The solutions of these problems in the research performed with a single methodological position, the basis of the research were scientific methods of research: logical, comparative, normative, comprehensive, systematic, specific theoretical approach: an ascent from the abstract to the concrete[2].
The study author used the techniques of systems analysis of psychological, social, economic, but above all, legal phenomena, synthesis, problem approach to the study of issues of debt obligations, collateral, valuation of collateral.
The study examined regulations, the data of the Central Bank of Russia, credit institutions, research and development of textbooks, monographs and periodicals.
The scientific novelty of the results is proof of the following findings:
– Relationship to obtain available funds of the credit institution by the borrower to allow non-cash issue and the urgent needs of the borrower. Institute of Credit, which allows people due to the possibility of a subject to obtain satisfaction of their material needs, have a negative impact on socio-economic status of citizens thoughtlessly or deliberately overestimated their financial capabilities;
– A legal mechanism to enforce the obligations of the collateral value is widely used in lending, but security functions and is offset by the distribution. Credit institutions in view of the magnitude of its organizational and functional structure is not able to adequately monitor the collection process, which leads to reduced income from the proceeds after sale of collateral and their dispersal among the affiliated bank officials and their staff;
– Legal regulation of the sphere of money circulation makes its professional participants to ensure compliance with the requirements of the Bank of Russia. Credit institutions, carrying out performance targets, make loans with little support, and in the process of foreclosure is often collusion of participants in various combinations, leading to the realization of the collateral at a reduced cost, resulting in the denial of rights, such as the borrower and the bank.
The essential results of the study may also include the following:
– Define the concept of bail in civil law from the perspective of social value;
– Investigated the psychological aspects of the legal characteristics of the collateral relations;