Bank agreements for concluding a consumer loan. Features of concluding a consumer lending agreement, rights and obligations of the parties, consequences of termination of the agreement

consumer loan contract obligation

The peculiarities of the loan agreement are such that it must contain a loan payment schedule, which will indicate specific amounts and dates for transferring money to the bank. It can be indicated in the body of the contract itself or drawn up as its annex.

Early repayment of a consumer loan

It is mandatory that the loan agreement contains a description of such a procedure as early repayment of a consumer loan, in case you wish to pay off the debt ahead of schedule. Some banks set limiting periods during which the loan cannot be repaid early. As a rule, it does not exceed 6 months. However, often there are no restrictions on early repayment of a consumer loan, but a fee is established. It can be a few percent of the debt amount or a certain fixed amount (for example, 1000 rubles).

However, many financial institutions do not set any restrictions on early repayment at all, not even a commission. Therefore, if you assume that the loan can be repaid ahead of schedule, then you should choose these banks.

Fines and sanctions for late repayment of a consumer loan

You should pay special attention to this section of the loan agreement; we are talking about fines and sanctions for violating the loan repayment period. Most often, for each day of delay you will pay additional amounts. Overdue debt may be subject to current interest, as well as a penalty or fine.

Most banks set symbolic amounts of fines and penalties. Thus, if payment is delayed for several days, the sanctions will not hit the borrower too hard. But it will be better if you still pay attention to their size.

The same clause of the loan agreement also stipulates more stringent sanctions regarding persistent defaulters. Sometimes, to obtain this status, it is enough to delay payment of the loan by only 10 days.

Insurance and guarantors

When concluding a loan agreement, if you are married, then in many banks you may be faced with a requirement to confirm that your spouse is not against you taking out a loan and agrees to the use of your common property if paying off the loan in another way would be impossible. You may also need confirmation that:

- no administrative or judicial proceedings are being carried out against you or in relation to your property;
- the property has not been seized and is not pledged under obligations issued earlier;
- you have no enforceable monetary obligations to third parties.

These points are mostly formal. But if there are any difficulties with repaying the loan and a trial is initiated, where it turns out that the specified information does not correspond to reality, then the borrower may be accused of criminal fraud.

If you borrow a very large amount or in some other cases, the bank may require you to take out life insurance. This obligation will also be specified in the loan agreement.

Information

The loan agreement usually contains your obligation to inform the bank about the following changes in your life:

- change of place of residence and/or registration;
- change of place of work;
- name change, etc.

It is likely that ignoring this requirement may go unnoticed. However, in order to avoid creating conflict situations, it is better to notify the bank in a timely manner about these changes in your life.

Most loan agreements contain a clause stating that the borrower does not mind having his data transferred to the credit history bureau (BKI). By law, the transfer of your data to BKI is voluntary and theoretically you do not have to sign this clause. But, most likely, such behavior will seem suspicious to a bank representative and may even cause a refusal to issue a loan. In addition, having a positive credit history will be an additional advantage for you in the future.

Article 1. Relations regulated by this Federal Law

1. This Federal Law regulates relations arising in connection with the provision of a consumer credit (loan) to an individual for purposes not related to business activities, on the basis of a credit agreement, loan agreement and the execution of the relevant agreement.

2. This Federal Law does not apply to relations arising in connection with the provision of a consumer loan (loan), the borrower’s obligations under which are secured by a mortgage.

3. The provisions of federal laws regulating the activities of credit organizations and non-credit financial organizations apply to the relations specified in Part 1 of this article, to the extent not inconsistent with this Federal Law.

Article 2. Legislation of the Russian Federation on consumer credit (loan)

The legislation of the Russian Federation on consumer credit (loan) is based on the provisions of the Civil Code of the Russian Federation and consists of this Federal Law, the Federal Law "On Banks and Banking Activities", the Federal Law of July 2, 2010 N 151-FZ "On microfinance activities and microfinance organizations", Federal Law of July 18, 2009 N 190-FZ "On Credit Cooperation", Federal Law of December 8, 1995 N 193-FZ "On Agricultural Cooperation", Federal Law of July 19, 2007 N 196-FZ "On pawnshops" and other federal laws governing the relations specified in Part 1 of Article 1 of this Federal Law.

Article 3. Basic concepts used in this Federal Law

1. For the purposes of this Federal Law, the following basic concepts are used:

1) consumer credit (loan) - funds provided by the lender to the borrower on the basis of a credit agreement, loan agreement, including using electronic means of payment, for purposes not related to business activities (hereinafter referred to as the consumer credit (loan) agreement), including with a credit limit;

2) borrower - an individual who has applied to a lender with the intention of receiving, is receiving or has received a consumer loan (loan);

3) creditor - a credit organization that provides or has provided a consumer loan, a credit organization that provides or has provided a consumer loan and a non-credit financial organization that carries out professional activities in providing consumer loans, as well as a person who has received the right of claim against the borrower under a consumer loan (loan) agreement in in the procedure of assignment, universal succession or when foreclosure on the property of the copyright holder;

4) lending limit - the maximum amount of funds provided by the lender to the borrower, or the maximum amount of the borrower’s one-time debt to the lender under a consumer credit (loan) agreement, under the terms of which the borrower may partially use a consumer loan (loan);

5) professional activity in providing consumer loans - activities of a legal entity or individual entrepreneur in providing consumer loans in cash, carried out at the expense of funds systematically attracted on a repayable and paid basis and (or) carried out at least four times within one year ( except for loans provided by the employer to the employee, and other cases provided for by federal law).

2. Other concepts and terms used in this Federal Law are used in the meaning in which they are used in civil legislation.

Article 4. Professional activity in providing consumer loans

Professional activity in providing consumer loans is carried out by credit organizations, as well as non-credit financial organizations in cases determined by federal laws on their activities.

Article 5. Terms of the consumer credit (loan) agreement

1. The consumer credit (loan) agreement consists of general conditions and individual conditions. A consumer credit (loan) agreement may contain elements of other agreements (mixed agreement), if this does not contradict this Federal Law.

2. Article 428 of the Civil Code of the Russian Federation applies to the terms of a consumer credit (loan) agreement, with the exception of the terms agreed upon by the lender and the borrower in accordance with Part 9 of this article.

3. The general terms of the consumer credit (loan) agreement are established by the lender unilaterally for the purpose of repeated application.

4. The lender must post the following information at the places where services are provided (places where applications for consumer credit (loan) are accepted, including on the information and telecommunications network "Internet") about the conditions for the provision, use and repayment of consumer credit (loan):

1) name of the creditor, location of the permanent executive body, contact telephone number by which communication with the creditor is carried out, official website on the Internet, license number for banking operations (for credit institutions), information on entering information about the creditor in the relevant state register (for microfinance organizations, pawnshops), on membership in a self-regulatory organization (for credit consumer cooperatives);

2) requirements for the borrower that are established by the lender and the fulfillment of which is mandatory for the provision of a consumer loan (loan);

3) the timing of consideration of the borrower’s application for a consumer loan (loan) and the lender’s decision regarding this application, as well as the list of documents required for consideration of the application, including for assessing the borrower’s creditworthiness;

4) types of consumer credit (loan);

5) the amount of consumer credit (loan) and the terms of its repayment;

6) currencies in which consumer credit (loan) is provided;

7) methods of providing consumer credit (loan), including using electronic means of payment by the borrower;

8) interest rates in percentage per annum, and when using variable interest rates - the procedure for their determination, consistent with the requirements of this Federal Law;

9) types and amounts of other payments by the borrower under the consumer credit (loan) agreement;

10) ranges of values for the full cost of a consumer loan (loan), determined taking into account the requirements of this Federal Law by type of consumer loan (loan);

11) frequency of payments by the borrower when repaying a consumer loan (loan), paying interest and other payments on the loan (loan);

12) methods for the borrower to repay a consumer loan (loan), pay interest on it, including a free method for the borrower to fulfill obligations under a consumer loan (loan) agreement;

13) the period during which the borrower has the right to refuse to receive a consumer loan (loan);

14) methods of ensuring the fulfillment of obligations under a consumer credit (loan) agreement;

15) the borrower’s responsibility for improper execution of a consumer credit (loan) agreement, the amount of the penalty (fine, penalty), the procedure for its calculation, as well as information on in what cases these sanctions can be applied;

16) information about other agreements that the borrower is obliged to conclude, and (or) other services that he is obliged to receive in connection with the consumer credit (loan) agreement, as well as information about the borrower’s ability to agree to the conclusion of such agreements and (or) the provision of such services or refuse them;

17) information about a possible increase in the amount of the borrower’s expenses compared to the expected amount of expenses in rubles, including when using a variable interest rate, as well as information that changes in the foreign currency exchange rate in the past do not indicate a change in its exchange rate in the future (for consumer credits (loans) in foreign currency);

18) information on determining the foreign currency exchange rate in the event that the currency in which funds are transferred by the lender to a third party specified by the borrower when providing a consumer loan (loan) may differ from the currency of the consumer loan (loan);

19) information on the possibility of prohibiting the assignment by a creditor of rights (claims) to third parties under a consumer credit (loan) agreement;

20) the procedure for the borrower to provide information on the use of a consumer credit (loan) (if a condition is included in the consumer credit (loan) agreement on the use by the borrower of the received consumer credit (loan) for certain purposes);

21) jurisdiction of disputes on claims of the creditor against the borrower;

22) forms or other standard forms that define the general terms of the consumer credit (loan) agreement.

5. The information specified in part 4 of this article is brought to the attention of the borrower free of charge. Copies of documents containing the specified information must be provided to the borrower upon his request free of charge or for a fee not exceeding the cost of their production.

6. If the creditor involves third parties in disseminating information about the conditions for the provision, use and repayment of a consumer loan (loan), such persons are obliged to disclose information to the extent and in the manner specified in Part 4 of this article.

7. The general terms and conditions of a consumer credit (loan) agreement should not contain the obligation of the borrower to enter into other agreements or to use the services of a lender or third parties for a fee. The lender cannot require the borrower to pay payments under a consumer credit (loan) agreement that are not specified in the individual terms of such agreement.

8. When a borrower applies to a lender for a consumer loan (loan) in the amount (with a lending limit) of 100,000 rubles or more or an equivalent amount in foreign currency, the lender is obliged to inform the borrower that if within one year the total amount of payments for all available to the borrower on the date of applying to the lender for a consumer loan (loan), the obligations under credit agreements, loan agreements, including payments on the consumer loan (loan) provided, will exceed fifty percent of the borrower’s annual income, for the borrower there is a risk of failure to fulfill obligations under the agreement consumer credit (loan) and the application of penalties to it.

9. The individual terms of the consumer credit (loan) agreement are agreed upon by the lender and the borrower individually and include the following conditions:

1) the amount of consumer credit (loan) or credit limit and the procedure for changing it;

2) the validity period of the consumer credit (loan) agreement and the repayment period of the consumer credit (loan);

3) the currency in which the consumer loan (loan) is provided;

4) the interest rate in percent per annum, and when using a variable interest rate - the procedure for determining it, corresponding to the requirements of this Federal Law;

5) information on determining the foreign currency exchange rate if the currency in which funds are transferred by the lender to a third party specified by the borrower when providing a consumer loan (loan) differs from the currency in which the consumer loan (loan) was provided;

6) the number, size and frequency (timing) of payments by the borrower under a consumer credit (loan) agreement or the procedure for determining these payments;

7) the procedure for changing the number, size and frequency (timing) of payments by the borrower in case of partial early repayment of a consumer loan (loan);

8) methods of fulfilling monetary obligations under a consumer credit (loan) agreement in the locality at the location of the borrower specified in the consumer credit (loan) agreement, including a free method for the borrower to fulfill obligations under such an agreement in the locality at the place where the borrower received the offer (offer to conclude agreement) or at the location of the borrower specified in the consumer credit (loan) agreement;

9) an indication of the need for the borrower to conclude other agreements required for the conclusion or execution of a consumer credit (loan) agreement;

10) an indication of the need to provide security for the fulfillment of obligations under a consumer credit (loan) agreement and the requirements for such security;

11) the purpose of the borrower’s use of a consumer loan (loan) (if a condition is included in the consumer loan (loan) agreement on the borrower’s use of a consumer loan (loan) for certain purposes);

12) the borrower’s responsibility for improper fulfillment of the terms of the consumer credit (loan) agreement, the amount of the penalty (fine, penalty) or the procedure for determining them;

13) the possibility of prohibiting the assignment by the creditor of rights (claims) to third parties under a consumer credit (loan) agreement;

14) the borrower’s agreement with the general terms and conditions of the consumer credit (loan) agreement of the relevant type;

15) services provided by the lender to the borrower for a fee and necessary for concluding a consumer credit (loan) agreement (if any), their price or the procedure for determining it (if any), as well as confirmation of the borrower’s consent to their provision;

16) method of information exchange between the lender and the borrower.

10. Other conditions may be included in the individual terms of the consumer credit (loan) agreement. If the general terms of the consumer credit (loan) agreement contradict the individual terms of the consumer credit (loan) agreement, the individual terms of the consumer credit (loan) agreement are applied.

11. The individual and general terms of the consumer credit (loan) agreement must correspond to the information provided by the lender to the borrower in accordance with Part 4 of this article.

12. The individual terms of the consumer credit (loan) agreement specified in Part 9 of this article are reflected in the form of a table, the form of which is established by a regulatory act of the Bank of Russia, starting from the first page of the consumer credit (loan) agreement, in a clear, easily readable font.

13. A consumer credit (loan) agreement cannot contain:

1) a condition on the transfer to the creditor of the entire amount of the consumer loan (loan) or part thereof as security for the fulfillment of obligations under the consumer credit (loan) agreement;

2) a condition for the lender to issue a new consumer loan (loan) to the borrower in order to repay the existing debt to the lender without concluding a new consumer loan (loan) agreement after the date such debt arose;

3) conditions establishing the borrower’s obligation to use the services of third parties in connection with the fulfillment of the borrower’s monetary obligations under a consumer credit (loan) agreement for a fee.

14. Changes in individual conditions and general conditions of a consumer credit (loan) agreement are carried out in compliance with the requirements established by this Federal Law.

15. The borrower, in the manner established by the consumer credit (loan) agreement, is obliged to notify the lender of a change in the contact information used to communicate with him, of a change in the method of communication of the lender with him.

16. The creditor has the right to unilaterally reduce the constant interest rate, reduce or cancel the fee for the provision of services provided for by the individual terms of the consumer credit (loan) agreement, reduce the amount of the penalty (fine, penalty) or cancel it in whole or in part, set a period within which it is not charged, or decide to refuse to collect a penalty (fine, penalty), as well as change the general terms of the consumer credit (loan) agreement, provided that this does not entail the emergence of new or an increase in the size of existing monetary obligations of the borrower under the consumer agreement credit (loan). In this case, the lender, in the manner established by the consumer credit (loan) agreement, is obliged to send the borrower a notice of changes in the terms of the consumer credit (loan) agreement, and in the event of a change in the amount of upcoming payments, also information about upcoming payments and provide access to information about changes in the terms of the consumer agreement credit (loan).

17. If the individual terms of the consumer credit (loan) agreement provide for the lender to open a bank account for the borrower, all operations on such an account related to the fulfillment of obligations under the consumer credit (loan) agreement, including opening an account, issuing it to the borrower and crediting it to the borrower’s account consumer credit (loan) must be provided by the lender free of charge.

18. Conditions on the borrower’s obligation to enter into other agreements or to use the services of a lender or third parties for a fee in order to conclude a consumer credit (loan) agreement or its execution are included in the individual terms of the consumer credit (loan) agreement only if expressed by the borrower in writing their consent to conclude such an agreement and (or) to provide such a service in an application for a consumer loan (loan).

19. The lender is not allowed to charge remuneration for the performance of duties assigned to it by regulatory legal acts of the Russian Federation, as well as for services, the provision of which the lender acts solely in its own interests and as a result of the provision of which a separate property benefit is not created for the borrower.

20. The amount of payment made by the borrower under a consumer credit (loan) agreement, if it is insufficient to fully fulfill the borrower’s obligations under the consumer credit (loan) agreement, repays the borrower’s debt in the following order:

1) debt on interest;

2) debt on the principal debt;

3) a penalty (fine, penalty) in the amount determined in accordance with Part 21 of this article;

4) interest accrued for the current payment period;

5) the amount of the principal debt for the current payment period;

6) other payments provided for by the legislation of the Russian Federation on consumer credit (loan) or the consumer credit (loan) agreement.

21. The amount of a penalty (fine, penalty) for failure to fulfill or improper fulfillment by the borrower of obligations to repay a consumer loan (loan) and (or) pay interest on the amount of a consumer loan (loan) cannot exceed twenty percent per annum if, under the terms of the consumer loan agreement, credit (loan) on the amount of a consumer loan (loan), interest is accrued for the corresponding period of violation of obligations, or if, under the terms of the consumer credit (loan) agreement, interest on the amount of a consumer credit (loan) for the corresponding period of violation of obligations is not accrued, 0, 1 percent of the amount of overdue debt for each day of violation of obligations.

22. In a consumer credit (loan) agreement, the parties may establish one method or several ways for the borrower to fulfill monetary obligations under the consumer credit (loan) agreement. In this case, the lender is obliged to provide the borrower with information about the method of free fulfillment of the monetary obligation under the consumer credit (loan) agreement in the locality where the borrower received the offer (proposal to enter into an agreement) or at the location of the borrower specified in the consumer credit (loan) agreement.

Article 6. Full cost of a consumer loan (loan)

1. The full cost of a consumer loan (loan), calculated in the manner established by this Federal Law, is placed in a square frame in the upper right corner of the first page of the consumer loan (loan) agreement in front of the table containing the individual terms of the consumer loan (loan) agreement, and is marked in black capital letters on a white background in a clear, easy-to-read font of the largest font size used on this page. The area of the square frame must be at least five percent of the area of the first page of the consumer credit (loan) agreement.

2. The full cost of a consumer loan (loan) is determined as a percentage per annum using the formula:

4. The calculation of the full cost of a consumer loan (loan) includes, taking into account the specifics established by this article, the following payments by the borrower:

1) to repay the principal amount of debt under a consumer credit (loan) agreement;

2) on payment of interest under a consumer credit (loan) agreement;

3) payments by the borrower in favor of the lender, if the borrower’s obligation to make such payments follows from the terms of the consumer loan (loan) agreement and (or) if the issuance of a consumer loan (loan) is made dependent on the making of such payments;

4) fee for issuing and servicing an electronic means of payment when concluding and executing a consumer credit (loan) agreement;

5) payments in favor of third parties, if the borrower’s obligation to make such payments follows from the terms of the consumer credit (loan) agreement, which defines such third parties, and (or) if the issuance of a consumer credit (loan) is made dependent on the conclusion of an agreement with by a third party. If the terms of the consumer credit (loan) agreement specify a third party, the tariffs applied by this person are used to calculate the full cost of the consumer credit (loan). The tariffs used to calculate the full cost of a consumer loan (loan) may not take into account the individual characteristics of the borrower. If the lender does not take such features into account, the borrower should be informed about this. If, when calculating the full cost of a consumer loan (loan), payments in favor of third parties cannot be unambiguously determined for the entire loan term, payments in favor of third parties for the entire loan term are included in the calculation of the full cost of the consumer loan (loan) based on tariffs determined on the day of calculating the full cost of a consumer loan (loan). If the consumer credit (loan) agreement specifies several third parties, the full cost of the consumer loan (loan) can be calculated using the tariffs applied by any of them and indicating information about the person whose tariffs were used when calculating the full cost of the consumer loan. credit (loan), as well as information that when the borrower applies to another person, the full cost of the consumer loan (loan) may differ from the calculated one;

6) the amount of the insurance premium under the insurance agreement if the beneficiary under such an agreement is not the borrower or a person recognized as his close relative;

7) the amount of the insurance premium under a voluntary insurance agreement if, depending on the conclusion by the borrower of a voluntary insurance agreement, the lender offers different terms of the consumer loan (loan) agreement, including regarding the repayment period of the consumer loan (loan) and (or) the full cost credit (loan) in terms of interest rates and other payments.

5. The calculation of the full cost of a consumer loan (loan) does not include:

1) payments by the borrower, the obligation of which by the borrower follows not from the terms of the consumer credit (loan) agreement, but from the requirements of federal law;

2) payments related to the borrower’s failure to fulfill or improper fulfillment of the terms of the consumer credit (loan) agreement;

3) payments by the borrower for loan servicing, which are provided for in the consumer loan (loan) agreement and the amount and (or) terms of payment of which depend on the decision of the borrower and (or) his behavior;

4) payments by the borrower in favor of insurance organizations when insuring the collateral under a collateral agreement securing claims against the borrower under a consumer credit (loan) agreement;

5) payments by the borrower for services, the provision of which does not determine the possibility of obtaining a consumer loan (loan) and does not affect the full cost of the consumer loan (loan) in terms of interest rates and other payments, provided that the borrower is provided with additional benefits compared to the provision of such services are subject to a public offer and the borrower has the right to refuse the service within fourteen calendar days with a refund of part of the payment in proportion to the cost of the part of the service provided before notification of refusal.

6. When providing a consumer loan (loan) with a credit limit, the calculation of the full cost of the consumer loan (loan) does not include the borrower’s fee for carrying out transactions in a currency other than the currency stipulated by the agreement (the currency in which the consumer loan (loan) was provided, fee for the suspension of transactions carried out using an electronic means of payment, and other expenses of the borrower associated with the use of an electronic means of payment.

7. If the terms of the consumer loan (loan) agreement require the borrower to pay various payments to the borrower depending on his decision, the full cost of the consumer loan (loan) is calculated based on the maximum possible amount of the consumer loan (loan) and the terms of repayment of the consumer loan ( loan), equal payments under a consumer credit (loan) agreement (repayment of the principal amount, payment of interest and other payments determined by the terms of the consumer credit (loan) agreement. If the consumer credit (loan) agreement provides for a minimum monthly payment, calculation of the full the cost of a consumer loan (loan) is made based on this condition.

8. The Bank of Russia, in accordance with the procedure established by it, quarterly calculates and publishes the average market value of the total cost of a consumer loan (loan) for categories of consumer credits (loans) determined by the Bank of Russia no later than forty-five calendar days before the start of the quarter in which the average market value of the total the cost of a consumer loan (loan) is subject to application.

9. Categories of consumer credits (loans) are determined by the Bank of Russia in the manner established by it, taking into account the following indicators (their ranges) - amount of the credit (loan), repayment period of the consumer credit (loan), availability of collateral for the credit (loan), type of lender, purpose loan, use of electronic means of payment, availability of a credit limit.

10. The average market value of the full cost of a consumer loan (loan) is determined by the Bank of Russia as a weighted average of at least one hundred largest creditors in the corresponding category of consumer loan (loan) or at least one third of the total number of lenders providing the corresponding category of consumer loan (loan) ).

11. At the time of concluding a consumer credit (loan) agreement, the total cost of a consumer credit (loan) cannot exceed the average market value of the total cost of a consumer credit (loan) of the corresponding category of consumer credit (loan) calculated by the Bank of Russia, applied in the corresponding calendar quarter, by more than one third. In the event of a significant change in market conditions affecting the full cost of a consumer loan (loan), a regulatory act of the Bank of Russia may establish a period during which the restriction specified in this part is not subject to application.

Article 7. Conclusion of a consumer credit (loan) agreement

1. A consumer credit (loan) agreement is concluded in the manner established by the legislation of the Russian Federation for a credit agreement, loan agreement, taking into account the features provided for by this Federal Law.

2. If, when providing a consumer credit (loan), the borrower is offered additional services provided by the lender and (or) third parties for a fee, including life and (or) health insurance of the borrower in favor of the lender, as well as other insurable interest of the borrower, the an application for a consumer credit (loan) in the form established by the lender, containing the borrower’s consent to provide such services, including the conclusion of other agreements that the borrower is obliged to conclude in connection with the consumer credit (loan) agreement. The lender in the application for a consumer loan (loan) is obliged to indicate the cost of the additional service offered by the lender for a fee and must provide the borrower with the opportunity to agree or refuse to provide such additional service for a fee, including through concluding other agreements that the borrower is obliged to conclude in connection with a consumer credit (loan) agreement.

3. Consideration of an application for a consumer loan (loan) and other documents of the borrower and assessment of his creditworthiness are carried out free of charge.

4. If the borrower, at the request of the lender, has completed an application for a consumer credit (loan), but the decision to conclude a consumer credit (loan) agreement cannot be made in his presence, at the request of the borrower he is provided with a document containing information about the date of acceptance to consider his application for a consumer loan (loan).

5. Based on the results of consideration of the borrower’s application for a consumer loan (loan), the lender may refuse the borrower to enter into a consumer loan (loan) agreement without giving reasons, unless federal laws provide for the obligation of the lender to motivate the refusal to enter into an agreement. Information about refusal to enter into a consumer loan (loan) agreement or to provide a consumer loan (loan) or part thereof is sent by the lender to the credit history bureau in accordance with Federal Law No. 218-FZ of December 30, 2004 “On Credit Histories”.

6. A consumer loan agreement is considered concluded if agreement is reached between the parties to the agreement on all individual terms of the agreement specified in Part 9 of Article 5 of this Federal Law. The consumer loan agreement is considered concluded from the moment the funds are transferred to the borrower.

7. The borrower has the right to inform the lender of his consent to receive a consumer loan (loan) on the terms specified in the individual terms of the consumer loan (loan) agreement within five working days from the date of providing the borrower with the individual terms of the agreement, unless a longer period is established by the lender. At the request of the borrower, within the specified period, the lender provides him with free of charge the general terms and conditions of a consumer credit (loan) agreement of the relevant type.

8. The lender does not have the right to unilaterally change the individual terms of the consumer credit (loan) agreement offered to the borrower within five working days from the date of their receipt by the borrower, unless a longer period is established by the lender.

9. If the lender receives the individual terms of the consumer credit (loan) agreement signed by the borrower after the expiration of the period established by part 8 of this article, the agreement is not considered concluded.

10. When concluding a consumer credit (loan) agreement, in order to ensure the fulfillment of obligations under the agreement, the lender has the right to require the borrower to insure, at his own expense, against the risks of loss and damage to the pledged property in an amount not exceeding the amount of the claim secured by the pledge, as well as to insure other insurable interests of the borrower . The lender is obliged to provide the borrower with a consumer loan (loan) on the same (amount, repayment period of the consumer loan (loan) and interest rate) conditions if the borrower has independently insured his life, health or other insurable interest in favor of the lender from an insurer that meets the criteria established by the creditor in accordance with the requirements of the legislation of the Russian Federation. If federal law does not provide for the obligatory conclusion of an insurance contract by the borrower, the lender is obliged to offer the borrower an alternative option for a consumer loan (loan) on comparable terms (amount and repayment period for a consumer loan (loan)) without the mandatory conclusion of an insurance contract.

11. A consumer credit (loan) agreement, which provides for the obligatory conclusion by the borrower of an insurance agreement, may provide that if the borrower fails to fulfill the insurance obligation for more than thirty calendar days, the lender has the right to decide to increase the interest rate on the issued consumer credit (loan) to the level of the interest rate in effect at the time of concluding a consumer loan (loan) agreement under consumer loan (loan) agreements on comparable (amount, repayment period of a consumer loan (loan) terms of a consumer loan (loan) without the obligatory conclusion of an insurance agreement, but not higher than the interest rate under such consumer credit (loan) agreements, in force at the time the lender made a decision to increase the interest rate due to failure to fulfill the insurance obligation.

12. If the borrower fails to fulfill the insurance obligation provided for by the terms of the consumer credit (loan) agreement for more than thirty calendar days, the lender has the right to demand early termination of the consumer credit (loan) agreement and (or) return of the entire remaining amount of the consumer credit (loan) along with the due interest for the actual loan period, notifying the borrower in writing about this and setting a reasonable period for repayment of the consumer loan (loan), which cannot be less than thirty calendar days from the date the lender sends the specified notice, except for the case provided for in Part 11 of this article.

13. If the borrower violates the obligation of the intended use of the consumer loan (loan) provided for in the consumer credit (loan) agreement, provided with the condition that the borrower uses the funds received for certain purposes, the lender also has the right to refuse further lending to the borrower under the consumer credit (loan) agreement and ( or) demand full early repayment of the consumer loan (loan).

14. The documents necessary for concluding a consumer credit (loan) agreement in accordance with this article, including the individual terms of the consumer credit (loan) agreement and an application for a consumer credit (loan), can be signed by the parties using an analogue of a handwritten signature in a manner confirming it belongs to the parties in accordance with the requirements of federal laws, and is sent using information and telecommunication networks, including the Internet. Each time the individual terms of a consumer credit (loan) agreement are reviewed on the Internet information and telecommunications network, the borrower must receive notification of the period during which a consumer credit (loan) agreement can be concluded with the borrower under such conditions and which is determined in accordance with this Federal Law.

15. When concluding a consumer credit (loan) agreement, the lender is obliged to provide the borrower with information about the amounts and dates of payments of the borrower under the consumer credit (loan) agreement or the procedure for determining them, indicating separately the amounts allocated to repay the principal debt on the consumer loan (loan), and amounts allocated for interest repayment, as well as the total amount of payments by the borrower during the term of the consumer credit (loan) agreement, determined based on the terms of the consumer credit (loan) agreement in force on the date of conclusion of the consumer credit (loan) agreement (hereinafter referred to as the payment schedule under a consumer credit (loan) agreement.This requirement does not apply to the case of a consumer credit (loan) with a credit limit.

Article 8. Transfer of an electronic means of payment when issuing a consumer loan using an electronic means of payment

When issuing a consumer loan using an electronic means of payment, it must be transferred to the borrower by the lender at the location of the lender (its structural unit), and if there is a separate consent in writing from the borrower - at the address specified by the borrower when concluding the consumer loan agreement, in a manner that allows clearly establish that the electronic means of payment was received by the borrower personally or by his representative entitled to do so. The transfer and use of an electronic means of payment by the borrower is permitted only after the lender has identified the client in accordance with the requirements provided for by the legislation of the Russian Federation.

Article 9. Interest on a consumer credit (loan) agreement

1. The interest rate under a consumer credit (loan) agreement can be determined using a rate in percent per annum, the fixed amount of which is determined by the parties to the agreement in the individual terms of the consumer loan (loan) agreement at its conclusion (constant interest rate), rate in percent per annum, amount which may vary depending on changes in the variable value provided for in the individual terms of the consumer credit (loan) agreement (variable interest rate).

2. The procedure for calculating a variable interest rate must include a variable value. The values of the variable must be determined based on circumstances beyond the control of the lender and its affiliates. Variable values should be regularly posted in publicly available information sources.

3. In the case of using a variable interest rate when determining the interest rate under a consumer credit (loan) agreement, the lender is obliged to notify the borrower that the value of the variable value by which the interest rate is calculated may change not only downward, but also upward , and also that changes in the values of a variable in past periods do not indicate a change in the values of this variable in the future.

4. The lender is obliged to notify the borrower of a change in the variable interest rate, in the calculation of which the value of the variable value is included, no later than seven days from the beginning of the lending period during which the changed variable interest rate will be applied, and provide the borrower with information about the full cost of the loan (loan ), calculated based on the changed value of the variable, as well as changes in the payment schedule under the consumer credit (loan) agreement (if it was previously provided to the borrower) in the manner provided for in the consumer credit (loan) agreement.

5. When changing the amount of upcoming payments under a consumer credit (loan) agreement, the lender sends the borrower an updated schedule of payments under the consumer credit (loan) agreement (if it was previously provided to the borrower) in the manner established by this agreement.

Article 10. Information provided to the borrower after concluding a consumer credit (loan) agreement

1. After concluding a consumer credit (loan) agreement, the lender is obliged to send the following information to the borrower in the manner established by the agreement or provide access to it:

2) the dates and amounts of the borrower’s made and upcoming payments under the consumer credit (loan) agreement (the amounts of the borrower’s upcoming payments under a consumer loan (loan) with a variable interest rate are determined in the manner established by this Federal Law);

3) other information specified in the consumer credit (loan) agreement.

2. After concluding a consumer credit (loan) agreement providing for the provision of a consumer credit (loan) with a credit limit, the lender is obliged to send to the borrower in the manner established by the consumer credit (loan) agreement, but at least once a month, if during the previous month the borrower's debt amount changed, the following information is free of charge or provide access to it:

1) the amount of the borrower’s current debt to the lender under a consumer credit (loan) agreement;

2) dates and amounts of payments made for the previous month and the upcoming payment of the borrower under the consumer credit (loan) agreement;

3) available amount of consumer credit (loan) with a credit limit.

3. After providing a consumer loan (loan), the borrower has the right to receive upon request once a month free of charge and any number of times for a fee the information specified in part 1 of this article.

4. Information about the presence of overdue debt under a consumer credit (loan) agreement is sent to the borrower free of charge in the manner and within the time period provided for in the consumer credit (loan) agreement, but no later than seven days from the date the overdue debt arose.

Article 11. The borrower’s right to refuse to receive a consumer loan (loan) and early repayment of a consumer loan (loan)

1. The borrower has the right to refuse to receive a consumer loan (loan), in whole or in part, by notifying the lender about this before the expiration of the period established by the agreement for its provision.

2. The borrower, within fourteen calendar days from the date of receipt of the consumer loan (loan), has the right to repay the entire amount of the consumer loan (loan) ahead of schedule without prior notification to the lender with payment of interest for the actual loan period.

3. The borrower, within thirty calendar days from the date of receipt of a consumer loan (loan), provided with the condition that the borrower uses the funds received for certain purposes, has the right to repay the entire amount of the consumer loan (loan) or part thereof to the lender ahead of schedule without prior notification to the lender with payment of interest for the actual loan period.

4. The borrower has the right to repay the entire amount of the received consumer loan (loan) or part thereof to the lender ahead of schedule, notifying the lender in the manner established by the consumer loan (loan) agreement no less than thirty calendar days before the day of repayment of the consumer loan (loan), unless a shorter period is established by the consumer credit (loan) agreement.

5. In the consumer credit (loan) agreement, in the case of partial early repayment of the consumer credit (loan), a requirement may be established for the early repayment of part of the consumer credit (loan) only on the day of the next payment under the consumer credit (loan) agreement in accordance with the payment schedule under a consumer credit (loan) agreement, but no more than thirty calendar days from the date of notification to the lender of such repayment with payment of interest for the actual loan period.

6. In case of early repayment of the entire amount of a consumer loan (loan) or part thereof, the borrower is obliged to pay the lender interest under the consumer loan (loan) agreement on the repaid amount of the consumer loan (loan) inclusively until the day of actual repayment of the corresponding amount of the consumer loan (loan) or its parts.

7. If the borrower early repays the entire amount of a consumer loan (loan) or part thereof in accordance with Part 4 of this article, the lender, within five calendar days from the date of receipt of the notification, based on the early repayment of the consumer loan (loan), is obliged to calculate the amount of the principal debt and interest for the actual period of use of the consumer loan (loan), payable by the borrower on the day the lender is notified of such early repayment, and provide the specified information. If the terms of the consumer credit (loan) agreement provide for the opening and maintenance of the borrower’s bank account with the lender, the lender also provides the borrower with information about the balance of funds in the borrower’s bank account.

8. In case of early repayment of part of a consumer credit (loan), the lender, in the manner established by the consumer credit (loan) agreement, is obliged to provide the borrower with the full cost of the consumer loan (loan) if the early repayment of the consumer loan (loan) led to a change in the full cost of the consumer loan (loan). credit (loan), as well as an updated payment schedule under the consumer loan (loan) agreement, if such a schedule was previously provided to the borrower.

9. Early repayment of part of a consumer loan (loan) does not entail the need to change the contracts ensuring the fulfillment of the borrower’s obligations under the consumer loan agreement.

Article 12. Assignment of rights (claims) under a consumer credit (loan) agreement

1. The creditor has the right to assign rights (claims) under a consumer credit (loan) agreement to third parties, unless otherwise provided by federal law or an agreement containing a condition prohibiting assignment, agreed upon when concluding it in the manner established by this Federal Law. In this case, the borrower retains in relation to the new lender all the rights granted to him in relation to the original lender in accordance with federal laws.

2. When assigning rights (claims) under a consumer credit (loan) agreement, the lender has the right to transfer personal data of the borrower and persons who provided security under the consumer credit (loan) agreement in accordance with the legislation of the Russian Federation on personal data.

3. The person to whom the rights (claims) were assigned under a consumer credit (loan) agreement is obliged to keep bank secrets and other legally protected secrets, personal data that became known to him in connection with the assignment of rights (claims), ensure the confidentiality and security of the specified data and bears responsibility for their disclosure.

Article 13. Dispute Resolution

1. Claims of the borrower against the lender for the protection of consumer rights are brought in accordance with the legislation of the Russian Federation.

2. In the individual terms of a consumer credit (loan) agreement, by agreement of the parties, the territorial jurisdiction of the case may be changed upon a claim of the creditor against the borrower, which arose or may arise in the future at any time before the court accepted the case for its proceedings, with the exception of cases established by federal laws.

3. When changing the territorial jurisdiction in the individual terms of the consumer credit (loan) agreement, the parties are obliged to determine the court whose jurisdiction will include the dispute on the claim of the creditor, within the constituent entity of the Russian Federation at the location of the borrower indicated by him in the consumer credit (loan) agreement, or at the place where the borrower received the offer (proposal to conclude an agreement).

4. The borrower and the creditor have the right to enter into an arbitration agreement to resolve a dispute under a consumer credit (loan) agreement only after the grounds for filing a claim arise.

Article 14. Consequences of a borrower violating the terms of repayment of the principal amount of debt and (or) payment of interest under a consumer credit (loan) agreement

1. Violation by the borrower of the deadlines for repayment of the principal amount of debt and (or) payment of interest under a consumer loan (loan) agreement entails liability established by federal law, the consumer loan (loan) agreement, as well as the emergence of the lender's right to demand early repayment of the entire remaining amount of the consumer loan (loan) together with the interest due under the consumer loan (loan) agreement and (or) termination of the consumer loan (loan) agreement in the case provided for by this article.

2. In the event of a violation by the borrower of the terms of the consumer credit (loan) agreement regarding the terms of repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than sixty calendar days during the last one hundred and eighty calendar days, the lender has the right to demand early repayment of the remaining amount consumer credit (loan) together with the interest due and (or) termination of the consumer credit (loan) agreement, notifying the borrower in the manner established by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer credit (loan), which cannot be less than thirty calendar days from the date the creditor sends the notice.

3. If the borrower violates the terms of a consumer credit (loan) agreement concluded for a period of less than sixty calendar days, the deadline for repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than ten calendar days, the lender has the right to demand early repayment the remaining amount of the consumer loan (loan) together with the interest due or termination of the agreement, notifying the borrower in the manner established by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer loan (loan), which cannot be less than ten calendar days from the date of sending by the creditor notifications.

4. Responsibility measures cannot be applied to the borrower for violating the deadlines for repayment of the principal amount of the debt and (or) payment of interest if the borrower complied with the deadlines specified in the last payment schedule under the consumer credit (loan) agreement sent by the lender to the borrower in the manner provided for in the consumer agreement credit (loan).

Article 15. Features of performing actions aimed at repaying debt under a consumer credit (loan) agreement

1. When taking actions aimed at repaying out-of-court debt incurred under a consumer credit (loan) agreement, the creditor and (or) legal entity with which the creditor entered into an agency agreement providing for such person to perform legal and (or) other actions, aimed at repaying debt incurred under a consumer credit (loan) agreement (hereinafter referred to as the person carrying out debt collection activities), has the right to interact with the borrower and persons who provided security under the consumer credit (loan) agreement, using:

1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);

2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

2. Other, with the exception of the methods specified in part 1 of this article, methods of interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt collection activities, can only be used when the presence in writing of the consent of the borrower or the person who provided security under the consumer credit (loan) agreement.

3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out debt collection activities:

1) direct interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, aimed at fulfilling by the borrower an obligation under an agreement whose performance period has not arrived, except in the case where the right to demand early fulfillment of an obligation under an agreement is provided for by federal law;

2) direct interaction or interaction through short text messages sent using mobile radiotelephone communication networks, on weekdays from 22:00 to 8:00 local time and on weekends and non-working holidays from 20:00 to 9:00 local time at the place of residence the borrower or the person who provided security under a consumer credit (loan) agreement, which was specified when concluding a consumer credit agreement (agreement ensuring the execution of a consumer credit (loan) agreement or about which the lender was notified in the manner established by the consumer credit (loan) agreement).

4. The creditor, as well as the person carrying out debt collection activities, does not have the right to take legal or other actions aimed at repaying debt incurred under a consumer credit (loan) agreement with the intention of causing harm to the borrower or the person who provided security under the consumer loan agreement (loan), as well as abuse the right in other forms.

5. When interacting directly with a borrower or a person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out debt collection activities are required to provide the last name, first name, patronymic (the latter if available) or the name of the creditor and ( or) the person carrying out debt collection activities, or the location, last name, first name, patronymic (the latter if available) and the position of the employee of the creditor or the person carrying out debt collection activities who interacts with the borrower, the location address for sending correspondence to the creditor and (or) the person carrying out debt collection activities.

Article 16. Supervision, control over compliance with the requirements of this Federal Law

1. Supervision over compliance by credit organizations and non-credit financial organizations with the requirements of this Federal Law is carried out by the Bank of Russia.

2. Control over compliance by persons engaged in debt collection activities, if they are not credit organizations or non-credit financial organizations, with the requirements of this Federal Law is carried out in accordance with federal laws.

Article 17. Entry into force of this Federal Law

2. This Federal Law applies to consumer credit (loan) agreements concluded after the day it enters into force.

3. The Bank of Russia begins publishing the average market values of the total cost of a consumer loan (loan) by categories of consumer loans (loans) provided for by this Federal Law no later than November 14, 2014.

President of the Russian Federation V. Putin

Article 7. Conclusion of a consumer credit (loan) agreement

3. Consideration of an application for a consumer loan (loan) and other documents of the borrower and assessment of his creditworthiness are carried out free of charge.

15. When concluding a consumer credit (loan) agreement, the lender is obliged to provide the borrower with information about the amounts and dates of payments of the borrower under the consumer credit (loan) agreement or the procedure for determining them, indicating separately the amounts allocated to repay the principal debt on the consumer loan (loan), and amounts allocated for interest repayment - in each payment, as well as the total amount of payments by the borrower during the term of the consumer credit (loan) agreement, determined based on the terms of the consumer credit (loan) agreement in force on the date of conclusion of the consumer credit (loan) agreement (hereinafter referred to as the payment schedule under a consumer loan (loan) agreement). This requirement does not apply to the case of a consumer loan (loan) with a credit limit.

(see text in the previous edition)

The topic of consumer lending, which has not left the news feeds in recent months, received another and very noticeable information impulse on New Year’s Eve. The President of the Russian Federation signed the Federal Law “On Consumer Credit (Loan)”. Very soon this Law will come into force, which will inevitably entail a significant restructuring of the legal regulation of relations in such a sensitive area as consumer lending to citizens. What will the legislative innovations mean for lenders and borrowers? We will try to answer this difficult question by turning to the most significant provisions of the normative act.

General issues of consumer lending to citizens

Let's start by considering the most general issues of consumer lending to citizens. Let us immediately clarify that Federal Law No. 353-FZ of December 21, 2013 “On consumer credit (loan)” (hereinafter referred to as Law No. 353-FZ) does not apply to relations arising in connection with the provision of consumer credit (loan) to citizens (for except in cases specifically stated), the borrower's obligations under which are secured by a mortgage (relations in the field of mortgage lending, see in this regard Articles 334 - 356 of the Civil Code of the Russian Federation (as amended on December 21, 2013) and the Federal Law of July 16, 1998 N 102-FZ (as amended on December 21, 2013)), as well as lending for purposes one way or another related to the implementation of entrepreneurial activities by citizens (Article 23 of the Civil Code of the Russian Federation and Federal Law dated July 24, 2007 N 209-FZ (as amended . from December 28, 2013)), defining consumer lending as a special type of professional activity for providing loans in cash, carried out at the expense of funds systematically attracted on a repayable and paid basis and (or) carried out (in the general case) at least four times within one year.

Terms of the consumer loan agreement. Full cost of a consumer loan

In accordance with Art. 5 of Law N 353-FZ, the relationship between the lender and the borrower is regulated by a consumer loan agreement. Such an agreement includes, in addition to information about the lender and borrower, general and individual conditions (conditions for the provision, use and return (also execution) of a consumer loan (Article 428 of the Civil Code of the Russian Federation). Obviously, without reaching a preliminary agreement between the lender and the borrower on the terms of the agreement, the conclusion The latter is impossible. And the first step towards agreeing on the positions of the parties is undoubtedly the provision by the lender of information about the terms of such an agreement to the borrower.

Note! The general conditions of the consumer loan agreement, established by the lender unilaterally for the purpose of repeated application, are brought to the attention of potential borrowers by the lender in advance, incl. by posting it on the Internet (on the lender’s official website) and other similar methods. Please note that the general conditions included in the consumer loan agreement must correspond to the information about such conditions provided in advance by the lender to the borrower.

Information on the conditions for granting, using and repaying a consumer loan includes:
1) name of the creditor, location of the permanent executive body, contact telephone number for communication with the creditor, official website on the Internet, license number for banking operations (for credit institutions), information on entering information about the creditor into the relevant state register (for microfinance organizations, pawnshops), on membership in a self-regulatory organization (for credit consumer cooperatives);
2) requirements for the borrower that are established by the lender and the fulfillment of which is mandatory for the provision of a consumer loan;
3) the timing of consideration of the borrower’s application for a consumer loan and the lender’s decision regarding this application, as well as the list of documents required for consideration of the application, incl. to assess the borrower's creditworthiness;
4) types of consumer credit;
5) the amount of the consumer loan and the terms of its repayment;
6) currencies in which consumer loans are provided;
7) methods of providing consumer credit, incl. using electronic means of payment by the borrower;
8) interest rates in percentage per annum, and when using variable interest rates - the procedure for their determination in accordance with the requirements of Law N 353-FZ;
9) types and amounts of other payments by the borrower under the consumer loan agreement;
10) ranges of values for the full cost of a consumer loan, determined taking into account the requirements of Law N 353-FZ by type of consumer loan;
11) frequency of payments by the borrower when repaying a consumer loan, paying interest and other payments on the loan;
12) methods for the borrower to repay a consumer loan, pay interest on it, including a free method for the borrower to fulfill obligations under a consumer loan agreement;
13) the period during which the borrower has the right to refuse to receive a consumer loan;
14) methods of ensuring the fulfillment of obligations under a consumer loan agreement;
15) the borrower’s responsibility for improper execution of the consumer loan agreement, the amount of the penalty (fine, penalty), the procedure for its calculation, as well as information about in what cases these sanctions can be applied;
16) information about other agreements that the borrower is obliged to conclude, and (or) other services that he is obliged to receive in connection with the consumer loan agreement, as well as information about the borrower’s ability to agree to the conclusion of such agreements and (or) the provision of such services or to refuse from them;
17) information about a possible increase in the amount of the borrower’s expenses compared to the expected amount of expenses in rubles, incl. when applying a variable interest rate, as well as information that changes in the foreign currency exchange rate in the past do not indicate a change in its exchange rate in the future (for consumer loans in foreign currency);
18) information on determining the foreign currency exchange rate in the event that the currency in which funds are transferred by the lender to a third party specified by the borrower when granting a consumer loan may differ from the currency of the consumer loan;
19) information on the possibility of prohibiting the assignment by a creditor of rights (claims) to third parties under a consumer loan agreement;
20) the procedure for the borrower to provide information on the use of a consumer loan (if a condition is included in the consumer loan agreement on the use by the borrower of the received consumer loan for certain purposes);
21) jurisdiction of disputes on claims of the creditor against the borrower;
22) forms (other standard forms) that define the general terms of the consumer loan agreement.

Note! The general terms of a consumer loan agreement should not provide for the borrower’s obligation to conclude (in connection with the conclusion of a consumer loan agreement) other agreements or to use the services of a lender (third parties) for a fee. The general terms of a consumer loan agreement cannot also provide for the borrower’s obligation to pay (in connection with the conclusion of a consumer loan agreement) payments not specified in the individual conditions of such an agreement, both in the period immediately preceding its conclusion and during the validity period of the agreement. However, both may be provided for by the individual terms of the contract.

The individual terms of a consumer loan agreement are agreed upon by the lender and the borrower (their authorized representatives) - usually in the process of familiarizing the borrower with the draft agreement. These conditions can be divided into mandatory (i.e., unconditionally subject to inclusion in the contract) and conditionally mandatory (optional).
Mandatory individual conditions for the provision, use and repayment of a consumer loan include information:
1) about the amount of a consumer loan or credit limit, the procedure for changing it;
2) on the validity period of the consumer loan agreement;
3) about the repayment period of the consumer loan;
4) about the currency (name of the currency) in which the consumer loan is provided;
5) on the interest rate (interest rate) in percent per annum, and when using a variable interest rate - the procedure for determining it (in accordance with the requirements of Law N 353-FZ);
6) on the number, size and frequency (timing) of payments by the borrower under a consumer loan agreement or the procedure for determining these payments;
7) on the procedure for changing the number, size and frequency (timing) of payments by the borrower in case of partial early repayment of a consumer loan;
8) on the methods of fulfilling monetary obligations under a consumer loan agreement in the locality at the location of the borrower specified in the consumer loan agreement, including a free method for the borrower to fulfill obligations under such an agreement in the locality at the place where the borrower received the offer (proposal to conclude an agreement) or at the location location of the borrower specified in the consumer loan agreement;
9) about the borrower’s responsibility for improper fulfillment of the terms of the consumer loan agreement, the amount of the penalty (fine, penalties) or the procedure for determining them;
10) on the possibility of prohibiting the assignment by a creditor of rights (claims) to third parties under a consumer credit (loan) agreement;
11) on the borrower’s agreement with the general terms and conditions of the consumer loan agreement of the relevant type;
12) on methods of information exchange between the lender and the borrower.
Optional conditions, in particular, include:
- on determining the foreign currency exchange rate - if the currency in which funds are transferred by the lender to a third party specified by the borrower when providing a consumer loan differs from the currency in which the consumer loan was provided;
- on the provision of security for the fulfillment of obligations under the contract, as well as on the requirements for such security - if there is an objective need to provide security;
- on the purposes of the borrower’s use of a consumer loan - if the agreement includes a condition on the borrower’s use of a consumer loan for certain purposes;
- about the services provided by the lender to the borrower for a fee and necessary for concluding a consumer loan agreement, their price or the procedure for determining it (if any) - if there is an objective need for the provision of such services;
- on the need for the borrower to conclude other agreements required for concluding (executing) a consumer loan agreement, for example an insurance agreement, etc. We note that an agreement providing for the obligatory conclusion by the borrower of an insurance agreement may, in addition, provide for a condition that in If the borrower fails to fulfill the insurance obligation for more than 30 calendar days, the lender has the right to decide to increase the interest rate on the issued consumer loan (subject to the restrictions provided for by Law No. 353-FZ).
The last two conditions are included in the consumer loan agreement only with the written consent of the borrower. At the same time, it is not allowed to charge the borrower a fee for the performance by the lender of actions in the performance of the duties assigned to him in accordance with regulatory legal acts, individual terms of the contract, or in the provision of services, the result of which does not result in a separate property benefit for the borrower, for example, services for opening a bank account (for crediting credit funds), etc. It should also be clarified that a consumer loan agreement (relevant condition) may establish either one or several ways for the borrower to fulfill monetary obligations under the agreement. In this case, the agreement must contain information about the method of free execution of the corresponding monetary obligation: in the locality where the borrower received the offer or at the location of the borrower specified in the consumer loan agreement.
The consumer loan agreement may also include other individual conditions arising from the specifics of its conclusion, which do not contradict Law No. 353-FZ (if the general terms of the agreement contradict the individual terms of the agreement, then the latter apply). At the same time, the following conditions cannot be included in the contract:
- on the transfer to the creditor as security for the fulfillment of obligations under the agreement of the entire amount of the consumer loan or part thereof;
- on the issuance by the creditor of a new consumer loan to the borrower in order to repay the existing debt to the creditor without concluding (after the date of occurrence of such debt) a new agreement;
- establishing the borrower’s obligation to use the services of third parties in connection with the fulfillment of the borrower’s monetary obligations under the agreement for a fee.

Note! Law N 353-FZ establishes special requirements for documenting the individual terms of the contract and information about the full cost of a consumer loan. Thus, the individual terms of the contract should be displayed in the form of a table of the established form with a clear, easy-to-read font.

The full cost of the consumer loan is displayed in a square frame in the upper right corner of the first page of the agreement, in front of the table containing the individual terms of the agreement, in a clear, easily readable font of the maximum size (of the font sizes used on this page). The area of the square frame must be at least five percent of the area of the first page of the consumer loan agreement.
Calculation of the full cost of a consumer loan (hereinafter referred to as the CLC) - as a percentage per annum - is carried out using the formula:

where is the date of the i-th cash flow (payment);
- date of initial cash flow (payment) (coincides with the date of transfer of funds to the borrower);
n - number of cash flows (payments);
- the amount of the i-th cash flow (payment) under the consumer loan agreement. Multidirectional cash flows (payments) (inflow and outflow of funds) are included in the calculation with opposite mathematical signs - the provision of a loan to the borrower on the date of its issuance is included in the calculation with a "minus" sign, the borrower's repayment of the loan, payment of interest on the loan - with a "plus" sign ";
PSK - value in percent per annum.
The value of the interest rate under a consumer loan agreement can be determined using either a rate in percent per annum, the fixed value of which is determined in the individual terms of the agreement at its conclusion (the so-called constant interest rate), or a rate in percent per annum, the value of which can vary depending on changes a variable amount provided for in the individual terms of the contract (the so-called variable or floating interest rate). The procedure for calculating a variable interest rate must include a variable value. The values of the variable must be determined based on circumstances beyond the control of the lender and its affiliates. Variable values should be regularly posted in publicly available information sources. If a variable interest rate is used when determining the interest rate under a consumer loan agreement, the lender is obliged to notify the borrower that the value of the variable value by which the interest rate is calculated may change not only downward, but also upward, and also that that a change in the values of a variable in past periods does not indicate a change in the values of this variable in the future. The lender is obliged to notify the borrower of a change in the variable interest rate, in the calculation of which the value of the variable value is included, no later than 7 calendar days from the beginning of the lending period during which the changed variable interest rate will be applied, and provide the borrower with information about the PIC calculated based on the changed the value of the variable, as well as changes in the payment schedule under the consumer loan agreement (if it was previously provided to the borrower) in the manner provided for in the consumer loan agreement. If the amount of upcoming payments under a consumer loan agreement changes, the lender sends the borrower an updated payment schedule under the consumer loan agreement (if it was previously provided to the borrower) in the manner established by this agreement. Let us pay attention to two more circumstances that are significant for determining the final size of the UCS.
Firstly, the Bank of Russia, in accordance with the procedure established by it, quarterly calculates and publishes information on the average market value of the PSK (for the categories of consumer loans established by it) no later than 45 calendar days before the start of the quarter in which the average market value of the PSK is subject to application. Categories of consumer loans are determined by the Bank of Russia in the manner established by it, taking into account the following indicators (their ranges):
- amount and repayment period of the consumer loan;
- availability of collateral for a consumer loan;
- type of creditor;
- purpose of consumer credit;
- use of an electronic means of payment;
- presence of a credit limit.
The average market value of the PSC is determined by the Bank of Russia as a weighted average of at least 100 largest lenders for the corresponding category of consumer loan or at least one third of the total number of lenders providing the corresponding category of consumer loan. At the time of concluding a consumer loan agreement, the actual value of the PSC cannot exceed the average market value of the PSC calculated by the Bank of Russia for the corresponding category of consumer loan applied in the corresponding calendar quarter by more than one third (however, if there is a significant change in market conditions affecting the PSC, a regulatory act of the Bank of Russia a period may be established during which the specified restriction is not subject to application).
Secondly, the creditor, for its part, has the right to unilaterally:
- reduce the constant interest rate;
- reduce (cancel) the fee for the provision of services provided for by the individual terms of the consumer loan agreement;
- reduce the amount of the penalty (fine, penalties) or cancel it completely (partially);
- establish a period during which a penalty (fine, penalty) is not charged, or make a decision to refuse to collect a penalty (fine, penalty);
- change certain general conditions of the consumer loan agreement.
However, all of the above will not entail the emergence of new (or an increase in the size of existing) monetary obligations of the borrower under the agreement. Information about changes in the terms of the consumer loan agreement is sent by the lender to the borrower in the manner established by the agreement, in the form of a notification. If the amount of upcoming payments changes, the notification also includes information about upcoming payments. In the future, the lender provides the borrower with adequate access to information about changes in the terms of the agreement. When determining - taking into account the above - the final size of the PSC, all payments preceding the date of transfer of funds to the borrower are included in the payments made by the borrower on the date of the initial cash flow (payment). In this case, the following payments by the borrower are included in the calculation of the PSC:
1) to repay the principal amount of debt under the agreement;
2) on payment of interest under the agreement;
3) payments by the borrower in favor of the lender, if the borrower’s obligation to make such payments follows from the terms of the agreement and (or) if the issuance of a consumer loan is made dependent on the borrower making such payments;
4) fee for issuing and servicing an electronic means of payment when concluding and executing an agreement;
5) payments in favor of third parties, if the borrower’s obligation to make such payments follows from the terms of the agreement in which such third parties are defined, and (or) if the issuance of a consumer loan is made dependent on the conclusion of an agreement with a third party - taking into account the following features:
a) if the terms of the contract specify a third party, then the tariffs applied by this person are used to calculate the PSC. The tariffs used to calculate the PSC may not take into account the individual characteristics of the borrower (if the lender does not take such characteristics into account, the borrower must be properly informed about this);
b) if, when calculating the PSC, payments in favor of third parties cannot be unambiguously determined for the entire loan term, then the calculation includes payments in favor of third parties for the entire loan term based on the tariffs determined on the day the PSC is calculated;
c) if the agreement specifies several third parties, then the calculation of the PSC can be made using the tariffs applied by any of them, and indicating information about the person whose tariffs were used in the calculation, as well as information that when the borrower contacts another person UCS may differ from the calculated one;
6) the amount of the insurance premium under the insurance agreement if the beneficiary under such an agreement is not the borrower or a person recognized as his close relative;
7) the amount of the insurance premium under a voluntary insurance agreement, if, depending on the conclusion of a voluntary insurance agreement by the borrower, the lender offers different terms of the consumer loan agreement, incl. in terms of the repayment period of the consumer loan and (or) PSK in terms of the interest rate and other payments.
The calculation of the UCS does not include:
1) payments by the borrower, the obligation to make which by the borrower follows not from the terms of the consumer loan agreement, but from the requirements of Law N 353-FZ, other federal law;
2) payments related to non-fulfillment (improper fulfillment) by the borrower of the terms of the agreement;
3) payments by the borrower for servicing the loan, which are provided for in the agreement, the amount and (or) terms of payment of which depend on the decision of the borrower and (or) the option of his behavior;
4) payments by the borrower in favor of insurance organizations when insuring the collateral under a collateral agreement that secures claims against the borrower under the agreement;
5) payments by the borrower for services, the provision of which does not determine the possibility of obtaining a consumer loan and does not affect the value of the PSC in terms of interest rates and other payments, provided that the borrower is provided with an additional benefit compared to the provision of such services on the terms of a public offer and the latter has the right to refuse the service within 14 calendar days (with a refund in this case of part of the payment in proportion to the cost of the part of the service provided before notification of refusal);
6) when providing a consumer loan with a credit limit - the borrower’s fee for carrying out transactions in a currency other than the currency stipulated by the agreement (the currency in which the consumer loan was issued), a fee for suspending operations carried out using an electronic means of payment, as well as other expenses borrower associated with the use of the latter.
When issuing a consumer loan using an electronic means of payment (hereinafter - ESP), the latter must be transferred to the borrower by the lender at the location of the lender (its structural unit), and if there is a written consent of the borrower - at the address specified by him when concluding the consumer loan agreement, in a way that makes it possible to clearly establish that the ESP was received by the borrower personally or by his authorized representative. The transfer and subsequent use of ESP by the borrower is permitted - we emphasize this - only after the lender has identified the client in the prescribed manner. If the terms of the consumer loan agreement require the borrower to pay various payments depending on his decision, then the PSC is calculated based on the maximum possible amount of the consumer loan and the terms of its repayment, equal payments under the agreement (including the return of the principal amount of the debt, the payment of interest and other payments determined by the terms of the agreement). If the consumer loan agreement provides for a minimum monthly payment, then the PSC is calculated based on this condition (in accordance with the amount of such payment). Before concluding a consumer loan agreement, the lender and the borrower, in addition to actions aimed at agreeing on their positions regarding the terms of the agreement, also perform some other actions. In particular, the creditor:
1) examines (free of charge) the borrower’s documents in order to determine his creditworthiness (carries out the so-called underwriting procedure, if necessary, providing the borrower with a document confirming the acceptance of documents for consideration);
2) offers the borrower additional paid services (including those related to ensuring the borrower’s insurable interest) - with the receipt of written consent from the borrower to provide him with the relevant services, while simultaneously providing the borrower with the opportunity to agree or refuse to provide him with such additional services for a fee, in incl. through concluding other agreements that the borrower is obliged to conclude in connection with the consumer loan agreement;
3) when the borrower applies for a consumer loan in the amount (with a lending limit) of 100 thousand rubles. and more (in an equivalent amount in foreign currency) - is obliged to inform the borrower that if within one year the total amount of payments for all the borrower’s obligations under credit agreements, loan agreements, including payments on the consumer loan provided will exceed 50 percent of the borrower’s annual income, then the borrower faces the risk of failure to fulfill his obligations under the contract and, in this regard, the application of penalties to him.
For its part, the borrower:
1) provides the creditor with the necessary documents;
2) expresses written consent or disagreement with the provision of additional paid services;
3) within the period established by Law N 353-FZ, informs the creditor of his consent to receive a consumer loan on the terms announced to him.
The lender may refuse to enter into an agreement with the borrower without giving reasons, unless federal laws provide for the obligation of the lender to justify the refusal to enter into an agreement. However, let us clarify that most often a negative decision is made by the lender due to the borrower’s unsatisfactory underwriting or due to the latter’s failure to fulfill at least one of the conditions required for concluding a consumer loan agreement. Information about refusal to conclude a consumer loan agreement (from providing a consumer loan, part thereof) is sent by the lender to the National Bureau of Credit History (NBKI) in the prescribed manner. If the creditor makes a positive decision, the consumer loan agreement is concluded in the manner established by law for concluding a credit agreement (loan agreement) (Articles 432 - 449 of the Civil Code of the Russian Federation), taking into account the provisions of Law N 353-FZ, which we will focus on. Further.

Conclusion of a consumer loan agreement

Law N 353-FZ qualifies a consumer loan agreement as concluded if two conditions are met:
1) agreement has been reached between the lender and the borrower on all individual terms of the agreement (the achievement of such agreement is generally certified by the signatures of the parties to the agreement), while the application for a consumer loan, the documents necessary for concluding a consumer loan agreement, including the individual terms of the agreement, may be signed by the parties using an analogue of a handwritten signature in a manner confirming its ownership by the parties in accordance with the requirements of federal laws, and sent using information and telecommunication networks (hereinafter referred to as ITS). Note that when using this method of exchanging documented information, the borrower, each time he familiarizes himself with the individual terms of the contract in the ITS, must receive from the lender a notification about the period during which the contract can be concluded under such conditions;
2) the agreement is considered concluded from the moment (date) of transfer of loan funds to the borrower.
When concluding a consumer loan agreement, the lender:
a) is obliged to provide the borrower with information (in the form of a so-called payment schedule) about the amounts and dates of the borrower’s payments under the agreement (the procedure for determining them), indicating separately the amounts allocated to repay the principal debt on a consumer loan and the amounts allocated to repay interest , as well as the total amount of payments by the borrower during the term of the agreement, determined based on the conditions in force on the date of conclusion of the agreement (this requirement does not apply to the case of a consumer loan with a credit limit);
b) has the right to require the borrower to insure at his own expense the corresponding insurable interest of the borrower (the lender is obliged to provide the borrower with a consumer loan on the same terms (amount, repayment period of the consumer loan and interest rate) if the borrower has independently insured the corresponding insurable interest in favor of the lender with the insurer, meeting the criteria established by the lender in accordance with the requirements of the law, and if the latter does not provide for the mandatory conclusion of an insurance contract by the borrower, then the lender is obliged to offer the borrower an alternative option for a consumer loan on comparable terms of a consumer loan, but without the mandatory conclusion of an insurance contract). We further note that the borrower has the right to inform the lender of his consent to receive a consumer loan on the terms specified in the individual terms of the agreement within 5 business days from the date the borrower is provided with the individual terms of the agreement (unless a longer period is established by the lender or by agreement between the lender and borrower), while during the specified period the lender does not have the right to unilaterally change the individual terms of the contract offered to the borrower. At the request of the borrower, within the specified period, the lender provides the borrower with the general terms and conditions of the consumer loan agreement of the corresponding type free of charge. The borrower has the right to refuse to receive a consumer loan (in whole or in part) by notifying the lender in writing before the expiration of the period established by the agreement for its provision. If the lender receives the individual terms of the agreement signed by the borrower after the expiration of the established period, the consumer loan agreement is not considered concluded. After concluding the contract, incl. providing for the provision of a consumer loan with a credit limit, the lender is obliged to send the borrower in the manner established by Law N 353-FZ and the agreement, the following information (provide the borrower with access to it):
1) the amount of the borrower’s current debt to the lender under a consumer loan agreement;
2) dates and amounts of the borrower’s made and upcoming payments under the consumer loan agreement;
3) other information specified in the consumer loan agreement (for example, information about the available amount of consumer loan with a credit limit).
After granting a consumer loan, the borrower has the right to receive the above information upon request on a monthly basis: once a month - free of charge, any number of times a month - for a fee. Information about the presence of overdue debt under a consumer loan agreement is sent to the borrower free of charge in the manner prescribed by the agreement. Please note that the period for sending such information cannot exceed 7 calendar days from the date the borrower became overdue, incl. due to the insufficiency of the amount of payment made by the borrower for the proper fulfillment of obligations under the agreement. Repayment of overdue debts in such cases is carried out in the following order:
1) debt on interest;
2) debt on the principal debt;
3) penalty (fine, penalty), and their amount cannot exceed:
a) 20% per annum, if under the terms of the agreement interest is accrued on the amount of the consumer loan for the corresponding period of violation of obligations;
b) 0.1% of the amount of overdue debt for each day of violation of obligations, if, under the terms of the agreement, interest on the amount of the consumer loan (loan) for the corresponding period of violation of obligations is not accrued;
4) interest accrued for the current payment period;
5) the amount of the principal debt for the current payment period;
6) other payments provided for by Law No. 353-FZ, other federal laws or agreement.

Amendment and termination of a consumer loan agreement

Changing the terms of a consumer loan agreement is carried out in compliance with the requirements established by Federal Law No. 353-FZ of December 21, 2013 “On Consumer Credit (Loan)” (hereinafter referred to as Law No. 353-FZ), and other federal laws. In the general case (Article 450 of the Civil Code of the Russian Federation), changes in the terms of the contract are permitted by agreement of the parties, concluded in a form similar to the form of the contract, i.e. in relation to a consumer loan agreement, in writing.
In addition, at the request of one of the parties, the agreement can be changed in court (in accordance with a court ruling that has entered into legal force), incl. in case of a significant violation of the contract by the other party, as well as in other cases provided for by federal laws or the contract. Let us recall that such a violation of the contract (its terms) by one of the parties is considered significant, as a result of which one of the parties suffers damage, leading to the latter losing to a significant extent what the corresponding party had the right to count on when concluding the contract.
The contract may also be amended in the event of a unilateral refusal to fulfill the contract in whole or in part, if such refusal is permitted by federal laws or by contract (agreement) of the parties. The parties to the contract may determine other grounds for changing its terms, incl. depending on the occurrence or, conversely, non-occurrence of the relevant circumstances, by including the relevant provisions directly in the contract or by concluding an appropriate written agreement among themselves.
Now let's turn to considering the grounds for terminating a consumer loan agreement. In accordance with Art. 450 of the Civil Code of the Russian Federation, termination of a contract is allowed on the same grounds as for changing it, in compliance with the general procedure provided for in Art. 452 of the Civil Code of the Russian Federation (a similar procedure is applied for the purposes of amending the contract).
Law N 353-FZ allows, upon the occurrence of appropriate circumstances, the termination of a consumer loan agreement both at the initiative of the lender and at the initiative of the borrower. Thus, if the borrower fails to fulfill the insurance obligation provided for by the terms of the consumer loan agreement for more than 30 calendar days, the lender has the right to demand early termination of the agreement and (or) return of the entire remaining amount of the consumer loan along with the interest due for the actual period of use of the loan funds, notifying in writing this borrower. The notice shall indicate a reasonable period for repayment of the consumer loan, which in general cannot be less than 30 calendar days from the date of sending the specified notice.
If the borrower violates the obligation of the intended use of loan funds provided for with the condition of use for certain purposes, provided for in the consumer loan agreement, the lender also has the right to refuse further lending under the agreement and (or) demand from the borrower the full early repayment of the corresponding amount of the consumer loan.
A consumer loan agreement can be terminated at the initiative of the borrower after 14 calendar days (or more - during the entire period of validity of the agreement, with the exception of the last 30 calendar days of this period) from the date of receipt of loan funds in the event of their early return to the lender with payment of interest for the actual loan term (in case of early repayment of the entire amount of a consumer loan (loan) or part thereof, the borrower is obliged to pay the lender interest under the consumer loan (loan) agreement, interest on the repaid amount of a consumer loan is calculated inclusively until the day of actual repayment of the corresponding amount), but is not required preliminary notification of the lender by the borrower, and the fact of repayment of loan funds and interest for the actual loan period in this case is established on the basis of properly executed documents.
Termination of a consumer loan agreement provided with the condition that the borrower uses the loan funds for certain purposes is permitted on the above conditions, but not earlier than 30 calendar days from the date of receipt by the borrower.
Early return of loan funds to the lender (with payment of interest for the actual loan period) after 14 or 30 calendar days from the date the borrower received loan funds, but not less than 30 calendar days (except for cases where a shorter period is established by the agreement) before the agreement established the date of repayment of a consumer loan - in whole or in part - is allowed with mandatory notification of this to the creditor. The method of such notification is also established by the contract. The lender, within 5 calendar days from the date of receipt of the notification, is obliged, based on the early repayment of the consumer loan amount, to calculate the amount of principal and interest for the actual period of use of the consumer loan to be paid, and provide the specified information to the borrower (if the terms of the agreement provide for the opening and maintenance of a bank account borrower from the lender, the latter also provides the borrower with information about the balance of funds in the bank account).

Note! The date of termination of the agreement in such cases (as a general rule) is considered to be the day following the day the borrower fully repays the loan funds and interest for the actual loan period, while the agreement (written agreement of the parties to the agreement) may establish a different date for termination of the consumer loan agreement on the basis in question - in particular, the agreement may provide for a condition for the early repayment of a consumer loan (part of it with payment of interest for the actual loan term) only on the day of making the next payment under the agreement (in accordance with the payment schedule), but no more than 30 calendar days from the date of written notification to the creditor of such return.

In case of early repayment of part of a consumer loan, the lender, in the manner prescribed by the agreement, is obliged to provide the borrower with updated information about the PSC, if the early repayment of part of the loan funds led to a change in the PSC provided for in the agreement at its conclusion. An updated payment schedule is provided to the borrower if such a schedule was provided to him earlier (at the conclusion of the agreement). At the same time, we emphasize that early repayment of part of a consumer loan does not entail the need to change the contracts ensuring the fulfillment of the borrower’s obligations under the consumer loan agreement.
The parties to the consumer loan agreement may also determine other grounds for its termination, incl. depending on the occurrence or, conversely, non-occurrence of the relevant circumstances, by including the relevant provisions directly in the contract or by concluding an appropriate written agreement among themselves.

Assignment of rights (claims) under a consumer loan agreement

A few words about the assignment of rights (claims) under a consumer loan agreement. The creditor has the right to assign rights (claims) under the consumer loan agreement to third parties, incl. for the purpose of returning the resulting debt, unless otherwise provided by federal laws or an agreement (the latter must include a condition prohibiting assignment). When assigning rights (claims) under a consumer loan agreement, the lender has the right to transfer personal data of the borrower and persons who provided security under the agreement, in accordance with the law (Federal Law of July 27, 2006 N 152-FZ, as amended on January 1, 2014), and the person , to whom the rights (claims) under the agreement were assigned (hereinafter referred to as the new creditor), is obliged to ensure the confidentiality and security of the specified data.
The borrower retains in relation to the new creditor all the rights granted to it in relation to the original creditor in accordance with Law N 353-FZ, other federal laws (but, note, not the agreement). The borrower's filing of claims for the protection of consumer rights against the lender in order to resolve disputes in connection with the conclusion of a consumer loan agreement is carried out in accordance with the law (RF Law of 02/07/1992 N 2300-1 as amended on 01/01/2014). The territorial jurisdiction of the case on the claim of the creditor against the borrower, which has arisen (may arise in the future at any time before the court accepts the case for its proceedings), can be changed by agreement of the parties in accordance with the individual terms of the agreement (except for cases established by law) and taking into account relevant provisions of Law No. 353-FZ.

Consequences of a borrower violating repayment deadlines principal amount and (or) interest payment

Until recently, the “painful point” in the system of organizational and legal regulation of consumer lending remained the resolution (primarily out of court) of situations that arose as a result of the borrower’s violation of the terms of repayment of loan funds.
It is gratifying that Law No. 353-FZ allows, albeit purely theoretically for now, to dot all the “i’s” here. According to Law N 353-FZ, a borrower’s violation of the terms for repayment of the principal amount of debt and (or) payment of interest under a consumer loan agreement entails liability established by law and the agreement, as well as the emergence of the lender’s right to demand early repayment of the entire remaining amount of the consumer loan (together with those due under contract with interest) and (or) termination of the contract, including, we emphasize this, out of court. In this case, of course, it is understood that the violation is properly established primarily on the basis of the relevant (payment and other) documents.

Note! If the borrower violates the terms of the consumer loan agreement regarding the terms of repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than 60 calendar days during the last 180 calendar days, the lender has the right to demand early repayment of the remaining amount of the consumer loan (together with the due interest) and (or) termination of the agreement, notifying the borrower in the manner established by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer loan, which cannot be less than 30 calendar days, calculated from the date of sending by the creditor.

If the borrower violates the terms of a consumer loan agreement concluded for a period of less than 60 calendar days, the deadline for repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than 10 calendar days, the lender has the right to demand early repayment of the remaining amount of the consumer loan ( together with the interest due) or termination of the agreement, notifying the borrower in the manner established by the agreement and determining a reasonable period for repayment of the remaining amount of the consumer loan, which cannot be less than 10 calendar days calculated from the date of sending the notification. At the same time, liability measures cannot be applied to the borrower for violating the deadlines for repaying the principal amount of a consumer loan and (or) paying interest if he complied with the deadlines specified in the last payment schedule under the agreement, duly sent to him by the lender.
When taking actions aimed at repaying out-of-court debt incurred under a consumer loan agreement, the creditor and (or) legal entity with which the creditor has entered into an agency agreement providing for such person to perform legal and (or) other actions aimed at repaying the debt, arising under the agreement, has the right to interact with the borrower and persons who provided security under the consumer loan agreement, using for this purpose:
- personal meetings;
- telephone conversations;
- postal items at the place of residence of the borrower (the person who provided security under the agreement);
- telegraph messages;
- text, voice and other messages transmitted over telecommunication networks (including mobile radiotelephone networks).
Other methods of interaction with the borrower (the person who provided security under a consumer loan agreement) can be used at the initiative of the creditor and (or) the person carrying out debt collection activities, only with the written consent of the borrower (the person who provided security under the agreement). At the same time, at the initiative of the creditor and (or) the person carrying out debt collection activities, the following actions are not allowed:
- personal meetings, telephone conversations with the borrower or the person who provided security under the agreement, aimed at fulfilling by the borrower the obligation under the agreement, the fulfillment period of which has not arrived, except for the case when the right to demand early fulfillment of the obligation under the agreement is provided for by Law No. 353-FZ or otherwise federal law;
- personal meetings, telephone conversations or interaction with the borrower (the person who provided security under the agreement) through short text messages sent using mobile radiotelephone networks on weekdays from 22 to 8 o'clock local time and on weekends (non-working holidays ) days from 20 to 9 o'clock local time at the place of residence of the borrower (the person who provided security under the agreement), which was indicated when concluding a consumer loan agreement (agreement ensuring the execution of a consumer loan agreement) or about which the lender was notified in the manner established by the agreement consumer loan.
The creditor (the person carrying out debt collection activities) does not have the right to take legal or other actions aimed at repaying the debt incurred under a consumer loan agreement with the intention of causing harm to the borrower (the person who provided security under the agreement), as well as abuse the right in other forms . In direct interaction with the borrower (the person who provided security under the consumer loan agreement) - i.e. during personal meetings and telephone conversations, the creditor (the person carrying out debt collection activities) is obliged to report either:
- last name, first name, patronymic (the latter if available) or name of the creditor and (or) person carrying out debt collection activities;
- location, surname, first name, patronymic (the latter if available) and position of the employee of the creditor or person engaged in debt collection activities who interact with the borrower;
- location address for sending correspondence to the creditor (the person carrying out debt collection activities).
Let us note in conclusion that Law No. 353-FZ applies to consumer credit (loan) agreements concluded after the day it entered into force, i.e. starting from July 2, 2014. In order to prevent violations of Law No. 353-FZ, supervision over its compliance is carried out by the Bank of Russia. The publication of the average market values of the total cost of a consumer loan (loan) by category of consumer loans (loans) provided for by Law N 353-FZ is carried out by the Bank of Russia starting from November 14, 2014.
Control over compliance by persons engaged in debt collection activities, if they are not credit (non-credit financial) organizations, with the requirements of Law N 353-FZ is carried out in accordance with federal laws (the corresponding functions can, in particular, be carried out by the Prosecutor's Office of the Russian Federation and other authorized organs).

In its form, a consumer lending agreement can be mixed and contain elements of different obligations, for example: about a loan, about a bank account, about the use of collateral to fulfill obligations, as well as other conditions (Article 421 of the Civil Code of the Russian Federation).

The relations of the parties under a mixed contract are applied in the relevant parts to the rules on contracts, the elements of which are contained in the mixed contract, unless otherwise follows from the agreement of the parties or the essence of the mixed contract. In particular, such an agreement must be concluded in simple written form (Articles 339, 820 of the Civil Code of the Russian Federation).

In order to simplify the procedure for concluding an agreement between the bank and the client, as well as to comply with the form of the agreement, the method of concluding an agreement provided for in paragraph 3 of Article 434 of the Civil Code of the Russian Federation can be used. In this case, the client sends the bank an offer to conclude a mixed agreement containing the above elements and all the essential conditions necessary for each of the elements, and the bank in response takes actions to implement the client’s proposals: opens an account, provides a loan, accepts collateral.

The approximate structure of a loan agreement is as follows:

· introductory part;

· general provisions;

· subject of the agreement;

· loan terms;

· terms and procedure of payments;

· rights and obligations of the parties;

· other conditions;

· addresses, details and signatures of the parties For the procedure for concluding a consumer lending agreement, see Table 1..

Table 1. Procedure for concluding a consumer lending agreement

	Lender (bank)

Request for credit (usually verbal)	Offer to submit the required documentation

Drawing up the necessary documentation, including information about yourself, occupation, income	Checking the submitted documentation in various ways, determining the borrower’s solvency

Providing guarantees for loan repayment (property pledge, deposit, surety, etc.)	Establishing the reliability of these guarantees

Preparing a loan repayment plan	Determining the acceptability of the loan repayment schedule and its sources

Evaluation of the terms of the loan agreement	Proposals on the terms of the loan agreement (loan amount, terms, interest on the loan, etc.)

Conclusion of a loan agreement

The contract is considered concluded when the parties reach agreement on all its essential terms discussed earlier.

The terms of a consumer lending agreement can be defined in standard rules approved by the bank. The conditions contained in such rules and not included in the text of the consumer loan agreement are binding on the client if the agreement specifies the application of such rules, and the rules themselves are set out in the same document with the agreement or on its reverse side, or are attached to it and handed to the client when concluding an agreement, about which a corresponding entry is made in the agreement See: Grudtsyna L.Yu., Spektor A.A. Civil law of Russia: Textbook for universities. - M.: JSC Justitsinform, 2008. - P. 230..

It should be noted that an agreement concluded in the above manner qualifies as an ordinary agreement and not as an adhesion agreement. In all agreements that can be classified as consumer lending agreements, the main obligation is a monetary obligation. And in this regard, the issue of delay in fulfilling an obligation is important, as well as the ability to minimize this risk. Therefore, depending on the security, loans are divided into secured and unsecured (form or personal) See: Sukhanov E.A. Civil law. Textbook. Volume 2. - M.: Infra-M, 2008. - P. 253.. Article 329 of the Civil Code of the Russian Federation, based on the general principle of freedom of contract, established the openness of the list of ways to ensure the fulfillment of obligations. This means that, in addition to those described in the law, the parties can apply any legal constructions they invent that serve the purpose of ensuring the fulfillment of obligations.

In addition, the bank must be sure that the client intends and is able to pay his debts. Banks may require a material guarantee of loan repayment (collateral, deposit).

The following may be used as a guarantee of loan repayment by the borrower:

wages and other income,

· pledge of property, including that acquired through a loan,

· insurance policies; savings deposit mortgage,

· guarantee of third parties,

· other types of guarantees.

Acquiring ownership of the debtor's property has obvious advantages for the creditor compared to collateral and lien. The latter, due to restrictions established by law, do not in most cases give the creditor sufficient confidence in the quick and full satisfaction of his claims by collecting on the pledged (held) property. The procedure for foreclosure and sale of retained property is similar to that applicable to collateral.

The main reason why a bank requires collateral is the risk of incurring losses if the borrower is unwilling or unable to repay the loan on time and in full. Collateral does not guarantee repayment of the loan, but it reduces the risk, since in the event of non-repayment of the loan, the bank receives an advantage over other creditors in relation to any type of assets that are accepted as security for the bank loan.