Banks have to hand over the commission

The controversial condition is contained in the contracts of almost all of the emitting cards of Russian banks. Subject to the requirements of international payment systems, credit institutions have zachas-thuja change not only tariffs but also the conditions of work with clients. However, Russian law, supervisors and judges treat it as a violation of consumer rights. Selective bans. New restrictions - is a logical continuation of those which have appeared in recent years. Although no changes in legislation have been made. Back in 1999, the Constitutional Court of Russia de facto abolished the freedom of contract between banks and private clients. In considering the possibility of reducing interest rates on deposits made to, the ministers of Themis indicated that citizens are "economically weaker party in such legal relations," and therefore "need special protection of their rights." Because lenders do not allow investors to amend the standard contract, and customers are forced to sign under the imposed conditions. Therefore, they should be restricted. In 2004, it became clear that even a ban on cutting interest rates does not guarantee investors the possibility to get their money in full: to warn the spontaneous outflow of deposits, Alpha Bank has introduced a special ad hoc committee, which held down with wanting to terminate the contract customers (and later returned to the amounts depositors). But this incident was a signal to legislators that have taken steps to prevent such actions in the future: Amendment forbade banks to unilaterally increase or establish commission on term deposits and demand deposits. The financial crisis has made relevant to another problem - some credit institutions have to raise rates on loans for long term loans. MPs outraged at this contradictory position of Russian banks: in contrast to the widely used the world's floating rate tied to an objective financial performance (or the LIBOR rate - in the Russian context - MosPrime), they applied formally fixed percentage, which, however, could change by management of financial institutions. Regular amendments to the Law "On Banks and Banking", which came into force on 20 March last year, banned banks to increase rates or commission on deals with private lenders credit agreements. Debut of Maestro. Another victory against the commissions was won March 2, 2010: The Supreme Arbitration Court of Russia has established that the previously existing legislation does not allow banks to raise interest rates on loans. As well as in general to change the terms of contracts with citizens unilaterally. Resolution of the highest court of the de facto (and often de jure) is mandatory for all tribunals of the country. This decision, taken at the request of Rospotrebnadzor, Gennady Onishchenko has allowed the service to start a new "attack" on the lending institutions. Thus, control of Karelia, having received a complaint from a customer of the Savings Bank, caught the largest financial institution in the country's tort holders of plastic cards: a standard contract officials discovered the condition on the right bank to unilaterally make changes in tariffs. And for users of the issued "Sberbank" Maestro cards this condition was not formal: the summer of 2009 one of the Karelian branch has introduced a fee for admission to their revenue accounts of legal entities - both from other credit institutions and from customers of the Savings Bank not to conclude a special agreement. As a result, many card holders have lost part of his salary, after learning about the changes a few months later (not all daily test site "Sberbank"), or not wishing to move to another bank, etc. Among the victims was a citizen Klimash, complained to the Federal Service: Federal Savings Bank has issued an order to eliminate the violations. The lawyers appealed the requirement of a credit institution supervisory agency officials in arbitration. In their view, the actions of the bank is not violating the law "On Protection of Consumer Rights", as in the contract customer was familiar with all the terms, including on the Right Bank to unilaterally make changes in tariffs. Information about the controversial changes to the commission for enrollment fees collected for Maestro bank card accounts, was promptly posted on the bulletin boards of branches in the account statement and on the website. But the servants of Themis rejected claims of the bank, saying in effect since 1994 Civil Code and the decision of the Russian Constitutional Court: "A bank account is a model with pre-defined conditions, and hence Klimash V. as a party to the contract was denied the opportunity to influence its content, which was the basis for his appeal for protection of violated rights, "- stated the Court of Arbitration. A final decision on the "Karelian case" in force, but in the Savings Bank does not consider it necessary to change the controversial condition or comment on the findings of the court: "The agreement provides for tariff changes with prior notice to the customer not later than 30 calendar days in the report card account through information stands and units (or) web-site. Bank holds rates change, focusing on the needs of the market ", - stated in the press service of" Sberbank ". One like everyone and everything as one. A similar policy is pursued almost all lending institutions, emitting cards: "The Bank is making changes and additions to the terms of service cards, including tariffs unilaterally, - says Vladimir Veshnyakov, director of retail banking business" Petrocommerce. " - Information about the changes published in the stands at the branches and offices, as well as on the official site and is followed by sending SMS-messages. However, tariffs for servicing of bank cards in 2010-2011 have not changed. " A similar position and VTB24, which establishes a quarterly basis, and introduces new tariffs. "According to the rules of the bank ... card holder must either directly or through authorized persons to contact the bank to obtain information: about the changes and additions made to the rule - every month, on the established fees - quarterly - says Vadim Markarian bank representative. - VTB24 does not use SMS-mailing list to notify customers about changes in tariffs due to the complexity of perception ... Short messages about changing the numbers in such and such a point would provide little information. " None of those interviewed credit institutions did not consider the norm of unilateral changes in tariffs illegal, but did not want to make a legal argument for their actions. The bank "Petrocommerce" reported that "not yet found a single case of any specific violation or frustration of our customers in parts of the content of standard contracts and the principles of the tariff policy of the bank." Between a rock and a hard place. The employee profile of one of the federal bank admitted to "F." that the ban on changes in tariffs and conditions of the credit cards can have a range of products for credit institutions fatal consequences: "First and foremost, we must comply with the requirements of international payment systems, which are confidential and not revealed not only customers but also supervisors. We have even refused to provide them upon request of the court. Relationships with customers is built on the basis of a contract concluded in the framework of Russian law. It turns out that the rules refer to the same VISA, we can not, and what to do if it will change the conditions? Indeed, in one way or another additions and clarifications are made almost monthly. " If by "arbitrariness" of the international payment systems, banks are not insured, then adjust the provision of objective information to clients, they can, but doing it is not always. The same VTB24 "forgot" to specify a directory on the tariff commission of 2%, which is charged with committing any currency conversion transactions including cards with VISA. Explaining its position, the bank referred to the contract clause allowing charging additional fees, but the Federal Service and, more importantly, the judge found these arguments unpersuasive. Disenfranchised investor. In addition to contracts for the service of plastic cards, supervisory authority was illegal to accept the conditions of Rate Changes incorporated in the contract for opening and maintaining current accounts. The conclusions of this contains, including, and in the decisions taken by "the Karelian case 'Savings Bank. Administrative fines imposed for these violations, in particular, to Kaliningrad and St. Petersburg Vitabank Investment Bank. The situation is complicated by the fact that most lending institutions are now imposed on opening of current accounts to all customers who want to put a time deposit. That is, no one can guarantee that, arriving at the bank for their savings, no citizen will be obliged to pay a commission at least 99% of the amount received. For such violation has been fined, in particular, MDM-Bank. The Arbitration Court ruled findings Ros-potrebnadzora lawful and justified.