FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 4, 2023 No. 467-FZ

About introduction of amendments to the Federal Law "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 July 26, 2023

Approved by the Federation Council on July 28, 2023

Article 1

Bring in the Federal Law 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" (The Russian Federation Code, 2016, No. 27, Art. 4163; 2018, No. 47, Art. 7137; 2019, No. 46, Art. 6423; No. 49, Art. 6960; 2021, No. 24, Art. 4188; No. 27, Art. 5082; 2022, No. 43, Art. 7269) following changes:

Part 2 of Article 2 to state 1) in the following edition:

"2. For the purposes of this Federal Law the following basic concepts are used:

1) the automated intellectual agent - the software in which the systems of generation and recognition of the speech allowing to support the scenarios of talk with the debtor or the third party determined by the creditor and (or) the creditor's representative depending on dialogue content and which is intended for sending by the creditor and (or) creditor's representative to the debtor or the third party of the voice messages transferred by means of communication networks public or with use of the websites and (or) pages of the websites in the Internet (further - Internet network), the information systems and (or) programs for the electronic computers intended and (or) used for acceptance, transfer, delivery and (or) processing of electronic messages of users of Internet network are applied;

2) the state register - the state register of the professional collection organizations;

3) the list of the credit and microfinancial institutions - the list of the credit and microfinancial institutions performing activities for return of overdue debt of physical persons;

4) the debtor - the physical person having overdue debt according to monetary commitment;

5) the professional collection organization - the legal entity performing activities for return of overdue debt as core activity, included in the state register;

6) authorized body - the federal executive body authorized by the Government of the Russian Federation of message the state register, the list of the credit and microfinancial institutions and to exercise federal state control (supervision) of activities of the professional collection organizations, and also the credit and microfinancial institutions included in the list of the credit and microfinancial institutions;

7) the creditor's representative - the professional collection organization, the credit institution included in the list of the credit and microfinancial institutions and operating as the representative of the creditor entering one group of persons with this credit institution or the representative of the creditor who is specialized society, the mortgage agent or the representative of single institute of development in the housing sphere and its organizations, the stipulated in Article 3 Federal Laws of July 13, 2015 with No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation".";

2) in Article 4:

a) in part 1:

in paragraph one of the word "person acting from his name and (or) in its interests" shall be replaced with words "the creditor's representative";

to add Item 1 after the words "telephone negotiations" with words ", the automated intellectual agent";

state Item 2 in the following edition:

"2) the cable messages, text, voice and other messages transferred on communication network public or with use of the websites and (or) pages of the websites to Internet networks and also with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state and municipal services) in the case provided by part 11 of this Article, or information systems and (or) programs for electronic computers which are intended and (or) are used for acceptance, transfer, delivery and (or) processing of electronic messages of users of Internet network;";

state Item 3 in the following edition:

"3) the written correspondence delivered at the place of residence or the place of stay of the debtor by operators of mail service, the courier or the special (express) delivery services without direct interaction.";

b) regarding 2 words of "person acting from his name and (or) in its interests" shall be replaced with words "the creditor's representative", "person acting from his name and (or) in its interests" shall be replaced with words words "the creditor's representative";

c) regarding 3 words of "person acting from his name and (or) in its interests" shall be replaced with words "the creditor's representative";

d) state part 4 in the following edition:

"4. The debtor has the right to refuse at any time execution of the agreement specified in part 2 of this Article, having reported about it to the creditor and (or) the creditor's representative by the direction of the adequate notice to one of the following methods:

1) through the notary;

2) by mail registered mail;

3) to the e-mail address specified on the official site of the creditor or creditor's representative in Internet network or specified in case of the conclusion of the agreement or other agreement between the creditor and the debtor;

4) by delivery on receipt.";

e) add with part 4.1 following of content:

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