From The Washington PostBy Cornel Ban and Kevin GallagherDecember 17, 2014 Cornel Ban...
Institutions providing microfinance services in Russia include formal institutions (banks, non-bank credit institutions, credit cooperatives and state/municipal development funds) and semi-formal institutions (which take several organizational forms and play a major role in the industry). Banks and non-bank credit institutions are regulated by the Central Bank of the Russian Federation. Credit cooperatives are not regulated at the federal level; however, states may regulate credit cooperatives through state-specific laws. Finally, several state and municipal small and medium enterprise support funds exist and are regulated by state, regional, and federal governments. Microfinance organizations are governed by a legal framework adopted in July 2010, under which the Ministry of Finance issued prudential regulations for microfinance organizations and the Federal Service for Financial Markets (FSFM) established and maintains a federal register of microfinance organizations. The FSFM also maintains federal registers of other relevant entities, including consumer credit providers and credit bureaus.
- Central Bank of the Russian Federation
- Ministry of Finance of the Russian Federation
- Federal Service for Financial Markets
Microfinance & Banking
Banks and Non-Bank Credit Institutions
- Federal Law No. 151-FZ of 2010 on Microfinance and Microfinance Organisations (English) (enacted in 2010) (English)
- Federal Law No. 395-I of 1990 on Banks and Banking Activities (amended through 2009) (English)
- Federal Law No. 86-FZ of 2002 on the Central Bank of the Russian Federation (amended through 2008) (English)
- Russian Civil Code (Chapter 42 “Loans and Credits”) of 1994 (amended through 2003) (English)
- Federal Law No. 190-FZ on Credit Cooperation (enacted in 2009) (English)
- Federal Law No. 193-FZ of 1995 on Agricultural Cooperation (amended through 2008) (English)
Small and Medium Scale Entrepreneurship
- Federal Law No. 209-FZ of 2007 on Developing Small and Medium Scale Entrepreneurship (amended through 2008) (English)
The issue of consumer protection in the financial market has increased in importance recently with the development of consumer finance and insurance. There is neither specific regulation nor a specific public authority supervising consumer protection in the microfinance sector. Â Federal Law No. 2300-I of 1992 on Protection of Consumer Rights lays down general provisions to protect consumers of marketed products and services. The authority to monitor compliance with the law is delegated to a special federal service (Rospotrebnadzor).Â
There is currently no specific legislation governing consumer credit, collection activities, and the bankruptcy of individuals. Numerous cases of abuse have been reported in these spheres. In the absence of specific legislation, interpretations of the broader Civil Code provisions made by supervising authorities and higher courts are particularly important. In recent years, provisions were added to the Federal Law No. 395-I of 1999 on Banks and Banking Activities to ensure disclosure of the full cost of credit and to regulate the procedure of changing interest rates on consumer loans and deposits.
A Deposit Insurance Agency has been established in the form of a state corporation and authorized to protect the rights of depositors and compensate them in the event their bank goes bankrupt. Bank deposits of natural persons are insured for 100% up to 700,000 rubles (about 24,000 US dollars).Â
Natural persons investing in securities are protected by a special Federal Law No. 46-FZ of 1999 on Protection of Investors Rights and Lawful Interests on the Securities Market. From a legal point of view, such investors are not recognized as consumers. The responsibility to monitor compliance with this law is assigned to a special oversight body, the Federal Service for Financial Markets (FSFM), but FSFM is not a mega-regulator and is only responsible for the securities market. In addition to FSFM, there is the Federal Antimonopoly Service, which is active in monitoring compliance with the Federal Law No. 135-FZ of 2006 on the Protection of Competition. This law was designed to ensure the free movement of goods, protection of competition, and freedom of economic activity in the Russian Federation.
Supervision over credit cooperatives is exercised by self-regulatory organizations, which in turn are overseen by the Ministry of Finance. This system of supervision is still under construction, since it was established by the Federal Law No. 190-FZ of 2009 on Credit Cooperation.
In general, the regulation of consumer protection in the Russian financial market can be described as fragmented rather than systemic. Certain universal approaches applicable to different segments of the financial market (banks, insurance, and investment in securities) are still being developed.Â
- Federal Law No. 135-FZ of 2006 on the Protection of Competition (enacted in 2006) (English)
- Federal Law No. 2300-I of 1992 on Protection of Consumer Rights (amended through 2007) (Russian)
- Federal Law No. 234-FZ of 2007 on Amending the Federal Law No. 2300-I on the Protection of Consumer Rights and the second part of the Civil Code (enacted in 2007) (Russian)
- Federal Law No. 46-FZ of 1999 on Protection of Investors Rights and Lawful Interests on the Securities Market (enacted in 1999) (Russian)
- Federal Law No. 103-FZ of 2009 on Receiving Payments from Natural Persons Pursued by Payment Agents (enacted in 2009) (English)
- Federal Law No. 115-FZ of 2001 on Countering Money Laundering and Financing of Terrorism (amended through 2009) (English)
- Federal Law No. 121-FZ Amending Laws Concerning Activities Involving the Acceptance of Payments from Physical Persons which are Carried Out by Payment Agents (enacted in 2009) (English)