Deferment on loans for mobilized people will be opened by phone call

The law giving the right to mobilized and participants in a special military operation to defer loan payments was adopted by the State Duma and may come into force next week. The start date for the grace period is no earlier than September 21, 2022, the day the mobilization is announced. If a serviceman is missing, the deferral will be valid until the circumstances are clarified, the State Duma explained to MK.

The law on “credit holidays” for participants in the military special operation was adopted in the first reading on September 27, and in the second and third readings on September 28, and it changed significantly during the finalization.

First, the circle of those entitled to deferred payments has been expanded (it applies to any loans, including mortgages). The text of the law says that mobilized, “including those with the status of an individual entrepreneur”, contract soldiers and National Guardsmen who participated in a special military operation, and family members of the above categories of citizens, can use the benefit. As well as border guards who serve on the territory of Russia, but on the border with Ukraine. An important caveat: you can ask for a deferment only if the loans are taken BEFORE the day the contract is signed, mobilization or the start of participation in hostilities.

Who will be considered a “family member”? This, explained from the rostrum of the State Duma, the head of the relevant Committee on the financial market Anatoly Aksakov (“SR”), spouse (husband), minor children, disabled children over 18 years old, as well as children under the age of 23 years old if they are studying full-time universities. And other citizens “who are dependent” who went to fight …

All of the above received the right to apply to the bank that issued the loan by the end of 2023 with a request to provide “vacation” for loan payments. They will be valid for the period of mobilization or participation in hostilities plus 30 days. If a serviceman was admitted to the hospital, treated after returning from the fronts, this time is also included in the grace period.

You can apply to the bank with a request either in the usual way, if possible, or by mobile phone. Documents confirming the right to a benefit can be attached – or not, if it doesn’t work out: banks do not have the right to require evidence and paper confirmations, they will be able to apply for them themselves to the Ministry of Defense, the governing bodies of the National Guard and other structures. And those are “obliged” to respond no later than 7 days later. However, there is a clause in the law: law enforcement and military departments will not provide classified information.

The telephones of the mobilized and military personnel in the combat zone are push-button. Mr. Aksakov explained to MK that “this is enough, we worked out the issue with the Ministry of Defense, and they assured that 99.9% have such an opportunity to contact the bank.”

The start date of the grace period will be the one that the borrower himself will name, but “not earlier than September 21, 2022.” Anyone who has participated in the special operation since February 24, 2022 can apply for a deferred payment. The creditor is obliged to respond to the applicant within 10 days. If the borrower has not received either a refusal or consent, he has the right not to pay, that is, the rule “silence is a sign of consent” will apply.

In the event of the death of a soldier or death from the consequences of wounds, injuries or concussions received during a special operation, as well as if he is recognized as a disabled person of the first group, all loans that he took before entering the combat zone are completely written off. The causal relationship between death and disability, on the one hand, and hostilities, on the other, must be confirmed by medical commissions or institutions of medical and social expertise. All loans to family members of these servicemen are also written off in full.

And what about the missing? There are no clarifications in this regard in the text of the document. Mr. Aksakov explained to MK that “until their fate is determined, there will be a delay.” But sometimes it takes years to clear up the fate in such cases. “What to do… Naturally, banks will make inquiries to the Ministry of Defense to find out the fate of a person, but in principle the question in this case seems to hang,” the deputy said.

By the second reading, the text of the law was supplemented with a norm that exempts mobilized and other participants in the SVO from prosecution by bailiffs: all enforcement proceedings against them and against members of their families will also be suspended for the above-mentioned periods. But we are talking only about debts on loans of various kinds: debts for alimony, compensation for damages, fines and taxes are not affected by the law.

The payment of the “loan benefit” is wholly and completely entrusted to the banks. The budget does not allocate and is not going to allocate a penny for these purposes.