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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Protection Of Rights And Legitimate Interests Of Individuals With Regard To The Implementation Of The Return Of Overdue Debt And For ...

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О защите прав и законных интересов физических лиц при осуществлении деятельности по возврату просроченной задолженности и о внесении измене

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the adoption of the Federal Law "On the protection of rights and legal rights" the interests of the natural persons in the implementation of the activities for the return of the overdue arrears and the amendment of the Federal Law 'On microfinance and microfinance' Organizations Adopted by the State Duma on June 21, 2016 Approved by the Federation Council on 29 June 2016 Article 1 Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; No. 30, sect. 3029; No. 44, sect. 4295; 2003, No. 27, sect. 2700, 2708, 2717; No. 46, sect. 4434; No. 50, sect. 4847, 4855; 2004, No. 31, sect. 3229; No. 34, sect. 3529, 3533; No. 44, sect. 4,266; 2005, No. 1, est. 9, 13, 40, 45; No. 10, 100. 763; No. 13, sect. 1075, 1077; No. 19, sect. 1752; No. 27, sect. 2719, 2721; No. 30, sect. 3104, 3131; No. 50, sect. 5247; No. 52, sect. 5574; 2006, No. 1, sect. 4, 10; No. 2, est. 172; No. 6, sect. 636; No. 10, sect. 1067; No. 12, sect. 1234; No. 17, sect. 1776; No. 18, sect. 1907; No. 19, sect. 2066; No. 23, est. 2380; No. 31, sect. 3420, 3438, 3452; No. 45, sect. 4641; No. 50, sect. 5279, 5281; No. 52, sect. 5498; 2007, No. 1, est. 21, 29; No. 16, sect. 1825; No. 26, sect. 3089; No. 30, sect. 3755; No. 31, sect. 4007, 4008; No. 41, sect. 4845; No. 43, sect. 5084; No. 46, sect. 5553; 2008, No. 18, st. 1941; No. 20, No. 2251, 2259; No. 30, sect. 3604; No. 49, sect. 5745; No. 52, sect. 6235, 6236; 2009, No. 7, sect. 777; No. 23, sect. 2759; No. 26, Text 3120, 3122; No. 29, sect. 3597, 3642; No. 30, sect. 3739; No. 48, sect. 5711, 5724; No. 52, Text 6412; 2010, No. 1, sect. 1; No. 19, sect. 2291; No. 21, sect. 2525; No. 23, sect. 2790; No. 27, sect. 3416; No. 30, sect. 4002, 4006, 4007; No. 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, sect. 5192; No. 49, sect. 6409; 2011, No. 1, sect. 10, 23, 33, 54; No. 7, sect. 901; No. 15, sect. 2039; No. 17, sect. 2310; No. 19, Text. 2714, 2715; No. 23, est. 3260; No. 27, sect. 3873; No. 29, Art. 4298, 4298; No. 30, sect. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, st. 6406; No. 47, sect. 6602; No. 48, sect. 6728; No. 49, sect. 7025, 7061; No. 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, est. 621; No. 10, sect. 1166; No. 19, sect. 2278, 2281; No. 24, Text. 3069, 3082; No. 29, sect. 3996; No. 31, sect. 4320, 4330; No. 47, sect. 6402, 6403, 6404, 6405; No. 49, sect. 6757; No. 53, sect. 7577, 7602, 7640; 2013, No. 14, st. 1651, 1666; No. 19, est. 2323, 2325; No. 26, sect. 3207, 3208, 3209; No. 27, sect. 3454, 3469, 3470, 3477; No. 30, sect. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, sect. 4191; No. 43, sect. 5443, 5444, 5445, 5452, 5452; No. 5624, 5643; No. 48, sect. 6161, 6163, 6165; No. 49, sect. 6327, 6341, 6343; No. 51, sect. 6683, 6685, 6695, 6696; No. 52, sect. 6961, 6980, 6986, 6994, 7002; 2014, No. 6, est. 557, 559, 566; No. 11, sect. 1092, 1096; No. 14, sect. 1562; No. 19, No. 2306, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, sect. 3366, 3379; No. 30, sect. 4211, 4214, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278, and No. 42, sect. 5615; No. 43, sect. 5799; No. 48, Text 6636, 6638, 6642, 6643, 6651; No. 52, sect. 7541, 7548, 7550, 7557; 2015, No. 1, st. 29, 35, 67, 74, 83, 85, No. 10, st. 1405, 1416; No. 13, sect. 1811; No. 18, sect. 2614, 2620; No. 21, sect. 2981; No. 24, sect. 3370; No. 27, sect. 3945, 3950; no. 29, st. 4354, 4359, 4374, 4376, 4391; No. 41, sect. 5629, 5637; No. 44, sect. 6046; No. 45, sect. 6205, 6208; No. 48, sect. 6706, 6710, 6716; No. 51, sect. 7249, 7250; 2016, No. 1, st. 11, 28, 59, 63, 84, No. 10, st. 1323; No. 11, sect. 1481, 1490, 1491, 1493; No. 18, sect. 2514; No. 23, Text 3285) The following changes: 1) Note to Article 2.4 after the digits "14.56," to be supplemented by the words "Article 14.57, Part 3,"; 2) in the first paragraph of Article 3.5 of the words "Article 14.57, 14.62," be replaced by " Part 1 of the article 14.57, article 14.62, ", after the words" paragraphs 1 to 6 of article 12.21-1 ", add the words" of article 14.57, part 4, ", after" Parts 1 and 2 of Article 14.13, "to be supplemented by the words" article 14.57, parts 1 and 3, ", after the words" article 8.8, paragraph 4, of article 8.8, part 2, paragraph 2, of the article. "To supplement the words of part 2 of article 14.57,", after the words "eight hundred thousand roubles," Article 11.7-1, "to be supplemented with the words" by the words "of article 14.57,", ", after the words" articles 14.40, 14.42 ", insert the words", article 14.57, part 4 "; 3), paragraph 1 of article 3.12, paragraph 1, after the words" in the field of property protection, " In addition to the words "in the area of refunds of arrears,"; 4), article 14.57 should be amended to read: " Article 14.57. Violation of the requirements of the law on the protection of the rights and legitimate interests of the physical persons in the implementation of activities for the return of overdue debt 1. Committed by the creditor or person acting on his or her behalf (excluding credit institutions), actions aimed at returning arrears and violating the Russian Federation's legislation on the protection of rights; The lawful interests of natural persons in carrying out activities for the return of arrears, except as provided for in part 2 of this article- shall impose an administrative fine on citizens in the amount of 50,000 rubles ($1,150); on officials-from 10,000 to 100 rubles ($1,150). 50,000 rubles ($1,100,000) is to be received from the beginning of the year. 2. Violation provided for in part 1 of this article by a legal entity included in the public register of legal entities carrying out activities for the return of arrears as a principal activity,- An administrative fine is imposed on officials in the amount of 20,000 to two hundred thousand roubles or disqualification for a period of six months to one year; for legal persons-from fifty thousand to five hundred thousand roubles; or Administrative suspension of activities for a period of up to 90 days. 3. Breach by the person who is the founder (participant), a member of the board of directors (supervisory board), a member of the collegiating executive body, the sole executive body of a legal entity included in the public register of legal entities. Persons carrying out activities for the return of arrears as a principal activity, requirements and restrictions imposed on those persons by the legislation of the Russian Federation on the protection of rights and legitimate interests Persons in return activities arrears,- is punishable by an administrative fine in the amount of between 50,000 and 100,000 rubles ($1,150) or disqualification for a period of six months to one year. 4. Illegal conduct by a person not included in the public register of legal entities carrying out activities for the return of arrears as a principal activity, acts which, in accordance with the Federal Law " On Protection of the rights and legitimate interests of natural persons in carrying out activities for the return of overdue debts and amendments to the Federal Law "On microfinance activities and microfinance organizations" can be implemented only included in the legal entity specified by the registry,- The imposition of an administrative fine on citizens of between 50,000 and fifty thousand roubles; officials-from 100,000 to 1 million roubles or disqualification for a period of six months to one year; for legal entities-from 200 Thousands of up to 2 million roubles. "; 5) in article 23.1 (3): (a) in the third paragraph," 14.57, "be replaced by" Parts 1 and 4, article 14.57, "; b, paragraph 5 after" 14.33, "with" Parts " 2 and 3 of Article 14.57, "; 6) in article 28.3, paragraph 2: (a) paragraph 1 of the figure "14.57, delete; b) to supplement paragraph 103 of the following: " 103) officials of the federal executive authority exercising control (supervision) of the activities of legal persons included in the The State register of legal entities carrying out activities for the return of arrears as a main activity is the administrative offences covered by article 14.57 of this Code. " Article 2 Amend federal law dated December 30, 2004 No. 218-FZ " On credit stories " (Legislative Assembly of the Russian Federation, 2005, No. 1, p. 44; No. 30, sect. 3121; 2007, No. 31, sect. 4011; 2011, No. 15, est. 2038; No. 29, sect. 4291; No. 49, sect. 7067; 2013, No. 51, sect. 6683; 2014, No. 26, est. 3395; 2015, No. 1, sect. 29; No. 27, sect. The following changes to be made to article 5, part 5, paragraph 4, of article 5, to be supplemented by the following sentence: " In the case of a transfer of the right to a subject of credit history to a legal entity included in the public register of legal persons, The legal entity is required to conclude an information service agreement and submit information to the same bureau of credit historyas the legal entity is responsible for the return of arrears as a major activity that had previously been reported on the credit subject history. "; 2) to supplement article 6 with Part 9-2 as follows: " 9-2. Only the cover and the main part of the subject's credit history are disclosed to the legal entities included in the public register of legal entities carrying out activities for the return of arrears as a main activity of credit history upon receipt by these legal entities of the consent of the subject of credit history to disclose the information contained in the credit history. The consent must be granted to a legal entity included in the public register of legal entities carrying out activities for the return of arrears as a principal activity or directly by the entity itself of credit history, or as a result of the transfer of the right of claim on the debt of the subject of credit history to such a legal person. ". Article 3 Article 6 (1) of the Federal Law dated July 27, 2006, No. 152-FZ "On Personal Data" (Legislative Assembly of the Russian Federation, 2006, No. 31, art. 3451; 2009, No. 48, sect. 5716; 2011, No. 23, Text 3263; No. 31, sect. 4701; 2013, No. 14, est. 1651; No. 51, sect. 6683) the following changes: 1) in paragraph 5 of the phrase "including in the case of the exercise by the operator of their right of assignment of rights (requirements) under such a treaty," delete; (2) paragraph 7, after the words "third persons", add the words ", In the number of cases provided for in the Federal Act on the Protection of the Rights and Interests of Natural Persons in the Implementation of the Return of Expired Debt and the Amendment of the Federal Law on Microfinance and microfinance organizations ",". Article 4 Article 4 1 Federal Act No. 294-FZ of 26 December 2008 on the Protection of the Rights of Legal Persons and Individual Entrepreneurs in Implementation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6249; 2009, No. 18, sect. 2140; No. 29, Art. 3601; No. 52, sect. 6441; 2010, No. 17, sect. 1988; No. 31, sect. 4160, 4193; 2011, No. 17, sect. 2310; No. 30, sect. 4590; No. 48, Text 6728; 2012, No. 26, sect. 3446; 2013, No. 27, sect. 3477; No. 30, sect. 4041; No. 52, sect. 6961, 6979, 6981; 2014, No. 26, st. 3366; No. 30, sect. 4220, 4235, 4243; No. 42, sect. 5615; No. 48, Text 6659; 2015, No. 1, st. 72, 85; No. 18, sect. 2614; No. 27, sect. 3950; No. 29, sect. 4339, 4362; No. 48, sect. 6707; 2016, No. 11, sect. (1495) supplement paragraph 37 with the following: " 37) State control (supervision) of the activities of legal entities included in the public register of legal entities carrying out activities for the return of overdue returns. debt as the main activity. ". Article 5 Article 15 of the Federal Law of 21 December 2013 No. 353-FZ "Consumer credit (loan)" (Legislative Assembly Russian Federation, 2013, No. 51 6673) to declare null and void. Article 6 Part 13 of Article 1 of Article 1 of the Federal Law of 30 December 2015 No. 422-FZ "On the peculiarities of settlement and extrajudicial" Resolution of the debt of borrowers living on the territory of the Republic of Crimea or on the territory of the city of federal significance of Sevastopol and amending the Federal Act " On the protection of the interests of natural persons with deposits in banks and separate structural subdivisions of banks registered and/or The Assembly of the Russian Federation and the Republic of Crimea is currently in the territory of the Republic of Crimea and the city of Sevastopol. 42) Amend the text as follows: " 13. Persons who have the right to demand payment of debts cooperate with the borrowers in accordance with the procedure provided for in articles 4 and 6 to 11 of the Federal Act " On the protection of the rights and legitimate interests of natural persons in the conduct of return activities. The Federal Law "On Microfinance and Microfinance Organizations" is due to take effect on January 1, 2017. President of the Russian Federation Vladimir Putin Moscow, Kremlin 3 July 2016 No. 231-FZ