Сравнительное исследование противодействия преступлениям в сфере возврата просроченной задолженности на примере Российской Федерации и некоторых представителей романо-германской правовой семьи

Abstract

Relevance: In our country, the activity for the return of overdue debts has a faulty reputation and is not sufficiently developed professionally. Violent debt collection crimes are increasingly discussed in the media. Only in 2016, Russia adopted a special law on the regulation of the so-called «collection» organizations. Despite the fact that there have been fewer high-profile crimes in the field of debt collection, these relations need further regulation.
 Problem: Due to the fact that the market of «collection» services in our country is quite young, the author sees the need for a comparative study on legislative regulation and combating crime in the area under study using the example of Russia and two leading European countries.
 Purpose: The study of methods of counteracting criminal acts in the field of debt recovery, used by representatives of the Romano-Germanic legal family, has not been previously conducted. In this regard, the author aims to analyze the legislation of the leading European countries - Germany and France in the aspect of combating illegal ways of collecting overdue debts.
 Methods: comparative legal, analysis, dialectics, analogy.
 Conclusions: 1. The author comes to the conclusion that in order to improve the professional activity of debt recovery in the Russian state, it is necessary to pay special attention to better training of personnel. 2. One of the author’s proposals is the idea of securing at the legislative level the obligatory entry of a “collection” organization into the professional community, represented by a special association. 3. A large number of illegal methods used by illegal debt collectors are associated with such a phenomenon as «stalking». In this regard, various approaches to the criminal legal counteraction to stalking in the criminal legislation of the considered countries can be useful in formulating proposals for improving domestic criminal legislation in the direction of stabilizing relations in the field of overdue debt recovery.