Current innovative issues of legal regulation of collection activities

Abstract

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.