of July 3, 2016 No. 230-FZ
About protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt and about introduction of amendments to the Federal law "About Microfinancial Activities and the Microfinancial Organizations"
Accepted by the State Duma on June 21, 2016
Approved by the Federation Council on June 29, 2016
1. This Federal Law for the purpose of protection of the rights and legitimate interests of physical persons establishes the legal basis of activities for return of overdue debt of physical persons (making of the actions directed to return of the overdue debt of physical persons) which arose from monetary commitments.
2. This Federal Law does not extend to the physical persons who are creditors according to monetary commitments, independently performing the actions directed to return of the debt of other physical person which arose before them in the amount of, not exceeding fifty thousand rubles, except as specified emergence of the specified debt as a result of transition of the rights of the creditor (cession) to them.
3. This Federal Law does not extend to the activities for return of overdue debt performed concerning the physical persons who are individual entrepreneurs according to monetary commitments which resulted from implementation of business activity by them.
4. This Federal Law does not extend to the legal relationship connected with collection of overdue debt of physical person and which arose from the housing legislation, the legislation of the Russian Federation on water supply, water disposal, heat supply, gas supply, on power industry, and also the legislation of the Russian Federation governing the relations in the sphere of the address with solid municipal waste.
1. The concepts and terms used in this Federal Law civil and other industries of the legislation of the Russian Federation are applied in that value in what they are used in these industries of the legislation of the Russian Federation if other is not provided by this Federal Law.
2. For the purposes of this Federal Law the following basic concepts are used:
1) the debtor - the physical person having overdue monetary commitment;
2) the state register - the state register of the legal entities performing activities for return of overdue debt as core activity;
3) authorized body - the federal executive body authorized by the Government of the Russian Federation to perform maintaining the state register, control (supervision) of activities of the legal entities performing activities for return of overdue debt as core activity, included in the state register.
1. Legal regulation of activities for return of overdue debt (the actions directed to return of overdue debt) is performed according to the Civil code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them, and also international treaties of the Russian Federation.
2. Provisions of this Federal Law do not extend to the relations arising according to the legislation on civil legal proceedings, legal proceedings in Arbitration Courts, arbitration (arbitration), production on cases on administrative offenses, enforcement proceeding, legal profession and lawyer activities, notariate, bankruptcy, bureau of credit histories and the criminal procedure legislation and also in connection with execution of powers federal executive bodies, bodies of state non-budgetary funds, executive bodies of the government of subjects of the Russian Federation, local government bodies and implementation of functions by the organizations participating in provision of the state and municipal services.
3. If the international treaty of the Russian Federation establishes other rules, than provided by this Federal Law rules of the international treaty are applied.
4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
1. When making the actions directed to return of overdue debt, the creditor or person acting from his name and (or) in its interests having the right to interact with the debtor, using:
3) mailings at the place of residence or the place of stay of the debtor.
2. Others, except for specified regarding 1 this Article, interaction methods with the debtor of the creditor or person acting from his name and (or) in its interests can be provided by the written agreement between the debtor and the creditor or person acting from his name and (or) in its interests.
3. The agreement provided by part 2 of this Article shall contain specifying on specific methods of interaction with the debtor of the creditor or person acting from his name and (or) in its interests taking into account the requirements provided by part 2 of article 6 of this Federal Law.
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