Current Issues of Bringing Responsibility for Illegal Actions of Collectors

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Abstract

Given the popularity of credit services among the Russian population, the activity of collecting overdue debts is becoming increasingly widespread, one of the main subjects of which are collectors. Despite the fact that the functioning of these individuals and organizations has been regulated at the legislative level since 2016, in practice, the number of violations on their part increases every year, within the framework of which significant threats are created to the life, health and property of debtors. The practice of bringing collectors to administrative responsibility is also very diverse, but its effectiveness raises questions. The purpose of the presented study is to analyze the legal liability provided for by Russian legislation for the illegal actions of debt collectors, taking into account the latest innovations. The author comes to the conclusion that it seems fair to improve the current Russian legislation not only in terms of specifying the terms of interaction between debt collectors and debtors, but also the introduction of criminal liability in 2023 for the most dangerous actions of debt collectors as part of their functioning to repay debt seems justified and timely. Attention is focused on the fact that the institution of criminal liability in this case allows not only to impose a proportionate punishment for the guilty person, but also has serious preventive potential.

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About the authors

Ruslan R. Kardanov

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Author for correspondence.
Email: ruslan-nalchik@yandex.ru
SPIN-code: 2834-6459

Cand.Sci. (Law), Senior Lecturer at the Department of Internal Affairs in Special Conditions

Russian Federation, Nalchik

References

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