The Central Bank proposed to increase fines for banks for violation of consumer rights
The Bank of Russia intends to equalize fines for violating the rights of consumers of final services with sanctions for violation of anti -missile legislation. If the idea is implemented, then fines for violation of consumer rights will grow from several tens of thousands of rubles to 0.1–1% of the capital of the bank. Financiers consider the measure of unjustified, consumer defenders and lawyers are on the KB side.
On Thursday, the head of the Central Bank, speaking in the State Duma, noted that the legislative changes that were adopted earlier are working. So, according to her, last year complaints about imposing paid services have almost halved.
However, this is not enough, it is necessary to strengthen liability (the amount of fines for violations of consumer rights). “This is a strong restraining factor for unscrupulous behavior,” said Mrs. Nabiullina.
As explained by Kommersant in the Central Bank, the bill on strengthening the liability of banks for violations of consumer rights is under development. It is assumed that the amount of the fine will be determined based on the principle of proportionality of the material benefit obtained as a result of the violations – from 0.1 to 1% of the amount of the bank’s own funds (capital).
The Bank of Russia has an idea to equate fines for violating the rights of consumers with fines for laundering and financing of terrorism, which are calculated as a percentage of capital: 0.1% (at least 100 thousand rubles), and if the order is not fulfilled in a period of 1% (at least 1 million rubles), said “Kommersant” by the head of the National Council of the Financial Market (NSFR) Andrei Emelin: “This is It is many times higher than the maximum size of the fines acting today for violation of consumer rights in all areas. ” There is, according to him, an incomprehensible moment – a fine is planned to be introduced for each fact of a violation or in conjunction for systematic violations. “Now this initiative is a very tense discussion around this initiative, and it is still unclear how it will end,” he adds. The interlocutors of Kommersant from among bankers consider the current fines quite sufficient. However, they did not comment on the Central Bank’s initiative in banks.
Elvira Nabiullina, The head of the Bank of Russia, April 3:
“What are we missing? We clearly lack higher fines for banks for violating consumer rights. ”
According to Kommersant’s financial authorized Svetlana Maksimova (the service resolves the disputes of citizens and financial organizations in a pre -trial manner), the number of appeals in relation to banks increased in 2024 compared with 2023 by 14%. Basically, citizens’ complaints were related to the use of unacceptable practices by banks in the offer of additional services for credit. “The main problem with such services is that the banks replaced them with“ surrogates, ”she continues.“ Banks seek to prevent gross violations of the law, while regularly inventing more and more new ways of bypassing it. ”
In total, in 2024, the Finnish service revealed more than 500 unacceptable practices of credit organizations, less than 150 unacceptable practices were revealed in the activities of MFIs and insurers in 2024. The topic of imposed complements formally voluntary, but in reality, the rejection of which increases the cost of lending, did not become less acute, Dmitry Yanin agrees to the prescription of the international confederation of consumer societies (Confop).
Currently, the banks do not provide for special liability measures for violation of consumer rights, and therefore, they are responsible on a common basis, the Practice of private clients, the lawyer AB “S&K Vertical” Tatyana Mikoni, indicates.
The following fines were established for violation of consumers of financial services (Article 14.8 of the Code of Administrative Offenses): for officials from 2 thousand to 4 thousand rubles, for legal entities from 20 thousand to 40 thousand rubles, explains Yuri Pustovit managing partner Yuri. “For the real influence on the actions of banks, administrative fines should be ten times higher to create some pressure,” says Ilya Pasenko, senior lawyer of ATLEGAL. “The introduction of fines tied to the volume of operations or the profit of the bank could be an effective decision,” Olga Sulim concludes the chairman of the college of lawyers Sulim and partners.
