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During the crisis, collectors began to collect debts more often through the courts

During the crisis, collectors began to collect debts more often through the courts

Since February of this year, collectors have begun to actively collect debts from Russians in court, according to the calculations of collection agencies (NAPKA).

In June, judicial work was carried out on 58,7% cases in portfolios of collectors, and at the beginning of the year they accounted for less than half of the cases (49,3%). Share of pre-trial recovery, involving the distribution of messages, calls and visits to debtors without the involvement of courts and bailiffs, respectively, fell from 50,7 to 41,3%.

Zenit Bank announced an increase in the share of judicial work “at a late stage” of debt collection. In Rosbank, since the beginning of last year, the share of consumer loans with overdue 90 Days, under additional production, grew up with 60% to 75%. Sberbank does not record a significant increase in the share of pre-trial recovery.

NAPCA President Elman Mehdiyev confirmed the reduction of the pre-trial penalty in favor of the court.

Last month, recall, bailiffs began to collect debts automatically. The innovation affected the decisions of the Federal Bailiff Service on the initiation of enforcement proceedings and refusal to do so., graduation, suspension and termination of enforcement proceedings, as well as the recovery of the performance fee.

In March, bailiffs stopped transferring payments to collectors with foreign origin.

The expert believes, that the extension of the moratorium will provoke negative consequences
Member of the General Council, Ekaterina Avdeeva, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of Business Russia, stated the current imbalance, which was due to the introduction of a common measure under conditions of a large share of uncertainty, and outlined a common position on the need to amend the regulation of the issues of the moratorium on bankruptcy.

In the context of sanctions pressure, a moratorium is necessary for affected and vulnerable industries. However, its total distribution to all companies increases the risks of violation of the legal rights and interests of creditors..

For bona fide companies and individual entrepreneurs, affected by the sanctions, a moratorium is really needed: it can be noted that there are no financial sanctions for violation of obligations, and suspension of enforcement proceedings on property recovery.

At the same time, the introduction of the moratorium gave unscrupulous persons new opportunities: companies may still default, and creditors cannot initiate bankruptcy proceedings due to the moratorium. As a result, not only large credit institutions, but also people, who counted on a fair replenishment of working capital by collecting from real debtors by court decision, were left in an extremely disadvantaged position..

It is important to understand, that the moratorium on bankruptcy turned out to be an extremely controversial measure. If there are clear criteria, it would be more logical to introduce bankruptcy for a certain person through a statement by the interested party about the need for a moratorium with a simplified procedure for providing relevant evidence. So the moratorium could become an effective mechanism to support both debtors, and creditors, affected by the sanctions.

In its current form, it is rather inappropriate to extend the moratorium on bankruptcy, because it can lead to negative consequences.. If initially the input data was quite small and it was difficult to determine all the necessary criteria, now, taking into account the available information, we can introduce additional criteria, which will be given to those, who really suffered from sanctions pressure.

The normal functioning of the economic activity of the company is of great importance for the economy. Cash is the circulatory system, which allows the company to function, and in the absence of fairly expected revenues, mechanisms can be triggered, which will not have a positive impact on the companies themselves, as well as on the business climate and the economy as a whole. With regard to sanctions, then, taking into account the parallel import mechanism, companies are in the process of restructuring their supply chains. Therefore, based on the available data, it is advisable not to extend the moratorium in its current form, and introduce point relaxations, related to the suspension of measures of enforcement proceedings and bankruptcy.

 

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