first, they can obtain a grace period for up to 6 months on the basis of the law of 3 April 2020, No. 106-FZ, which gave debtors the right to vacation credit. For this we must submit a relevant application to the lender not later than September 30, 2020. The loan amount must not exceed the maximum amount established for such cases by the government of the Russian Federation and the borrower’s income should be reduced by more than 30 percent compared to the average monthly income for 2019. As explained by the Supreme court, “the condition of providing a grace period in the form of lower income by more than 30 percent is assumed, until proven otherwise”. In other words, initially the debtor is quite the statement, no supporting papers to bring is not necessary.
However, continues the Supreme court, the creditor is entitled to request from the borrower confirming that the condition of the documents. That is, if the bankers had any doubts, they can ask. In addition, bankers are entitled to request information in different organs and to check whether the debtor has reduced income.
second, the borrower mortgage on a single housing may contact the creditor on granting of the grace period and on the basis of article 6.1-1 law of 21 December 2013 “On consumer credit (loan)” as caught in a difficult situation. The reasons may be including the decline in the average monthly income of the debtor for pre-treatment 2 months more than 30 percent compared to average income over the previous 12 months or register as unemployed to find work. In this case, the lender is also entitled to grant a grace period up to 6 months.
Both grace period “under appropriate conditions can be provided to the same borrower in any order, but cannot be set simultaneously”, according to a review of the Supreme court. In addition, regardless of the presence or absence of grounds for granting a grace period and irrespective of whether the advantage of the borrower its right to change the terms of the credit agreement, “the borrower may be released from liability on the basis of article 401 of the Civil code of the Russian Federation for non-execution or improper execution of an obligation if the breach of obligations was not its fault, including if performance was impossible due to extraordinary and unavoidable under the given circumstances, including those associated with established restrictive measures (for example, if the borrower could not use the online payment system, and could not make payments in the usual way),” – said the Supreme court.
in addition, the overview explains how to pay the loan in terms of holidays announced to combat the spread of coronavirus. To qualify for vacation credit can not only mortgage holders, but debtors other consumer loans. It is also important procedural question: when the person should make a contribution, if the payment date falls on a non-business day.
As stated in the review, if the last day of the term of execution by the borrower of the credit institution liabilities to the period from 30 March to 3 April, the day of the period shall expire on the next subsequent working day. And the postponement of fulfillment of obligations on the next following reporting period of the working day cannot be considered as violation of terms of performance of obligations and, accordingly, does not indicate any outstanding payments. Thus and interest charged is not have to.
At the same time, the establishment of holidays from 4 April to 30 April inclusive does not apply to organizations that provide financial services in a part of the emergency functions, primarily service calculations and payments.
“In this regard, the Bank of Russia proceeds from the fact that the obligations for financial transactions, the deadline of which falls on non-business days shall be executed by the debtors in the period stipulated in the contract, and creditors, acting in good faith, will take into account the actual ability of the debtor on execution of commitments, the presence or absence of at its disposal the possibility of remote maintenance, and in the absence of such a possibility – also the restrictive measures that apply in the corresponding subject of the Russian Federation and may affect the ability of a client to visit the office of the financial institution for timely transactions”, the survey indicates.
in Other words, formally, the timing of payments does not move. However, banks should take into account entered restrictions, and to enter the position of the debtors. If you make payment on time was prevented by some objective reasons, penalties are not necessary.
