The increase fines for advertising financial services to 1 million rubles is justified – this is the position of state-legal department of the Russian president on the bill submitted to the Duma deputy Victor Klimov.
The experts from the presidential department decided that the increase in penalties for banks can lead to more turbulence in the banking market. As stated in the letter sent to the GPU to the National Council for Financial Market (NSFR), bankers argue that the fines are disproportionate and violations entail withdrawal of the banks from the market to be reasonable, write “News”.
The deputy chairman of the Duma Committee on Economic Policy, Innovation and Entrepreneurship Development Victor Klimov (faction “United Russia”) introduced a bill to raise the penalties for violating the law on advertising in October this year. Invited to the lower limit of fines for banks tripled, from 100 thousand. Up to 300 thousand. Rubles, the top – twice, with 500 thousand. Up to 1 million rubles.
“The Law about potrebkredite, which entered into force on 1 July 2014, ordered the banks to disclose all relevant information about loans (interest rates, the total price of the loan overpayment, penalties for delay, the cost of insurance services, and others.) in the field of services and contracts, but not in advertising, – said in a memorandum. – Attracted attractive interest rates Russians continue to live in debt, not knowing what lies behind enticing slogans. In 2013, the banks have spent on advertising their services 14 billion rubles. Often their advertising is in conflict with the law because it does not provide borrowers complete and accurate information and is silent about the conditions related services – as a result of a loan becomes much more expensive than it is written in an advertising poster. Fines imposed on banks for violation of the court, small – an average of 113 thousand. rubles and are reason enough to comply with the law “.
The bankers were against innovation. In November NSFR conclusion on the bill stated that the fines at a level of 500 thousand. Rubles installed in the Administrative Code for much more serious offenses than for advertising finuslug – for example, for illegal advertising of medicines. Therefore strap 1 million rubles for banks disproportionate to the offense of public danger: it can happen that the bank will be fined in the amount of 1 million rubles for violations that caused the damage to smaller amounts or for advertising, involves no negative consequences for the citizens, according to the NSFR. The organization also questioned the statistical arguments Klimov and notes that the bill does not impose liability for companies that do not have a license to work on finrynke but advertise their services – for example, psevdomikrofinansovyh organizations that are not in the register of the Central Bank and which hang ads “Credit for 5 minu tes “on poles.
In the State Legal Department of the President of the Russian Federation supported the arguments of the banking association, noting following consideration NSFR conclusion that the arguments of credit institutions are reasonable. This fall, the bankers managed to convince the authorities of another malignancy bill similar persuasion – The State Duma has agreed not to increase the penalty for violation of the rights of consumers by banks 25 times, up to 1 million rubles. Sanctions will remain the same: a fine of up to 20 thousand. Rubles for consumer fraud and up to 40 thousand. Rubles – for inadequate provision of services.
Klimov refused to comment.
According to the managing partner of law firm EMPP Sergei Yegorov, the position of the GPU ultimately depends whether the bill is agreed upon, and the law was signed by the President of the Russian Federation.
Deputy Chairman of the Duma Committee on finrynku Dmitry Savelyev (LDPR faction) agree that with high probability the bill will be rejected Klimov, just the GPU support the position of the bankers. However Savelyev favors initiative Klimov. According to Savelyev, to be administered for the banks increased the penalties for violating the law on advertising – that they were nepovadno deceive the consumer. The interviewee said that the advertising of financial services should contain all of the key conditions that may affect the overpayment on the loan – for example, the rate and the total cost of the loan. Also to the citizens should be made available information on the amounts of fines for delay, said Savelyev. In his view, those banks that offer borrowers “Trojan horse”, ignoring all the conditions of the loan, not a place in the market. Saveliev explains that such a position is due to the mass appeals of citizens, especially the elderly, to the State Duma on advertising banks. The same position is shared by the chairman of the Consumers Union of Russia Peter Shelisch.
Deputy Chairman of the Federation Council Committee on Budget and Financial Markets Nikolay Zhuravlev – for the bankers and the GPU.
– Autukhovich need for systematic violations, and not for everyone, as proposed, – says Zhuravlev. – In addition, in the application of penalties should be clear approaches. For example, on the issue of placing all relevant information on the posters: objectively all the information typed in large print, poster did not fit. But if the bank at the same time provides complete information at the point of processing the loan, which means that it fulfills the requirements of the law.
Specify in advertising all financial conditions sometimes just not physically possible, echoed by the head of the Center for Legal Support retail business Binbanka Irina Gudkov. Vice-president of the bank “Interkommerts” Alexander Cowards do not understand the logic of the proposed increase fines and believes that if and increase fines, it is necessary to bind them to the sum of the size of the bank. For example, higher fines (0.5 to 1 million rubles) – for the 50 largest banks by assets, current – for all other banks.
The cost of advertising banks reduced . During the first 9 months of 2014 they amounted to 22.5 billion rubles, a decrease of 12.1% compared to the same period last year. For the III quarter of the banks have spent on advertising 8.7 billion rubles – 15.3% less than the same period last year, says the head of the analytical department of the bank BKF Maxim Osadchiy. Fines paid by banks in “other business transactions” (which include penalties for violating the law on advertising) for 9 months in 2014 amounted to 0.9 billion rubles.
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