Artur Zurabian | A commentary for Advokatskaya Gazeta: The Constitutional Court: If an individual does not have residence registration, it may not lead to denial of a bank account
As the Court explained, in order to receive banking services, an individual can justify the objectivity and validity of the reasons for the absence of residence registration and confirm the data on the place of residence (stay) in another way.
Artur Zurabian, an advocate and head of the Dispute Resolution and International Arbitration Practices of ART DE LEX, notes that the provisions of the legislation on the need to be registered at the place of residence or temporary stay have repeatedly been reviewed by the Constitutional Court. «In the analyzed decision, the Constitutional Court continued the line of clear distinction between the right to free movement within the territory of the Russian Federation, enshrined in the Constitution, and the need to confirm the fact of residence or temporary stay in a certain dwelling for the performance of certain public law functions,» he believes.
According to the expert, in this case the obligation to establish the place of residence of an individual follows from the Law on Combating Money Laundering and the Financing of Terrorism. «Undoubtedly no one can fully participate in civil turnover in today's world without banking products, and restrictions on the right to receive such products must have serious grounds. The intention of the said law does meet such criteria. That is why the Constitutional Court of the Russian Federation confirmed the constitutionality of the norm requiring credit organizations to establish the place of residence/location of the person who applied for a financial service, as part of the identification procedure of such person, and providing for the denial of services to persons for whom such procedure is not passed», explains Artur Zurabian.
More details: https://www.advgazeta.ru/novosti/ks-otsutstvie-u-grazhdanina-registratsii-ne-vlechet-otkaz-v-otkrytii-bankovskogo-scheta/
