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Legal Regulation of Consumer Lending in the Russian Federation and Other EAEU Member States

Student: Loginova Iana

Supervisor: Olga A. Berzin

Faculty: Faculty of Law

Educational Programme: Legal Support and Business Protection (Master)

Year of Graduation: 2024

The author has attempted to describe the legal regulation of consumer lending in the Russian Federation in the era of digitalization, as well as issues of lending to individuals in the countries of the Eurasian Union at the national and supranational levels. Special attention was paid to the problems of remote conclusion of a consumer loan agreement in Russia and the EAEU states, as well as the use of artificial intelligence technologies in lending to citizens. The author concludes that consumer lending in the EAEU, despite the course towards economic integration and the commonality of the market for this financial service, is practically not regulated, however, differences in national banking law in significant issues are obvious. The author believes that at the level of the EAEU, it is necessary to create an Agreement on consumer lending, containing a list of concepts, support measures and guarantees for borrowers and lenders common to the member states. In addition, according to the author, in order to reduce the number of cases of fraud and civil disputes between credit institutions and borrowers, it is proposed to add to Article 7 of Federal Law No. 353-FZ the need to authenticate the borrower by photographing a face, video or audio call, biometrics, Face ID / Touch ID technologies, authorization by "Gosuslugi". Although artificial intelligence in the territory of the Union is used by credit organizations everywhere and in a similar way, this is the most poorly regulated aspect of the topic under study, however, this is explained by the fact that AI as a tool appeared not so long ago. The AI sphere is promising for interstate cooperation, therefore, the creation of an Agreement valid throughout the Union could be a step in regulating AI in general, as well as AI in consumer lending in particular. In addition to the above, guarantees for the safe use of AI by credit institutions for customers can be fixed in it, which can be based on the risk assessment system enshrined in the EU AI Law.

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