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Thursday, October 27, 2016

The reservoirs act does not relieve the debtor from “Molotov cocktails”

“Black gangs” collectors, according to deputies of the State Duma, Russia will be no more. Restrictions contained in the new law on the rules of debt collection, in fact, linked unscrupulous lenders hands. However, according to experts, the drafting and signing of this law is the transfusion of a sieve. The profession of collector is known from Roman times and quite a decent. In Russia, the negative image it received after she began to engage in outright criminals. However, according to experts, they must fight the existing laws of Civil and Criminal codes, and if they do not act, then a new obstacle introduced measures will not.

photo: morguefile.com

Such news we hear every day. The employee of the collection Agency from Novosibirsk is arrested because he threatened to blow up a kindergarten from-for a debt of his collaborators. In the Saratov region collectors using obscene language painted with black paint of the landing and walls of the entire staircase from the first to the ninth floors, calling the owner of one of the apartments to repay the debt. The locks of some apartments were covered with glue.

In Ulyanovsk the window of a pensioner who couldn’t pay the loan, has thrown a bottle with an incendiary mix. Fiery cocktail was in a crib with a two year old boy, who was in the hospital.

Such stories can result in hundreds and even thousands. According to the financial Ombudsman Pavel Medvedev, “is overdue there are more than 11 million Russians. 7.5 million are not paying interest for three months or more”.

To protect these citizens from abuses by creditors and drafted the so-called “law on sewers, which was approved in third and final reading in the State Duma on June 21.

Finally it should enter into force early next year. What does it involve? Several innovations. Creditors and collectors who are hired to collect outstanding loans, now you can call the debtor no more than once a day, twice a week and eight times a month. Prohibits communication with a debtor from 20.00 to 9.00 am at weekends and from 22.00 to 8.00, on weekdays.

The collector will be obliged to introduce themselves — name, patronymic and surname, position and organization name. Prohibits the disclosure of information about the debtor and his debt to others, including on the Internet and in the homes of debtors. It is forbidden to report on duty at the place of work.

To start to remind about the debt no sooner than four months from the due date. In addition, claimants will not be able to “work” with individual entrepreneurs on loans taken on business development. Closed to them and the topic of debt on the housing, if the debt is not formally transferred.

In addition, order of magnitude, i.e. 10 times, will increase the fee for organization of collection activity — from 10 thousand to 100 thousand rubles. As parliamentarians, it will make impossible the emergence of gangs “black” collectors who threaten to undermine kindergartens, paint obscene graffiti porches, maimed and raped debtors.

To control will create a separate regulator. On his shoulders lies the responsibility of maintaining the register of debt collection firms — in other words, each collector will be obliged to have a license for their activities. Everything else, including microfinance organizations, pawnshops and other companies, communication with the debtors will be prohibited.

At first glance, the new document is a defensive redoubt, which the deputies had erected in the way of unscrupulous collectors, which debts to collections use bats and “Molotov cocktails”, instead of legal mechanisms.

However, it is not so simple. According to the Director of the banking Institute HSE Vasily Solodkova, the new law essentially will not change anything. “The concept of “cession” the cession of the debt — there are in international law since the Roman Empire. To prohibit this situation is impossible. This threatens to lead to the collapse of the entire economic system. To deal with those who apply in respect of debtors of physical force, set fire to their apartment, spoils the other property it is possible under the current legislation the articles of the Civil code or the Criminal code. If such a struggle is insufficient and violations continue to be perpetrated, then a new legislative instrument position is not corrected. This is a question not to the collectors, and to the Executive power, which is not always, as practice shows, timely respond to such incidents,” — said the expert.

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