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Ministry of Justice

Russian Federation

On May 29, 2018 No. 51221

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 15, 2018 No. 4795-U

About procedure of payments of the approximate amount of average monthly payment of the borrower according to the credit contract, the loan agreement which are signed with physical person for the purpose of not connected with implementation of business activity by it, and obligations of the borrower on which are provided with mortgage

(as amended of the Instruction of the Central bank of the Russian Federation of 19.08.2021 No. 5896-U)

Based on part 4 of article 6.1 of the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)" (The Russian Federation Code, 2013, No. 51, Art. 6673; 2014, No. 30, Art. 4230; 2016, No. 27, No. 4164; 2017, No. 50, of the Art. 7549) (further - the Federal Law of December 21, 2013 No. 353-FZ) the Bank of Russia establishes procedure of payments of the approximate amount of average monthly payment of the borrower according to the credit contract, the loan agreement which are signed with physical person for the purpose of, not connected with implementation of business activity by it, and obligations of the borrower on which are provided with mortgage (further - the agreement provided with mortgage).

1. The approximate amount of average monthly payment of the borrower under the agreement provided with mortgage shall be calculated proceeding from terms of the contract, provided with mortgage, for date of its conclusion. The approximate amount of average monthly payment of the borrower under the agreement provided with mortgage shall be calculated as the relation of payment amount of the borrower, specified in Items 1 - 7 parts 4 of article 6 of the Federal Law of December 21, 2013 No. 353-FZ, including the payments made by the borrower before date of the conclusion of the agreement provided with mortgage and the insurance premium paid by the borrower for benefit of insurance company, foreign insurance company (further in case of joint mentioning - insurers) in case of insurance of subject of pledge of the agreement of pledge providing requirements to the borrower under the agreement provided with mortgage (further - insurance premium) if the specified insurance premium was not considered as a part of the payments specified in Items 6 or 7 of part 4 of article 6 of the Federal Law of December 21, 2013 to No. 353-FZ to the number of complete months during which the agreement provided with mortgage is effective.

1.1. For the purposes of calculation of the approximate amount of average monthly payment of the borrower for the agreement provided with mortgage, complete month is estimated from date of the conclusion of the agreement provided with mortgage. If the expiration of complete month is the share of the number which is absent this month, the last day of such month is accepted to end date of complete month.

1.2. If the agreement provided with mortgage determines the insurer (insurers) with whom (with one of which) the borrower signs the insurance contract of subject of pledge, and when calculating the approximate amount of average monthly payment of the borrower for the agreement provided with mortgage the paid insurance premium not can be calculated for all duration of the agreement, provided with mortgage, calculation of the approximate amount of average monthly payment of the borrower for the agreement provided with mortgage shall join the insurance premium calculated proceeding from the insurance rates posted on the website of such insurer on the Internet, applied by such insurer (one of such insurers), with whom (with one of which), the borrower is signed the insurance contract of subject of pledge, for settlement date of the approximate amount of average monthly payment of the borrower under the agreement provided with mortgage and the amounts of principal debt under the agreement provided with mortgage, taking into account its reduction as a result of repayment according to the payment schedule under the agreement provided with mortgage.

1.3. If the agreement provided with mortgage does not determine the insurer with whom the borrower signs the insurance contract of subject of pledge, calculation of the approximate amount of average monthly payment of the borrower for the agreement provided with mortgage shall be performed proceeding from the insurance rates applied by certain creditor the insurer, posted on the website of such insurer on the Internet for settlement date of the approximate amount of average monthly payment of the borrower under the agreement provided with mortgage and the amounts of principal debt under the agreement provided with mortgage taking into account its reduction as a result of repayment according to the payment schedule under the agreement provided with mortgage.

2. This Instruction is subject to official publication and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of April 27, 2018 No. 15) become effective since June 24, 2018.

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

 

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