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Friday, April 13, 2018

“We’ve raised a monster”: the state Duma adopted in the first reading the bill anticollection


The state Duma adopted in the first reading the so-called antikollektorskie the draft law “On protection of rights and legitimate interests of individuals in the implementation of activities to repay debt”.

It provides for the introduction of the state register of collection agencies for fines them up to 2 million rubles for various violations, the possibility of debtors under certain conditions to refuse to communicate with creditors. However, many MPs are unhappy rather than to fundamentally solve the problem and eliminate the collectors, the authorities decided to “kicking the tails.”


photo: Alexander Astafiev

On 11 April, was Day the collector, and it is a pity that the state Duma has considered bills regulating the activities of claimants, a day later. It would be symbolic, especially because the total number of bills from different factions and Deputy groups is exactly equal to eleven.

However, no intrigue failed. All alternatives, including the amendments of the Communists on a total ban of collectors as a class were rejected.

The head of the financial market Committee, Nikolai Gonchar immediately offered to accept the first reading of the document made by the speakers of both chambers of Parliament Valentina Matvienko and Sergei Naryshkin. It resulted in a positive conclusion of the Bank of Russia and the government.

Discussion in plenary was interesting. Here are some quotes.

Vadim Dengin, the LDPR: “We have nurtured the beast (collectors. — “MK”), which is raping and murdering our citizens”.

Nikolai Kolomeitsev of the Communist party: “Why to patch up the bad form. Collectors — this is an absolute evil that we legitimize. The problem of debt repayment must be resolved exclusively through the court system”.

Oleg Nilov, a just Russia: “Here Nikolai Gonchar said that repealing collectors, we are afraid to fill up the courts with claims. And we are not afraid to fill up the graveyard of our people? You should cut it once and for all, “without waiting for peritonitis”.

Vladimir Sysoyev, the liberal democratic party: “This law will not work… Wait for social explosion”.

However, everything went “normal” mode: the majority of United Russia voted in accordance with the “General party line”.

The essence of the bill as follows. Next year the collection Agency will be entered in the state register. The authorized body has not been determined. Option three: Federal service of court bailiffs, the Central Bank or the Ministry of justice. The last two agencies reacted negatively to the idea to assign these functions. Who needs the extra headache.

The document sets a number of obstacles for market entry: the size of the net assets of the Agency shall be not less than 10 million rubles and the same amount is concluded the contract of compulsory liability insurance.

The debtor is given the right within three months from the date of occurrence of delay of liabilities execution to refuse to communicate with the creditor or to do so through his lawyer. All the negotiations the collectors must be stored for three years.

They are expressly prohibited from causing any harm to the debtor, the disclosure of information about him or any of his debt to third parties, including by posting data on the Internet, in the living room, the house, at the place of work of the borrower. Sets the maximum number of calls, sms-messages to the debtor in the course of the day, week, month. By the way, nowhere in the document is not said about the duration of the call and its content. Maybe due to poor connection, the conversation will last a few seconds, after which the limit on calls is exhausted. Unscrupulous people can use it. Sometimes to my own detriment: because penalties and interest will continue to accrue.

Finally, for collectors of fine for violation of the rules of interaction with the debtor is increased 10 times — up to 2 million rubles.

Anyway, this is only the first reading, and second, the bill could undergo changes. May consider amendments from other projects, as well as the proposals made by the collectors.

However, the main question remains open: will clear if the new law is our life from “black collectors”, people with SIM cards issued on other persons appear with the characteristic accent “the collectors from the Caucasus” and interested in health?

While the bill has only a fine for the illegal collection activities. Everything else — intimidation, and even more physical effects, as before, governed by the Criminal code, which “act” was never afraid.

HELP”MK”:

Today outstanding loans have 59% of Russians. Overdue for over 90 days debts totaling more than 1 trillion roubles are about 7.5 million people. The average size of debt — 210 000 roubles, monthly payment — 12 700 rbl., it is about 40% of the average wage in the country. The increase in debt has led to increased demand for their return by banks and microcredit organizations. Basically banks sell debts to collectors up to 20 thousand rubles, but in the past year, credit institutions were more likely to get rid of loans for substantially larger amounts, which collectors refer to middle and high debt levels.

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