29 december 2021, 10:31

FOS begins electronic communication with FBS to enforce FOS decisions

The Financial Ombudsman Service (FOS) has begun electronic interaction with the Federal Bailiffs’ Service (FBS) of Russia: since December 29, 2021 FOS certificates have been submitted to the FBS of Russia exclusively in the form of an electronic document via a unified system of interdepartmental electronic interaction. The electronic interaction shall be carried out pursuant to Federal Law No. 291-ФЗ of July 1, 2021 «On Amendments to Articles 12 and 31 of the Federal Law «On Enforcement Proceedings» and Article 23 of the Federal Law «On the Ombudsman for the Rights of Consumers of Financial Services»».

In accordance with the amended legislation, the Financial Ombudsman shall send the enforcement document (the Financial Ombudsman’s certificate) to the FBS exclusively in the form of an electronic document signed with an enhanced qualified electronic signature via the interdepartmental electronic interaction system (IEIS) for the enforcement of the decisions.

The Financial Ombudsman’s certificate is issued in case of non-execution of a Financial Ombudsman’s decision that has come into force for a financial institution. It is an enforcement document. On the basis of this certificate a bailiff enforces the Financial Ombudsman’s decision in accordance with the legislation of the Russian Federation.

A consumer of financial services can apply to the Financial Ombudsman for a certificate to be issued directly to a bank or credit institution or for the document to be sent to the FBS of Russia for the compulsory execution of the decision. In the event that the certificate was issued to the consumer as a hard copy but the consumer has subsequently applied for the document to be sent to the bailiffs, the original certificate will need to be returned to the FOS. The Financial Ombudsman shall in turn send the certificate electronically to the bailiffs.

At the same time, consumers who received a paper certificate before December 29, 2021, to collect money through bailiffs, may still apply to the FBS in accordance with the previous procedure.

Pursuant to the amendments to the legislation, which entered into force on 29 December 2021, the Financial Ombudsman Service will also keep a register of issued certificates, to which banks and other credit institutions will have access. Thus, when a consumer of financial services presents a certificate, the bank or credit institution will be able to verify the authenticity of the document.

Electronic interaction procedure will simplify the document flow between the Financial Ombudsman Service and the FBS, which will allow to more effectively protect the rights of consumers of financial services. In addition, the changes are aimed at eliminating cases of presenting fake Financial Ombudsman’s certificates.

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