当前催收活动法律规制的创新问题

M. Semenova
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引用次数: 0

摘要

问题设置。在我国法律制度发展的现阶段,对催收公司的法律规制存在着许多矛盾和空白。在通过乌克兰第1349-IX号法律“关于乌克兰在解决逾期债务中保护债务人的某些立法行为的修正案”之前,现行立法既没有明确的行为规则,也没有对从事催收活动的实体进行明确的行为规则,也没有对这些人在解决逾期债务中与债务人互动的道德行为和规则的强制性统一要求。这就需要对收集者经济活动的法律规制进行全面和比较的分析,这也是本研究的目的。本研究的对象是从事催收活动的实体与债务人之间的法律关系。分析最近的研究和出版物。乌克兰催收活动的法律规制问题以及确定金融公司的性质及其活动的具体内容,长期以来一直引起研究人员的关注。m。v。Fedik在不同时期都在研究这个问题。[1,第107页],叶戈里切瓦[2,第117-119页],丹查[3,第52-55页],门图克,谢夫克[4,第58-62页],扎伊卡[5,第169-176页],萨夫丘克,格里布科[6,第132-137页]。与此同时,通过为催收人的活动制定明确的法律规则和确保遵守债务人的权利来解决催收人偿还坏账的程序问题,需要进一步研究。研究的目标是确定催收实体在解决逾期债务期间的状态变化,这是由乌克兰第1349-IX号法律“关于乌克兰在解决逾期债务中保护债务人的某些立法法案的修正案”提出的。文章的主体。第一次全面分析了乌克兰第1349-IX号法律“关于乌克兰在解决逾期债务中保护债务人的某些立法法案的修正案”通过之前的催收人活动及其活动前景。在此基础上,对法律的执行前景作出了结论。该研究致力于分析催收人的活动状况以及解决逾期债务期间产生的法律关系的法律解决变化,这些法律解决是由乌克兰第1349-IX号法律“关于乌克兰保护债务人债务的某些立法法案的修正案”引入的。结论及发展展望。因此,总的来说,对第1349-IX号法律的系统分析使我们能够得出结论,其条款包含了对催收公司业务活动的法律监管的创新条款,这将对解决逾期债务和保护债务人的权利产生积极影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Current innovative issues of legal regulation of collection activities
Problem setting. At the present stage of development of the national legal system there are a number of conflicting issues and gaps in the legal regulation of collection companies. Prior to the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" the current legislation did not contain clear rules of conduct either for entities engaged in collection activities or mandatory uniform requirements to the ethical conduct and rules of interaction of such persons with the debtor in the settlement of overdue debt. This necessitates a comprehensive and comparative analysis of the legal regulation of economic activity of collectors, which is the purpose of this study. The object of the study is the legal relationship between entities engaged in collection activities and debtors. Analysis of recent researches and publications. Problems of legal regulation of collection activities in Ukraine and determining the nature of financial companies and the specifics of their activities have attracted the attention of researchers for a long time. So M. V. Fedik was engaged in research of this question at different times. [1, p. 107], S. B. Egoricheva [2, p. 117-119], M. I. Dancha [3, p. 52-55], N. V. Mentukh, O. R. Shevchuk [4, p. 58-62], A. G. Zaika [5, p. 169-176], O O. Savchuk, S. V Glibko [6, p. 132-137]. At the same time, the issue of settling the procedure for repaying bad debts by collectors by introducing clear legal rules for their activities and ensuring compliance with the rights of debtors requires further research. The target of research is to determine the changes in the state of collection entities during the settlement of overdue debt, which was proposed by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts". Article’s main body. For the first time a comprehensive analysis of the activities of collectors before the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" and prospects of their activities. On the basis of which conclusions were made on the prospects for the implementation of the law. The research is devoted to the analysis of the state of activity of collectors and changes in the legal settlement of legal relations arising during the settlement of overdue debt, which were introduced by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors debt ". Conclusions and prospects for the development. Thus, in general, a systematic analysis of Law № 1349-IX allows us to conclude that its provisions contain innovative provisions on the legal regulation of business activities of collection companies, which will have positive consequences for settling overdue debts and protect the rights of debtors.
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