О ростовщичестве и преюдициальности в свете постановления Конституционного Суда по делу Филатова

Abstract

On December 25, 2023, the Constitutional Court of Russia adopted Decree No. 60-P in Filatov case concerning usurious interest. The article substantiates that in interpreting the institution of prejudice, the new approach contradicts the numerous practices of the Constitutional Court itself, in particular, it introduces prejudice on issues of law, and not just fact. In addition, the Decree does not consider the key question of what are the usually charged interest rates in the sense of paragraph 5 of Article 809 of the Civil Code and, accordingly, what are the usurious interest rates? The author’s position on this issue is proposed, taking into account the European and American experience of limiting usury. In particular, it is suggested to unify the interest rate ceilings (caps) and also establish a maximum debt-to-loan ratio for B2C consumer loans and small B2B loans to individual entrepreneurs, regardless of who the creditor is.