LAW OF UKRAINE

of March 19, 2021 No. 1349-IX

About introduction of amendments to some laws of Ukraine concerning consumer protection in case of settlement of overdue debt

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following laws of Ukraine:

1. In the Law of Ukraine "About the National Bank of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 29, Art. 238 with subsequent changes):

Part one of Article 1 to add 1) with the paragraph of the following content:

"Terms" settlement of overdue debt ", " the register of the collection companies "and" the collection company" are used in this Law in the values given in the Law of Ukraine "About consumer crediting";

2) in Article 7 part one:

state Item 9-1 in the following edition:

"9-1) keeps the State register of financial institutions, the register of the collection companies, and in the cases determined by National Bank - other registers of persons which are not financial institutions, but have the right to provide separate financial services, state regulation and supervision of which activities is exercised by National Bank";

add with Item 34-1 of the following content:

"34-1) exercises supervision of observance by banks, other financial institutions, faces which are not financial institutions, but have the right to provide separate financial services, and the collection companies of the consumer protection law of financial services, including requirements for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior)".

2. The paragraph one of part one of article 73 of the Law of Ukraine "About banks and banking activity" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 5-6, of Art. 30 with subsequent changes) to state in the following edition:

"In case of violation by banks or other faces which can be object of check of the National Bank of Ukraine according to this Law, the bank, foreign exchange legislation, the legislation in the field of prevention and counteraction of legalization (washing) of income gained in the criminal way or to financing of terrorism and financing of distribution of weapons of mass destruction, regulatory legal acts of the National Bank of Ukraine, its requirements established according to article 66 of this Law, implementation of risk activities which threatens interests of investors or other creditors of bank, application with foreign states or interstate associations, or the international organizations of sanctions against banks or owners of essential participation in banks which pose threat to interests of investors or other creditors of bank and/or banking system stability violations of the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) the National Bank of Ukraine has the right to apply the corrective actions adequate to committed violation or level of such threat which treat".

3. In the Law of Ukraine "About financial services and state regulation of the markets of financial services" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 1, Art. 1 with subsequent changes):

1) in Article 1:

add part one with Item 28-1 of the following content:

"28-1) the accompanying services - support services and intermediary services";

the second to add part with new paragraph one of the following content:

"2. The terms "collection company", "settlement of overdue debt" are used in this Law in the values given in the Law of Ukraine "About consumer crediting".

With respect thereto to consider paragraphs of the first and second respectively paragraphs second and third;

Item of 1 part one of Article 3-1 to state 2) in the following edition:

"1) providing responsible attitude to all categories of consumers of financial services, including in case of settlement of overdue debt (observance of requirements of rather ethical behavior)";

Paragraph one of part four of Article 12-1 to state 3) in the following edition:

"4. Financial institutions shall open also by placement on a grant basis in the public information database about financial institutions and on own websites (web pages) in the amount and procedure established by the relevant organ performing state regulation of the markets of financial services, such information";

Part one of Article 38-1 to add 4) with Item 17 of the following content:

"17) application by the National Bank of Ukraine two and more times within year of corrective actions for violation of the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (requirements of rather ethical behavior)";

5) in Article 41-1:

state part one in the following edition:

"1. Failure to provide, untimely provision to the consumer of financial services of information on conditions of provision of financial services determined by the legislation, provision of unreliable information about financial service or violation of the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) involve the responsibility established by the law";

in part two:

the paragraph one to state in the following edition:

"2. The bodies performing state regulation of the markets of financial services within the competence apply to the financial institutions, other subjects of managing providing financial services and persons who render intermediary services in the markets of financial services, including to credit intermediaries, the collection companies, penalties for such violations of the rights of consumers";

state Item 7 in the following edition:

"7) the non-notification the supplier of financial service of the consumer about right to claim concession under the agreement on rendering financial service if obligation of such notification is established by the law, - in the amount of 300 to 600 free minima of the income of citizens for each case of such non-notification";

add with Items 8 - 10 following contents:

"8) non-compliance with the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) - in the amount of 3000 to 6000 free minima of the income of citizens;

9) attraction to settlement of overdue debt of the legal entity who is not included in the register of the collection companies - in the amount of 5000 to 8000 free minima of the income of citizens;

10) non-compliance with the requirements to the agreement on consumer loan established by the law - in the amount of 5000 to 7000 free minima of the income of citizens".

4. In the Law of Ukraine "About consumer crediting" (Sheets of the Verkhovna Rada of Ukraine, 2017, No. 1, Art. 2; 2019, No. 44, Art. 278; with the changes made by the Law of Ukraine of September 15, 2020 No. 891-IX):

1) in Article 1:

in part one:

state Item 1 in the following edition:

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