Experts explained how the law on self-ban on loans will work

State Duma deputies have begun actively finalizing the bill on the so-called self-ban of Russians from issuing loans. The point is that a person will be able to set a block on receiving a loan in relation to himself – just as gamblers submit applications to a casino with a request not to let them inside. The only difference is that bank clients do not always get into debt of their own free will – telephone scammers “help” them to obtain loans.

According to a recent survey by Superjob, the idea of ​​a self-ban on issuing loans is supported by 3 out of 4 Russians (74%), mainly by people receiving a salary of more than one hundred thousand rubles (80%). Almost half of the respondents (45%) are already ready to establish a self-ban – mainly Russians who have not used loans for the last six months (48%) and people over 45 years of age (51%). One out of seventeen respondents (6%), however, spoke out against the authorities’ initiative, calling it an attempt to shift responsibility for financial security from the state and banks to the citizens themselves.

“The number of cases of fraud in the lending sector is colossal,” says Sergei Elin, an expert on financial and legal security at Opora Rossii. – According to Sberbank alone, under the influence of scammers, Russians in 2023 took out loans totaling more than 200 billion rubles.

Nowadays, a common scheme is when fraudsters take over personal data by hacking into a user’s account on State Services, after which loans appear without the borrower’s consent. Theoretically, it is possible to challenge a loan issued in this way in court. But in practice, difficulties arise for the average person. A person is forced to turn to specialists for legal assistance, the cost of which in many cases is comparable to the amount of such loans.

It happens that the loan size is relatively small (relatively speaking, fifty thousand rubles), and the costs of legal appeal are much higher. 150-200 thousand is the standard fee in Moscow and St. Petersburg. As a result, a person who has become a victim of fraudsters finds himself in a vicious circle: in order to prove to the bank that he is not involved and that he has no obligation to pay the loan, he must pay for the work of lawyers, for which he does not have the money.

Due to the scale of fraud, banks are raising interest rates on loans, making them even less affordable for bona fide borrowers. But even taking this into account, the availability of loans has become very high. “It is affordability that drives a person to pay up to 80% of his income,” says Yegor Diashov, general director of the Dialot investment company.

“Now it is possible to completely protect citizens from the harmful economic consequences of transactions, including loan agreements, only in court by declaring a person incompetent or limiting his legal capacity,” says lawyer Evgeny Antonov. – This way of solving problems with loans is possible only if there is a narrow list of reasons, a strictly defined state of health, and is a months-long procedure that is difficult to complete on your own. Recognizing a citizen as incompetent or limiting his legal capacity are rather isolated phenomena, which are resorted to in exceptional cases.

Who will benefit from self-prohibition first? Firstly, for those who do not plan to take out loans (students, pensioners). Secondly, to Russians living abroad. And thirdly – people who often provide passport data to third parties. When you enable self-prohibition, fraudsters will not be able to use your data indicated on cards, on social networks, or if you lose your passport and driver’s license.

Presumably, the scheme will work as follows, explains Egor Diashov. Citizens need to enable self-prohibition at State Services, at the MFC or at the bank. On the same day or the next, if the mark is placed after 22.00, a note indicating the inclusion of the self-prohibition mode will appear in your personal credit history. Before issuing any online loan issued by a bank or microfinance organization, the borrower’s credit history will be checked. The information will be displayed for all financial institutions. Thanks to this measure, a person places a restriction on receiving a loan online, but can implement all functions in person at the bank’s office.

At the same time, as Evgeny Antonov emphasizes, the future law will most likely make it possible to establish a self-prohibition not only in relation to remote loans, but those that can be issued in a bank branch or in a microfinance organization.

“The volume of lending is growing,” continues Sergei Elin. – The number of borrowers with two or more loans is also growing. More than 25% of borrowers had multiple loans in 2023, according to the latest data. This situation is favorable for the activities of fraudsters. The need to build a barrier that minimizes such risks for citizens is more urgent than ever. In addition, the legislative self-prohibition on lending encourages citizens to more responsible and thoughtful financial behavior. In fact, this is one of the steps towards developing financial literacy of the population, the level of which, unfortunately, leaves much to be desired.

However, a self-prohibition on lending still cannot completely protect against fraud. For example, scammers can persuade the victim to go to the bank and apply for a loan under their guidance.

– There are known cases when borrowers, under the psychological influence of scammers, took out mortgage loans, pledged their real estate as collateral, and transferred the money received from the bank to the scammers. According to the bill, this category of citizens still does not have the opportunity to establish a ban on lending, says lawyer Evgeny Antonov.

By the way, a partial possibility of loan waiver in Russia already exists. To do this, you should do this. The banks with which you cooperate can refuse remote servicing. This is little-known information, so not everyone knows how to minimize credit dependence and ensure safety from fraudulent activities. The disadvantage of this measure is that you do not restrict actions in all banks, but only in certain ones with which you cooperate.

Discussion of self-ban began in 2021. Deputies developed a draft document “On Amendments to the Federal Law “On Credit Histories” and the Federal Law “On Consumer Credit (Loan).” In June 2022, the Bank of Russia shrewdly insisted on the urgent adoption of the bill, but the servants of the people reacted sluggishly. And only in October 2023, deputies adopted the document in the first reading, and recently approved the amendments. The innovation, according to experts, may begin to take effect in the summer, and perhaps even earlier – the situation has become catastrophic.