the Claimants are required to record their conversations with the debtor. Will not do – also face a ban on calls. One who does not know how to respectfully communicate with the debtor, will have some time to work only to receive calls and not to call anyone. And ignorant and arrogant bankers may not be able to write letters, etc.
Employees who work directly with debtors will receive individual codes. On the one hand, will retain the personal data of the collector, with another – will allow us to calculate the offender rules.
Another innovation: the initiative stipulates the concept of “robot-collector”. If calling automation in the beginning of every call to the debtor must be notified that he got a call, automated intelligent agent. Lenders will be responsible for the fact that their robots follow the rules. By law to call the debtor can not occur more than once a day, twice a week, eight times a month. No matter bother the person living collector or robot, once the call took place, the weekly limit is exceeded.
“To the new powers of the Federal bailiff service of Russia also proposed to include the establishment of restrictions on certain interactions with borrowers for which information will be reflected in the state register and the list of organizations, respectively – told in the Ministry of justice. – Such restrictions can be installed in one or more ways of interacting with debtors for up to 60 days”.
in addition, drew the attention of the lawyer Vyacheslav guests receive, the Department of justice proposes to harmonize the provisions of the law on collection activity with the provisions of applicable procedural law. According to the draft petition can be filed by the lender only after sending to the debtor of the requirement about return of a debt. That is, the mandatory pre-trial settlement of the dispute.
“As you know, AIC and GIC is installed not less than 30 days to make a claim within the contractual relationship. Accordingly, the Ministry proposes the same procedure to implement in the relations between collectors and debtors,” – said the lawyer.
the law establishing the possibility of extra-judicial bankruptcy of citizens. Such a failure will be carried out through the multipurpose centres (MFTS), and not in arbitration courts, as it is now.
the Opportunity to become a bankrupt in the court got citizens who have informed the bailiffs had found a property and for this reason returned the writ to the collector. The law also sets a limit on the debt threshold to initiate extrajudicial bankruptcy – 500 thousand rubles. “The introduction of the extrajudicial bankruptcy procedure entails a series of legal consequences for citizens. So terminated accrueds of penalties, fines, penalties, and interest on the obligations of a citizen. Citizen you cannot enter into loan agreements and credit agreements, as well as to act as a guarantor for any obligations. Violation of this prohibition or other significant change in financial situation of a citizen may be grounds for termination of extra-judicial bankruptcy proceedings. It is important to note that the extrajudicial bankruptcy procedure may in certain circumstances go to court. So, creditors, which the debtor did not indicate in the application for personal bankruptcy, you will be able to transfer the bankruptcy proceedings of the citizen and the court. Similar law also have other creditors, if, for example, that the citizen deliberately referred to all debt obligations in order to fall under the limit to 500 thousand rubles,” – explains senior partner of law firm Elena Kozina.
the Procedure is free for citizens. Experts emphasize that it will be cheap rapid analog current practice of bankruptcy in court.
In the three regions with the highest number of bankruptcies per 100 thousand population in the first half of 2020 entered the Penza and Samara regions, and Republic of Kalmykia. It is reported by the Uniform Federal register of data on bankruptcy. We are talking about bankruptcy of citizens and entrepreneurs.
“How do you know, bad things or good? Consider the number of bankrupts per 100 thousand population, as the number of inhabitants in each subject of the Russian Federation are different and alternatively, the ratio will not demonstrate the criticality of the situation. What do we see? The fact that in Moscow this figure is equal to 19, in Samara oblast – 62, in Penza region – 68, in the Republic of Kalmykia 58 bankrupt on 100 thousand population, – says senior partner of law firm Elena Kozina. – We can also see that the increase in the number of bankruptcies compared to the same period last year were noted in the regions. This is a reason to think that Moscow and St. Petersburg it’s not so bad. I assume that this is due to the fact that during a pandemic coronavirus activity in the capitals remained at a high level. Many areas of the business moved online, and it has not given them much trouble, as the Internet and apps everyone has gadgets. Many closed restaurants and beauty salons still worked with the black sign and for the elite. But the regional restrictions were hit particularly hard, because there are the least represented business that allows you to work remotely. Simply put, if you tractor or seamstress, employee of the children’s center or consultant in the store, then not at all desire will go online”.
