure application of fines to commercial banks (list No. 1044-3, 25.09.2019) for violation of
the procedure for issuing cash for wages and other needs provided for by law.