Sandalova V.A., Azarova E.S. The Supervision Over Observance and Enforcement of the Banking Legislation in the Field of Mortgage Lending
DOI: https://doi.org/10.15688/lc.jvolsu.2022.2.10
Victoria A. Sandalova, Senior Lecturer, Department of Procedural Law and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8600-4974
Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5130-1653
Introduction: the digitalization of information interchange between parties to a civil transaction contributes to the dynamic growth of transactions, including in the banking sector. At the same time, disappointing statistics for the period 2021 – early 2022 indicate a decline in the growth of criminal acts against the individual against the background of a constant increase in malicious acts and offenses in the field of obtaining and issuing borrowings and loans, mortgages with the participation of consumers. Realizing the importance of the human rights activities of the prosecutor’s office in the supervision and control of observance and enforcement of the banking legislation, the leadership of the Prosecutor General’s Office of Russia has designated the sphere of mortgage lending involving citizen participation as the primary area of the prosecutor’s attention. Revealing qualitative indicators in the implementation of supervisory measures by the prosecutor’s office aimed at detecting and suppressing violations of the banking legislation in the field of mortgage lending is the purpose of the scientific study. Methods: the methodological framework for the journalistic research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: the study analyzes the implemented measures within the framework of the prosecutor’s supervision over observance and enforcement of the banking legislation in the field of mortgage lending. A positive trend in the human rights activities of the prosecutor’s office in the direction under study is noted, which has a positive impact, including on judicial practice to protect the rights of borrowers. The opinion is expressed on the need to address organizational issues of interaction of the prosecutor’s office with other agencies with similar powers, and, directly, with credit organizations. Conclusions: the authors are convinced of the importance of the role of the prosecutor’s office in the field under study, which can influence the stability of civil turnover, the formation and implementation of the principles of good faith and freedom of contract. The solution of issues of interdepartmental interaction and problems of information availability of banking information will contribute to strengthening the beneficial effect in the implementation of supervisory measures by the prosecutor’s office aimed at detecting and suppressing violations of the banking legislation in the field of mortgage lending.
Key words: prosecutor’s supervision, banking legislation, borrowing, mortgage loan, stability of civil turnover, integrity, freedom of contract.
Citation. Sandalova V.A., Azarova E.S. The Supervision Over Observance and Enforcement of the Banking Legislation in the Field of Mortgage Lending. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 2, pp. 75-82. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.2.10
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