Маргарита Горовцова
dizajnersab.mail.ru / Depositphotos.com
Группа депутатов Госдумы и сенаторов РФ разработала законопроект1, который предоставляет защиту от взыскания некоторым социальным выплатам. Банки не смогут принудительно взыскивать в счет уплаты кредита поступления, которые перечислены в ч. 1 ст. 101 Федерального закона от 2 октября 2007 г. № 229-ФЗ «Об исполнительном производстве»:
возмещение вреда здоровью или в связи со смертью кормильца; компенсации гражданам, которые получили увечья при исполнении служебных обязанностей; компенсации жертвам радиационных или техногенных катастроф; единовременная помощь пострадавшим от стихийного бедствия, теракта и т.п.; алименты; детские пособия; единовременная «школьная» выплата в размере 10 тыс. руб., которую родители получали в текущем году, и т. д.
Может ли банк включать в договор кредита условие о том, что в составе платежа в первую очередь в счет исполнения обязательств заемщика перед банком подлежат погашению суммы неустоек и процентов и лишь затем — сумма основного долга? Узнайте ответ из Энциклопедии решений. Договоры и иные сделки системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
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Этот список будет пополнен еще одной выплатой – денежные выплаты малоимущим в рамках государственной соцпомощи, в том числе на основании социального контракта.
Для того чтобы банк мог погасить долги по кредиту за счет этих выплат, ему необходимо будет получать дополнительное согласие заемщика, причем отдельно по каждому поступлению. Но если у заемщика изменятся обстоятельства и ему срочно понадобятся деньги, такое согласие можно будет отозвать в течение двух недель. В таком случае банк обязан будет вернуть средства на счет в течение трех календарных дней.
Должник же сможет в течение семи дней пополнить счет аналогичной суммой, причем задолженность в такой сумме не будет считаться просроченной в течение этой недели (то есть на нее не будут начисляться штрафы и пеня).
Предлагаемые поправки касаются обязательств, обеспеченных ипотекой. Изменения планируется внести в Федеральный закон от 21 декабря 2013 г. № 353-ФЗ «О потребительском кредите (займе)».
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1 С текстом законопроекта № 1248303-7 «О внесении изменений в отдельные законодательные акты Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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