In Sweden, the founder of the Ombudsman institution, the term is interpreted as “representative”, “attorney”, “manager”. Broadly understood is a civil or official who is empowered by the state to monitor the observance of justice when citizens interact with the executive branch and various departments in a particular sphere of life. Many states have a so-called “financial market conciliator”. It is a body that examines disputes and disagreements arising from individuals with organizations providing financial services: banks, lenders, insurers.
In our country until recently, such issues were handled by the structure in the association of Russian banks headed by the deputy of the State Duma Pavel Medvedev. A citizen who was unable to solve problems related to credit or insurance on his own, was free to choose whether to immediately sue in court or to file a complaint first about the violation of his rights to the conciliator. Due to the fact that the nature of the decisions made by the financial commissioners was recommended, it was possible to resolve the differences in this way solely on a voluntary basis.
The situation has changed dramatically with the adoption of the Federal Law of 04.06.2018 №123-FZ. Legislation established a mandatory procedure for pre-trial settlement of disputes in the sphere of financial services. The decision of the financial commissioner became an official document that equates to the executive sheet:
- If the financial organization refuses to comply with the Ombudsman’s decision, the will issue and transfer the certificate to the consumer. The document will be the basis for enforcement of the decision by force, with the help of a bailiff. In addition, the legal entity will be fined 50% of the amount on request and up to 50000 rubles for refusing a voluntary settlement.
- For those financiers and insurers who, having agreed to the Commissioner’s decision, voluntarily, on time and in full, satisfy the property requirements of their clients, $ envisioned enabling measures.$ In particular, they are exempt from paying fines for violating consumer rights.
Financial ombudsmen do not replace the judicial system. And the decision made not in favor of the consumer of financial services, does not prevent his further appeal to court.
After the entry into force of 123-FZ, the duties of the chief financial ombudsman of the country were assigned to Yuri Voronin, who previously served as an adviser to the chairman of the Central Bank of Russia At the federal level, three more specialized human rights defenders have been appointed — insurance, banking and universal. The legislator gave financial commissioners independence from federal and regional governments, allowing them to be objective and impartial.
Thus, the financial sector is under additional supervision and citizens have the opportunity to settle many issues in a pre-trial manner.