The bankers had the opportunity to manage the bailiffs on an equal footing with the court
Mikhail Melnikov
On 29 June, the Federation Council approved the Federal law “On amendments to certain legislative acts of the Russian Federation (in terms of clarifying the provisions on the assessment of property)”. The law removes the burden on a judicial system of Russia. But at what price…
Committeeman-expropriator
If you compare different versions of the document, you can see that in the first reading, there was nothing unexpected: the usual routine, a law strongly there is no need. But a second reading to the list of documents on which debt collection is indisputably on the basis of Executive inscriptions” added “credit agreements, except for agreements, a lender which is a microfinance organization, in the presence of the specified agreements or additional agreements to them in terms of the possibility of collection of debts on Executive notary”.
If you read “Russian Planet”, you are probably a smart man and a good corrosive (judging by the comments under our texts), but admit it, hardly the first time you realized what was going on.
Hardly realized this and voted for the law of Parliament — according to the speed of a vote, really, this is the law in the final version read no more than 10% of deputies of the state Duma and, most likely, not all who read were aware of its consequences. One of these self-realized — proposed this law, the Chairman of the Duma Committee on property Sergey Gavrilov, the Communist faction. Do you not think it’s funny how such a Committee in the country of monopoly capitalism headed by a Communist? And the fact that he is pushing legislation aimed at the impoverishment of those who, in theory, supposed to protect? If you don’t think so you are a normal Russian man, knowing the price of our “opposition”.
Presumably, comrade Gavrilov remembered legendary expropriation of his own party in the early XX century and wanted to touch their glory.
With a healthy head on the patient
So, the proposed close-knit group of Communists and United Russia, the bill allows the bankers (but not microfinancial and especially not public utilities) without spending time on the court, go straight to the bailiffs. Presumably such a situation will be possible for loans overdue more than 60 days within the last 180 calendar days (the norm, after which you can no longer recover the interest and penalties and the whole amount of the debt immediately).
So, assuring at the notary all documents, including showing a certificate to inform the debtor about the situation, the banker, without any trial, sent to the bailiffs. Because the letter of the law, the bailiffs are irrelevant to the judicial system have, and are officials of the relevant unit of the Ministry of justice, they take the salute and coming to the debtor to recover collateral (note that the property is that it is possible to select only through the court), and if that is not — describe the property, take it and put up for auction. And to challenge these actions is possible only in a judicial order. Thus, the duties of the plaintiff (okazuya side) gracefully shifted from the lender to the borrower.
This norm was approved by both chambers of the Russian Parliament and, of course, legalize the President of Russia.
Bank concepts
The logic in this. Documents on the loan is usually abundantly clear, the fact that the delay is easily fixed — why distract the courts to work on these claims in advance with a clear decision? The problem of “bad loans” have become socially significant for the population of Russia and its banking system — and to do that we really need. The state Duma has acted as “bad COP” by clicking on defaulters. Another positive thing with such a solution process are excluded from private collectors. Probably Gavrilov and company think took a step towards the rule of law.
After all, Russia has a great tradition of non-compliance with laws. It is an inevitable consequence of the geographical extension: it is in St. Petersburg, something will come up, Yes, in Tobolsk news to deliver, but then a reviewer will be sent — already the law-that will change, so why work hard to fulfill it? The king — not the Supreme ruler, and the mandatory portrait in public places. The present authorities — not in St. Petersburg Moscow Yes, the palaces, and here it is, here, Gubernatorova people, and to deal with them not according to the law and custom must. With migration from the outskirts to the center, which then weakened, then strengthened, but there was almost always similar to the psychology was entered into the capital — and eventually received the name “Russian legal nihilism.”
This applies to the relationship of citizens with the banks, where the parties seem to be the most trying as a “throw” each other, not to cooperate for mutual benefit. And the majority of citizens who took out a Bank loan, do not pay it and not trying to cooperate with the Bank on restructuring debt, from the very beginning was not going to take it back. Is theft, for it should be punished.
But, unfortunately, it is very difficult to distinguish, and the law does not distinguish such a malicious citizen of a good borrower caught in a difficult situation. And got, most likely, no fault of her own, and as a result of actions of the government had brought the country to recession and rising unemployment. Fire, as we know, not the worst, and those for whom there is no one to intercede.
In fact, going to the Bank with the restructuring in any way not prescribed in the laws and is neither a mitigating circumstance nor reason to delay decisive action. Because banks and spit, as a rule, such requests.
You sure you not a camel?
There is another problem of the new law. The lack of judicial control and the ease of issuing loans to fraudsters can result in the shaft of the situations where power recovery is aimed at people that have nothing to do with. The reason for this can be false information in the loan agreement (usually through the use of stolen or invalid passports), as well as a simple change of residence. You bought an apartment from the citizens indebted to the Bank? Wait for the guests in the form — perhaps the sellers of the apartment wants to tell the lender about your housewarming party. If the court somehow filtered such cases, gave an opportunity for the parties to understand each other, now you have to prove that you not a Camel Slanovich, and Ivan Petrovich, the camel of Slanovich not seen since the transfer of housing and place of residence have no idea.
For the police officer it’s simple: there is the address at which he needs to describe. Look for the camel he has neither the capacity nor the desire. Of course, sooner or later you will beat off, but the nerves you will spoil a pretty domestic bailiffs, in fact, those collectors, only in the public service.
Try to solve
You can offer an effective way of protecting at least part of honest, but insolvent borrowers. It makes sense to make a law amendment that, if the debtor applied to the Bank asking for loan restructuring, Bank employees are required to give in his hands evidence of such treatment — and from that moment the new normal in relation to this citizen is not valid (regardless of the response to the request of the Bank) to foreclose on his property only in court.
Because a normal person caught in a difficult situation, go to the Bank and try to negotiate. Hiding a crook — perhaps, especially if it is necessary to submit a fresh certificate of registration at the place of residence. So we will be able to at least partially protect honest citizens from the brutal actions of the new amendments.
***
In General, the new law successfully fits into the fabric of the General simplification of proceedings in Russia and the elimination of the concept of presumption of innocence. The forced criminalization of the law-abiding population, while punishment are dealt randomly (for each in something guilty under the new laws, bailiffs will not save enough). This is the wrong tactic, because it reduces respect for authority, finishes the already half-forgotten idea of inevitability of punishment, encourages whistleblowing, but ultimately atominium and destroying Russian society.
Deputies from the faction of the majority before the vote on such bills, it would be good to remember the names of the party — and don’t be afraid to press the button Against it. If this logic would not apply in the Duma of the seventh convocation, the eighth may not be found.
