Our services:
We provide legal services in the most complex areas of law
Legal practices
According to RAPSI, the Plenum of the Supreme Court of the Russian Federation (SCRF) initiated amendments to the Tax Code of the Russian Federation to prevent schemes to evade court fees through assignment.
The problem was that debt collectors and microfinance organizations (MFOs) were massively transferring debt claims to individuals with disabilities, who enjoy preferential treatment in the courts. In effect, the disabled individual was acting as a plaintiff on behalf of a professional debt collector.
The new ban on fee exemptions will apply strictly to cases where the claim was acquired under an assignment agreement.
However, if the disabled individual is the original creditor or injured party, all their benefits will be retained in full.
The amendment is aimed solely at combating the unfair use of procedural advantages.
Conclusion:
Debt collection lawyers should be aware that saving on fees by transferring debts to privileged categories of individuals will no longer work. The courts will carefully examine the basis for the emergence of the claimant's right of claim already at the stage of accepting the application.