when calculating the number of committed violations, it is planned to take into account the size of the companies’ business
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Participants in the recovery market have made adjustments to the order of the Ministry of Justice, which defines “risk indicators” for collectors. Now it is planned to take into account the size of companies’ businesses when calculating the number of violations committed. In addition, the initiative introduces the concept of the average Russian level of “standard of interaction with individuals”, on the basis of which the degree of riskiness of market participants will be assessed.
The Ministry of Justice has adjusted the order that defines “risk indicators of violation of mandatory requirements” for professional participants in the collection market, for whom the activity of recovering overdue debts is the main one. The draft document was published on the federal portal of draft regulatory legal acts at the beginning of the week. At the same time, the ministry took into account the wishes of collectors to take into account the size of the company’s business when calculating the number of violations committed.
The new edition of the order assumes that the Federal Bailiff Service (FSSP) will calculate the average Russian level of the “standard of interaction with individuals aimed at returning overdue debts” twice a year. In the standard, the number of complaints will refer to the total number of individuals in respect of whom actions were taken during the reporting period aimed at returning overdue debts. And the degree of risk assigned to a collection agency will depend on the extent to which the “standard” is exceeded. What excess of the standard will indicate what degree of risk is not indicated in the project.
The FSSP explained that it was the indicator of the total number of interactions with debtors that was chosen to assess the size of the collection agency’s business, since collectors are required to provide this information in accordance with the requirements of the Ministry of Justice. At the same time, the territorial bodies of the FSSP will identify “compliance or non-compliance of the supervised person with the approved indicators of the risk of violation”.
The current version of the order, which came into force from the beginning of 2022, assumes that the supervisory authority assigns different categories of risk of harm to collectors depending on the number and severity of violations committed earlier: high, significant, medium, low (see “Kommersant” dated 26 April 2021). In particular, collection agencies that even once during the year threatened the health or life of the debtor, destroyed property, etc., or repeatedly violated the established requirements for interaction with a citizen, are classified as a high degree of risk. In 2022, almost 5% of market participants were classified by the FSSP as “high” and “significant” risk, including the largest companies.
With such a formal approach, bailiffs find the simplest and most detectable violations, says Mikhail Alekseev, expert of the Popular Front project For the Rights of Borrowers. “There were fines for marriage based on the sound of a recording of a conversation with a debtor, for a message sent five minutes later than the scheduled time, or a repeated call due to a technical failure. At the same time, the bailiffs are busy not so much searching for malicious violators as fulfilling the indicators set by the Ministry of Justice for fining their supervised,” he notes.
The new version of the order is of great importance for the entire collection market, as it equalizes the regulatory pressure on companies, according to SRO NAPCA. “If a professional recoverer works with a thousand cases a week and makes only two violations a year, then he still looks more decent than his competitor, who has the same two violations for ten cases a week,” notes Mikhail Alekseev.
The project reflects only the position of the largest market players, Yury Fedyukin, managing partner of the law firm Enterprise Legal Solutions, objects. “It is assumed that market participants, regardless of their share in this very market, act according to general rules and strive to prevent violations, if not because of consciousness, then at least to avoid the risks of exclusion from the register,” the lawyer explains. Now, he adds, “it turns out that the larger the collector, the more he will be allowed to commit violations.”
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