Features of objective signs of unlawful carrying out activities for collecting overdue debts of individuals

The relevance of the given article is due to the increasing amount of overdue debts of individuals and the need for clear legal regulation of activities for their collection, as well as the classification of illegal actions in this area. Despite the adoption of Federal Law No. 230-FZ, the practice of identifying and proving the unlawful carrying out such activities, including that in the criminal law aspect, faces a number of difficulties associated with the distinction between lawful actions and criminal ones based on objective features. The concept of objective features of illegal activities for collecting overdue debt are considered in the article; specific features of such activities manifested in the method, time, place of the act, as well as in the nature of the means and methods used are highlighted as well. Special attention is paid to the analysis of such features as the lack of necessary registration and licensing, excess of powers established by law, the use of violence, threats, destruction of or damage to property, dissemination of knowingly false information, as well as systematic violation of the established rules of interaction with the debtor. The criteria for distinguishing between legal and illegal activities, which are important for law enforcement practice as well as some changes to the current criminal legislation are proposed by the author.