Author

Mateychuk V.I.

Title of article

PROTECTION OF THE RIGHTS OF CITIZENS FROM ILLEGAL
ACTIONS OF COLLECTORS TO RECOVER OVERDUE DEBTS

Section

Section 2. Human rights protection

Issue, year

2 (44) 2018

Abstract

various definitions of the concept of collection activities are considered, the author’s definition of this concept is proposed. having analyzed the administrative responsibility for illegal actions while implementing the collection activities, the author of the article comes to the conclusion that the existing legal liability does not provide citizens with a sufficient level of protection against illegal actions of collectors. In this regard, the necessity of introducing criminal and civil liability for violations committed
while implementing the collection activities is substantiated. According to the author’s opinion, criminal liability should be established for the commission of certain actions by persons engaged in collecting debt in case it has entailed a significant violation of the rights and legitimate interests of citizens and organizations or the interests of society or the state protected by law. It is argued that establishing the criminal liability for the actions discussed will be primarily a preventive measure. civil liability of a credit, microfinance and collection organization should be established for moral damage, damage to property and health, damage to honor, dignity and business reputation caused by its employees, as well as by third parties while implementing such activities due to the possession of information about the debtor’s personal data.

Keywords

protection of the rights of citizens; collector; collection activities; administrative responsibility; criminal liability; civil liability.

References

1. Zrelov A.P. Tri glavnyh razocharovaniya novogo zakona o kollektorskoj deyatel’nosti [Three major disappointments of the new law on collection activitie].

2. Astapova T.Yu. O podhodah k opredeleniyu ponyatiya “kollektorskaya deyatel’nost’” [On approaches to the definition of the concept of “collector activity”]. Aktual’nye problemy ispolnitel’nogo proizvodstva [Actual problems of executive production]. Moscow, 2014.

3. Filonov A.V. Kollektorskaya deyatel’nost’ v Rossiyskoy Federatsii: opredelenie i osobennosti [Collector activity in the Russian Federation: definition and features]. Sovremennoe pravo – Contemporary law, 2017, no. 9, pp. 81-85.

4. Sarnakov I.V. Pravovye formy vzaimodejstviya kreditnyh organizacij i kollektorskih agentstv na rynke bankovskih uslug [Legal forms of interaction of credit organizations and collection agencies in the market of banking services]. Yurist – Jurist, 2015, no. 2, pp. 30-33.