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Imagine a situation: it's hard for an elderly woman to go to the store herself. She asks her grandson to do some shopping. In order for him to pay, she gives him her bank card, to which the pension comes, and tells him the PIN code. A teenager comes to the supermarket, takes milk and bread from the shelves. But the cashier sees that a woman's name is on the card and refuses to sell the products.
Or events may unfold differently. The grandson buys not only milk and bread with his grandmother's money, but also a new computer game . And then the old lady discovers that she has nothing to pay for electricity. But after all, she gave the card herself. So it's her own fault. Or not?
Let's figure out the nuances.
This is considered a violation of the rules for the use of banking products. For example, the central district court of Kemerovo in its decision indicates Solution No. 2-8448/2015 2-8448/2015 ~M‑8130/2015 M‑8130/2015 dated November 24, 2015 in case No. 2-8448/2015 / Central District Court of Kemerovo that the card is a personal payment document that can be used by one person — its owner.
Similar position About unauthorized transactions with payment cards / Bank of Russia adheres to the Central Bank. Therefore, he does not recommend providing access to the card and PIN code to anyone, even relatives.
Additionally, each bank fixes the obligation to keep the card with them in the service agreement signed by the client. For example, "Tinkoff" says this in paragraph 3.3.10 Terms of comprehensive banking services for individuals / Tinkoff of the agreement, at Alfa‑Bank — in clause 18.2.16 Complex banking service Agreement / Alfa‑Bank applications 4.
However, there are no special punishments for this violation. All you need to remember is this: if you have transferred the card to another, and he somehow spent your money incorrectly, it is useless to complain to the bank. They will refer to the fact that you did not comply with the terms of the contract. And they, by the way, warned! Therefore, the bank washes their hands and will not talk to you about any refund of funds. And if the card is used for criminal purposes , law enforcement agencies may have questions — it is also in your name.
In general, to summarize: it is impossible to transfer a bank card to anyone. But the consequences for you will arise only if your proxy deceives you. It will be difficult to get back what you lost, you will have to solve the issue with the involvement of the police.
From this side, the situation looks more complicated. To begin with, the store may simply not accept someone else's card, and they will be absolutely right. This position is held by the courts Solution No. 2-8448/2015 2-8448/2015 ~M‑8130/2015 M‑8130/2015 dated November 24, 2015 in case No. 2-8448/2015 / Central District Court of Kemerovo .
But refusal is half the trouble. It's enough just to leave the purchases and leave. However, a vigilant cashier may suspect the buyer of stealing the card and call the police. Even if the situation clears up later, spending a few hours with representatives of the law is not the best leisure.
It is also important here what the money is spent on. The Eighth Court of Cassation of General Jurisdiction notes Review of judicial practice in criminal cases of the Eighth Cassation Court of General Jurisdiction No. 1 / Eighth Cassation Court of General Jurisdiction : even if the card and PIN code are transferred to a third party, this does not give him the right to dispose of the money at his discretion. So, if the owner of the plastic has claims about where the funds have gone, this may become the basis for bringing the embezzler to justice.
That is, the consequences for someone who took someone else's card can be much more unpleasant than for its owner.
The answer suggests itself. It would be better for the owner of the card not to give it to anyone, and not to take it to his relatives. This is, in general, a normal rule of financial hygiene. Using someone else's toothbrush does not occur to anyone. Moreover, now it is allowed to transfer up to 100 thousand rubles per month by phone number without commission, so you can simply transfer the necessary amounts to each other if necessary.
However, there are situations when the cardholder cannot cope with this. For example, we are talking about an elderly person who has not mastered either the use of an ATM or online banking. In this case, you can help with purchases. But it is better to act so that there are no questions later: take everything strictly according to the list and collect checks.
