Specifc Perspectives of the Formation and Legal Regulation of Collection Activities in Russia and Foreign Countries

Abstract

The relevance can be accounted for he imperfection of the legal regulation of collection activities in the Russian Federation and the lack of development of the law enforcement mechanism, which entails the need for a comprehensive academic substantiation of the trends in the development and improvement of legal regulation of collection activities in Russia.The article presents the comparative analysis of the legal regulation of legal relations arising in the course of collection activities in Russia and overseas in order to identify legal gaps in domestic legislation governing debt collection activities. The author examines the background information on the origin and development of collection activities in Russia and abroad. The paper reveals some signifcant differences in the regulation of the institution of interaction of collectors with third parties, as well as in approaches to determining the boundaries of psychological pressure on the debtor. The author analyzes the practice of transferring authority to collect debt from the original creditor to collection agencies. On the basis of the analysis presented, possible ways for improving the domestic legislation governing debt collection activities are suggested, considering the positive and negative aspects of foreign legal experience.