FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 231-FZ

About modification of separate legal acts of the Russian Federation in connection with adoption of 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 June 21, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 2005, No. 1, Art. 9, 13, 40, 45; No. 10, Art. 763; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4, 10; No. 2, Art. 172; No. 6, Art. 636; No. 10, Art. 1067; No. 12, Art. 1234; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380; No. 31, Art. 3420, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279, 5281; No. 52, Art. 5498; 2007, No. 1, Art. 21, 29; No. 16, Art. 1825; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; 2008, No. 18, Art. 1941; No. 20, Art. 2251, 2259; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 19, Art. 2291; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, Art. 5192; No. 49, Art. 6409; 2011, No. 1, Art. 10, 23, 33, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260; No. 27, Art. 3873; No. 29, Art. 4290, 4298; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 47, Art. 6602; No. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 19, Art. 2278, 2281; No. 24, Art. 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7640; 2013, No. 14, Art. 1651, 1666; No. 19, Art. 2323, 2325; No. 26, Art. 3207, 3208, 3209; No. 27, Art. 3454, 3469, 3470, 3477; No. 30, Art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, Art. 4191; No. 43, Art. 5443, 5444, 5445, 5452; No. 44, Art. 5624, 5643; No. 48, Art. 6161, 6163, 6165; No. 49, Art. 6327, 6341, 6343; No. 51, Art. 6683, 6685, 6695, 6696; No. 52, Art. 6961, 6980, 6986, 6994, 7002; 2014, No. 6, Art. 557, 559, 566; No. 11, Art. 1092, 1096; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4214, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6642, 6643, 6651; No. 52, Art. 7541, 7548, 7550, 7557; 2015, No. 1, Art. 29, 35, 67, 74, 83, 85; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 18, Art. 2614, 2620; No. 21, Art. 2981; No. 24, Art. 3370; No. 27, Art. 3945, 3950; No. 29, Art. 4354, 4359, 4374, 4376, 4391; No. 41, Art. 5629, 5637; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710, 6716; No. 51, Art. 7249, 7250; 2016, No. 1, Art. 11, 28, 59, 63, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1490, 1491, 1493; No. 18, Art. 2514; No. 23, Art. 3285) following changes:

The note to Article 2.4 after figures "14.56," to add 1) with words "part 3 of Article 14. 57,";

2) in paragraph one of part 1 of Article 3.5 of the word "Articles 14. 14.62," shall be replaced with words 57, "part 1 of Article 14. 57, Article 14. 62,", after words "parts 1 - the 6th Article 12.21." To add 1, with words "part 4 of Article 14. 57,", after words "parts 1 and 2 of Article 14. 13, parts 1 and 3 of Article 14." To add 51, with words "parts 1 and 3 of Article 14. 57,", after words "part 6 of Article 14." To add 40, with words "part 2 of Article 14. 57,", after words "eight hundred thousand rubles, and in cases, stipulated in Article 11.7.1," to add with words "part 4 of Article 14. 57,", after words "Articles 14. 14.42, part 3 of Article 14.51" to add 40, with words ", part 4 of Article 14.57";

3) paragraph one of part 1 of Article 3.12 after the words "in the field of protection of property" to add with the words "in sphere of activity on return of overdue debt";

Article 14.57 to state 4) in the following edition:

"Article 14.57. Violation of requirements of the legislation on protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt

1. Making by the creditor or person acting from his name and (or) in its interests (except for credit institutions), the actions directed to return of overdue debt and violating the law of the Russian Federation on protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt, except as specified, provided by part 2 of this Article -

attracts imposing of administrative penalty on citizens at the rate from five thousand to fifty thousand rubles; on officials - from ten thousand to hundred thousand rubles or disqualification for a period of six months up to one year; on legal entities - from twenty thousand to two hundred thousand rubles.

2. The violation provided by part of 1 this Article, made by the legal entity included in the state register of the legal entities performing activities for return of overdue debt as core activity -

attracts imposing of administrative penalty on officials at the rate from twenty thousand to two hundred thousand rubles or disqualification for a period of six months up to one year; on legal entities - from fifty thousand to five hundred thousand rubles or administrative suspension of operations for a period of up to ninety days.

3. Violation by person, the being founder (participant), the board member (supervisory board), the member of collegiate executive body, sole executive body of the legal entity included in the state register of the legal entities performing activities for return of overdue debt as core activity, requirements and the restrictions set concerning specified persons by the legislation of the Russian Federation on protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt -

attracts imposing of administrative penalty on officials at the rate from fifty thousand to hundred thousand rubles or disqualification for a period of six months up to one year.

4. Illegal implementation by person who is not included in the state register of the legal entities performing activities for return of overdue debt as core activity, actions which according 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" can be performed only by the legal entity included in the specified register -

attracts imposing of administrative penalty on citizens at the rate from fifty thousand to five hundred thousand rubles; on officials - from hundred thousand to one million rubles or disqualification for a period of six months up to one year; on legal entities - from two hundred thousand to two million rubles.";

5) regarding 3rd Article 23.1:

a) in paragraph three of figure "14.57," shall be replaced with words "parts 1 and 4 of Article 14. 57, Article";

b) the fifth after figures "14.33," to add the paragraph with words "parts 2 and 3 of Article 14. 57,";

6) regarding the 2nd Article 28.3:

a) in Item 1 of figure "14.57," to exclude;

b) add with Item 104 following of content:

"104) officials of the federal executive body exercising control (supervision) of activities of the legal entities included in the state register of the legal entities performing activities for return of overdue debt as core activity - about administrative offenses, stipulated in Article 14.57 of this Code.".

Article 2

Bring in the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; No. 30, Art. 3121; 2007, No. 31, Art. 4011; 2011, No. 15, Art. 2038; No. 29, Art. 4291; No. 49, Art. 7067; 2013, No. 51, Art. 6683; 2014, No. 26, Art. 3395; 2015, No. 1, Art. 29; No. 27, Art. 3945) following changes:

Part 5.4 of Article 5 to add 1) with the offer of the following content: "In case of transition of right to claim against the subject of credit history to the legal entity included in the state register of the legal entities performing activities for return of overdue debt as core activity, such legal entity shall sign the agreement on rendering information services and provide information in the same bureaus of credit histories in which information on appropriate subject of credit history was provided earlier.";

2) Article 6 to add with part 9.2 following of content:

"9.2. To the legal entities included in the state register of the legal entities performing activities for return of overdue debt as core activity only title and main parts of credit history of the subject of credit history after receipt of the subject of credit history by these legal entities of consent to disclosure of information containing in credit history reveal. The specified consent shall be provided to the legal entity included in the state register of the legal entities performing activities for return of overdue debt as core activity, or directly the subject of credit history or as a result of transition of right to claim on debt of the subject of credit history against such legal entity.".

Article 3

Bring in part 1 of article 6 of the Federal Law of July 27, 2006 No. 152-FZ "About personal data" (The Russian Federation Code, 2006, No. 31, Art. 3451; 2009, No. 48, Art. 5716; 2011, No. 23, Art. 3263; No. 31, Art. 4701; 2013, No. 14, Art. 1651; No. 51, Art. 6683) following changes:

1) in Item 5 of the word "including in case of realization by the operator of the right to concession of the rights (requirements) for such agreement" to exclude;

Item 7 after words of "third parties" to add 2) with words ", including in the cases provided by 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"".

Article 4

Part 4 of article 1 of the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140; No. 29, Art. 3601; No. 52, Art. 6441; 2010, No. 17, Art. 1988; No. 31, Art. 4160, 4193; 2011, No. 17, Art. 2310; No. 30, Art. 4590; No. 48, Art. 6728; 2012, No. 26, Art. 3446; 2013, No. 27, Art. 3477; No. 30, Art. 4041; No. 52, Art. 6961, 6979, 6981; 2014, No. 26, Art. 3366; No. 30, Art. 4220, 4235, 4243; No. 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 72, 85; No. 18, Art. 2614; No. 27, Art. 3950; No. 29, Art. 4339, 4362; No. 48, Art. 6707; No. 11, the Art. 1495) to add 2016, with Item 37 of the following content:

"37) the state control (supervision) of activities of the legal entities included in the state register of the legal entities performing activities for return of overdue debt as core activity.".

Article 5

Article 15 of the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)" (The Russian Federation Code, 2013, as No. 51, the Art. 6673) to recognize invalid.

Article 6

Part 13 of article 1 of the Federal Law of December 30, 2015 No. 422-FZ "About features of repayment and extrajudicial settlement of debt of the borrowers living in the territory of the Republic of Crimea or in the territory of the federal city of Sevastopol and introduction of amendments to the Federal law "About Protection of Interests of the Physical Persons Having Deposits in Banks and the Isolated Structural Divisions of the Banks Registered and (or) Operating in the territory of the Republic of Crimea and in the territory of the Federal City of Sevastopol" (The Russian Federation Code, 2016, 1, the Art. 42) to state to No. in the following edition:

"13. Persons having the right to require debt repayment perform interaction with borrowers according to the procedure, provided by Articles 4 and 6 - 11 Federal Laws "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" ".

Article 7

This Federal Law becomes effective since January 1, 2017.

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