FEDERAL LAW OF THE RUSSIAN FEDERATION

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

Chapter 1. General provisions

Article 1. Subject of regulation and scope of this Federal Law

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 field of the address with solid utility waste.

Article 2. The basic concepts used in this Federal Law

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 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".

Article 3. Legal regulation of activities for return of overdue debt

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.

Chapter 2. General rules of making of the actions directed to return of overdue debt

Article 4. Interaction methods with the debtor

1. When making the actions directed to return of overdue debt, the creditor or the representative of the creditor has the right to interact with the debtor, using:

1) personal meetings, telephone negotiations, the automated intellectual agent (direct interaction);

2) the cable messages, short 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;

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.

2. Others, except for specified regarding 1 this Article, interaction methods with the debtor of the creditor or the representative of the creditor 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 the creditor's representative taking into account the requirements provided by part 2 of article 6 of this Federal Law.

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, on condition of the direction the debtor of the message from the e-mail address of the debtor specified in case of the conclusion of the agreement or other agreement between the creditor and the debtor or provided by the debtor to the creditor the different way approved by the parties;

4) by delivery on receipt;

5) the different way provided by the agreement between the creditor and the debtor.

4.1. In case of receipt of the notification specified in part 4 of this Article, the creditor and (or) the representative of the creditor shall stop the interaction directed to return of overdue debt with the debtor by the methods provided by the agreement specified in part 2 of this Article no later than three working days after day of receipt of such notification.

5. The interaction of the creditor or creditor's representative directed to return of overdue debt with any third parties who for the purposes of this Article are understood as the members of the family of the debtor, relatives living with the debtor other persons, neighbors and any other physical persons at the initiative of the creditor or the representative of the creditor can be performed only in case of simultaneous observance of the following conditions:

1) there is consent of the debtor to implementation of the interaction directed to return of its overdue debt with the third party;

2) there is consent of the third party to implementation of interaction with it.

6. Consent, the parts 5 of this Article specified in Items 1 and 2 containing including the consent of the debtor and (or) the third party to processing of its personal data, shall be this in writing in the form of separate documents irrespective of availability or lack of overdue debt.

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