The Institution of the Financial Ombudsman as an Instrument for Improving the Model Disputes Resolution Procedure in the Financial Market (Attempted Inductive Analysis)

Abstract

The paper analyzes the experience of the newly created institution of the financial ombudsman that serves to consider property disputes arising between consumers and financial organizations through pre-trial procedure; considers the main trends and patterns shown at the initial stage of functioning of the institution; provides forecasts and recommendations for the development of the institution of pre-trial dispute resolution in financial markets. The author focuses on the anlysis on the role of the financial ombudsman in the formation of the procedural aspect of the contemporary financial disputes resolution. According to the results of the study, the author concludes that the institution of the financial ombudsman can and should be developed with due regard to the comments made on possible areas of expansion of his or her functions on the basis of the main task, namely: to create a business environment where the rights of consumers of financial services are protected to the greatest extent possible. However, to move to this makes sense only after the Federal Law of June 04, 2018 № 123-FZ “On the Ombudsman for the Rights of Consumers of Financial Services” comes into force, i.e. after January 1, 2021.