Елена Самтынова
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Банк России направил письмо в адрес кредитных, микрофинансовых организаций, кредитных потребительских, сельскохозяйственных кредитных потребительских кооперативов и ломбардов, в котором рекомендуется, начиная с даты, с которой велся отсчет кредитных каникул по закону, реструктурировать долг по собственной программе заемщика по кредитным договорам в связи с невозможностью предоставления документов или предоставлением недостаточных документов для получения кредитных каникул (Письмо Банка России от 30 июня 2020 г. № ИН-06-59-104). Напомним, для предоставления кредитных каникул заемщик должен предоставить кредитору документы, подтверждающие снижение дохода, в течение 90 дней (ч. 7 ст. 6 Федерального закона от 3 апреля 2020 г. № 106-ФЗ). В ближайшие дни этот срок наступит для заемщиков, воспользовавшихся каникулами в первые дни действия закона.
«Вероятны ситуации, когда заемщик не сможет в этот срок подтвердить снижение дохода на 30% (например, совершив ошибку в расчетах при обращении за каникулами). При этом Банк России полагает, что для добросовестных заемщиков невозможность подтвердить документально право на использование кредитных каникул не должно оборачиваться болезненными последствиями», – отмечает1 регулятор. Такой подход, по его мнению, позволит заемщику избежать просроченной задолженности и не испортить кредитную историю. В свою очередь, гражданам рекомендуется заранее обратиться к кредитору и вместе с ним найти приемлемое решение.
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Кроме того, в случае если заемщик получил кредитные каникулы, но передумал ими пользоваться, это также не должно обернуться для него негативными последствиями. Поскольку заемщик вправе в любой момент до поступления от кредитора уведомления о предоставлении кредитных каникул либо до истечения срока, указанного в ч. 12 ст. 6 Федерального закона от 3 апреля 2020 г. № 106-ФЗ, отозвать требование об их предоставлении, уведомив об этом кредитора, Банк России рекомендует кредиторам рассматривать вопрос об отказе заемщика от кредитных каникул и после уведомления кредитором заемщика о предоставлении кредитных каникул, но до даты начала льготного периода, определенного в требовании. В этом случае запрошенные кредитором документы предоставлять не нужно, а отзыв требования о предоставлении кредитных каникул не должен препятствовать повторному обращению заемщика с требованием о предоставлении кредитных каникул. Банк России отдельно напомнил кредитным организациям, что указанные рекомендации не влияют на требования по резервированию. В части создания резервов кредитным организациям рекомендуется руководствоваться письмом от 17 апреля 2020 г. № ИН-01-41/72.
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1 С информацией Банка России от 2 июля 2020 г. можно ознакомиться на официальном сайте регулятора (https://www.cbr.ru/press/event/?id=6890).
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