Елена Самтынова
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В Госдуму поступил законопроект о внесении поправок в Федеральный закон от 21 декабря 2013 года № 353-ФЗ «О потребительском кредите (займе)» (далее – Закон № 353-ФЗ), в котором планируется1 прописать, что в уведомлении об отказе в удовлетворении требования заемщика о предоставлении льготного периода для приостановления исполнения обязательств по кредиту (займу) либо уменьшения размера платежей, кредитор обязан указать причины такого отказа. Изменения планируется внести в ч. 12 ст. 6.1-1 Закона № 353-ФЗ.
Как отмечается в пояснительной записке к законопроекту, он разработан в целях недопущения недобросовестной практики кредитных (некредитных) организаций, выраженной в необоснованных отказах предоставления гражданам и субъектам МСП кредитных (ипотечных) каникул. Напомним, Федеральным законом от 3 апреля 2020 г. № 106-ФЗ предусмотрена возможность для граждан и предпринимателей отсрочки платежей по кредитам и займам на срок до полугода в случае, если они пострадали от снижения доходов в связи с пандемией COVID-19 (кредитные каникулы). Между тем, отмечается в пояснительной записке, от заемщиков продолжают поступать жалобы на необоснованные отказы банков в предоставлении им кредитных и (или) ипотечных каникул, при этом банки взамен предлагают собственные программы реструктуризации кредитной задолженности, которые не всегда являются экономически выгодными для заемщиков.
Все важные документы и новости о коронавирусе COVID-19 – в ежедневной рассылке Подписаться
Поскольку информационное письмо Банка России № ИН-06-59/93 от 28 мая 2020 г. в части направления заемщикам информации о причинах такого отказа носит рекомендательный, а значит, необязательный характер, указанную норму предлагается прописать на законодательном уровне.
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1 С текстом законопроекта № 1049782-7 «О внесении изменений в Федеральный закон «О потребительском кредите (займе)» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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