PROBLEMS OF DEBT COLLECTION LEGAL REGULATION
Rubrics: CIVIL AND FAMILY LAW. BUSINESS LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
10.10.2016
Accepted:
10.10.2016
Published:
10.10.2016
Language:
Russian
Keywords:
collection activities, debt recovery, collection agency, consumer loan, assignment of rights (claims), arrears.
Abstract (English):
The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.
The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.
Keywords:
collection activities, debt recovery, collection agency, consumer loan, assignment of rights (claims), arrears.
collection activities, debt recovery, collection agency, consumer loan, assignment of rights (claims), arrears.
1. Frantseva V. S kollektorov vzyshchut po-tovarishcheski.. Kommersant´´. 2016. 1 marta.
2. Ekonomika i zhizn´ (Bukhgalterskoe prilozhenie). 2014. 28 noyab. № 47.
