Debt short: SWO participants will be allowed to go into out-of-court bankruptcy
Participants in special operations will be allowed to go into extrajudicial bankruptcy. Soldiers will be allowed to write off up to 1 million rubles of debts, while recovery will not be imposed on payments for military service (similar to recipients of child allowances and pensioners). Such a bill was approved by the government commission on February 24, "Izvestia" found out. Russia is consistently simplifying the mechanism of out-of-court bankruptcy: it allows citizens to start their financial history with a clean slate, save on fees and lawyers, and get rid of attacks by debt collectors. Can there be abuses - in the material "Izvestia".
How to file for bankruptcy through the MFC
The authorities will simplify the bankruptcy procedure for participants of special operations - the military will be able to recognize financially insolvent without a court. Such amendments were prepared by the Ministry of Energy on the instructions of President Vladimir Putin. The Government Commission on Legislative Activity approved the initiative on February 24, a source in the Cabinet told "Izvestia". The materials for the meeting of the law commission are at the disposal of the editorial board.
For the time being, the soldiers of the SVO can be recognized as insolvent only through the arbitration court - since they have regular income that can theoretically be used to repay the debt.
After the adoption of the amendments, the out-of-court mechanism for them will operate by analogy with the procedure for recipients of child allowances, according to the documents for the meeting of the legal commission. Now individuals who have debts, no property for collection and whose main income is payments from the state for children, can file for bankruptcy free of charge through the MFC.
According to the materials available to "Izvestiya", the insolvency of the participant of the special operation will be able to recognize without a court under several conditions:
- The citizen's debt is not more than 1 million rubles;
- he must file for out-of-court bankruptcy and register his application no later than a year ago;
- the soldier has no property that can be arrested.
After the application is approved, the serviceman will be included in a special register of bankrupts and a moratorium will be imposed on his debts, that is, creditors and collectors will not be able to demand payment of them and interest. At the same time, the fact of participation in the SWO will not be displayed in public data - the portal will only show that the citizen meets the conditions for the application of a simplified procedure, follows from government documents.
The out-of-court mechanism is now available not only to recipients of child allowances, but also to pensioners and citizens who cannot pay off debts for more than seven years, listed Maria Spiridonova, managing partner of Leges Bureau, a member of the Association of Lawyers of Russia (ALR).
"Izvestia" sent a request to the Cabinet of Ministers, the Ministry of Economic Development and the Ministry of Justice with a request to assess the impact of the amendments on citizens. The Ministry of Justice advised to address the developer of the bill, i.e. the Ministry of Economic Development.
Why simplify the bankruptcy procedure
Now a person who receives regular income can not become bankrupt, because the collection will apply to these revenues. But combat pay and compensation are protected by law - that is, they are not subject to write-offs to pay off debts, emphasized Olga Leonova, associate professor of the Department of State and Municipal Finance at the Plekhanov Russian Economic University.
- According to the law, accruals for participation in the SWO cannot be used to pay off debts, bailiffs cannot take them away. In addition, it is forbidden to block and close the accounts of fighters," the expert added.
Therefore, the bankruptcy procedure for the participants of special operations is now similar to the general practice. It can be used to write off various debts through the court, including loans, credits and debts on other financial obligations, listed Olga Leonova. The exceptions are alimony, property compensation and health compensation.
The measures approved by the Pravokommission are aimed at protecting the rights of servicemen and their families, so that they could settle the issue without court and concentrate on their direct tasks without fear of losing their legal payments, Olga Leonova said. If the combat accruals are still written off, the participant of the SWO can file a complaint with the bailiffs, pointing out the erroneous collection of protected funds.
Pros and cons of out-of-court bankruptcy
The main advantages of the out-of-court procedure are that it is free of charge and does not require the help of lawyers, since the employees of the MFC fill out the application according to the template, shared Maria Spiridonova from the AYUR. In addition, the entire process of recognizing a person as bankrupt through this mechanism lasts no more than six months (as opposed to proceedings in court, which can go on for years). And of course, according to the lawyer, the citizen does not need to attend court hearings, and he will not be blocked accounts.
The system of out-of-court bankruptcy is aimed at unloading the courts and simplifying the life of debtors, the expert believes. This form allows to quickly solve financial problems, which is especially important for the military, who after service found themselves in a difficult financial situation with no other sources of income except for combat pay, said Olga Leonova. In addition, she said, debt collectors often make the life of debtors unbearable, so from the point of view of psychological comfort such a mechanism is very useful.
Russia is not the only country that applies the mechanism of out-of-court bankruptcy, she continued. Insolvency proceedings are becoming more humane all over the world due to the growing number of overdue debts. In Russia, for example, a few years ago the procedure was allowed for recipients of benefits and pensioners, despite the fact that they have at least some income. Now the turn has come to the participants of SWO.
- The disadvantage of bankruptcy - both judicial and out-of-court - is that a person's credit history will remain spoiled for many years to come. This means that if he needs money, he will not be able to get a loan," said Natalia Milchakova, a leading analyst at Freedom Finance Global.
In addition, she said, the accessibility and ease of the procedure can lead to abuse. For example, a person has accumulated loans, but decided to write them off. However, he is already used to living in debt, and he can no longer take loans officially. This can lead a citizen to the black market of loans, and there to "black collectors" is not far away. Repeated out-of-court bankruptcy will be prohibited to him, - said the expert.
At the same time, after the recognition of certain persons as bankrupt, banks suffer losses, as they will not receive their funds, and this is not compensated in any way, added Olga Leonova. However, financial institutions have a special system of borrower assessment, which allows them to protect themselves from potential risks of losing money. In case of new cases of default, lenders tighten the terms of lending (for example, by increasing interest rates or requiring guarantors), the expert emphasized.
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