Silent means consent? “Silence should not be the deciding factor in such serious decisions.

One of the subtle and relatively mild changes (if we compare, for example, with the idea of e-justice embodied in the law) concerns the clarification of the range of circumstances that do not require proof. Article 70 of the Arbitration Procedure Code of the Russian Federation was supplemented with Part 3.1 as follows: “... the circumstances referred to by a party in support of its claims or objections are considered recognized by the other party unless they are directly disputed by it or disagreement with such circumstances does not follow from other evidence substantiating the submitted objections regarding the substance of the stated requirements.”

Until now, the requirements for a party to admit facts relied upon by the other party have been fairly formalized. The confession was entered into the minutes of the court hearing and certified by the signatures of the parties; the confession, stated in writing, was added to the case materials (paragraph 2, part 3, article 70 of the Arbitration Procedure Code of the Russian Federation). In other words, in all cases a completely unambiguous expression of the will of the party to recognize certain circumstances of the case was required.

Moreover, the Presidium of the Supreme Arbitration Court of the Russian Federation in Information letter dated December 22, 2005 No. 99 “On certain issues in the practice of applying the Arbitration Procedural Code Russian Federation“When asked whether a party, after signing an agreement to recognize the circumstances and accepting them by the arbitration court, has the right to refuse to recognize these circumstances, he explained the following. The parties or one of the parties are not deprived of the opportunity, at the court hearing in which the evidence in the case is examined, to inform the court (before the presiding judge in the arbitration court of first instance declares the consideration of the case on the merits completed) that the agreement to admit the circumstances is erroneous.

Thus, if earlier recognition was based on the active expression of the will of the party, now recognition is possible as a result of the arbitration court’s finding of the party’s tacit acceptance of the circumstances of the case.

Recognition-silence and recognition-inaction

According to Law No. 228-FZ, new methods of recognition include non-contestation of the circumstances cited by the other party (“confession-silence”) and failure to present evidence from which the party disagrees with the asserted circumstances (“confession-inaction”).

The innovation makes the regime of facts established by the arbitration court and included in the subject of proof in the case very unambiguous: either this fact is directly disputed by the party, or it is recognized by the party. There are no intermediate states.

On the one hand, the discussed changes maintain continuity with respect to previous large-scale amendments to the Arbitration Procedure Code of the Russian Federation by Federal Law No. 205-FZ of July 19, 2009 (for a more detailed comment, see: Yudin A.V. Expansion of the grounds for the application of measures of procedural responsibility and other measures of procedural coercion in arbitration legal proceedings. Commentary on the Federal Law of July 19, 2009 No. 205-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” // Bulletin of the Supreme Arbitration Court of the Russian Federation, 2009. No. 10. pp. 86–99). We are talking, in particular, about changes obliging the defendant to submit a response indicating objections to the requirements presented to him for each argument contained in the statement of claim (Part 1 of Article 131 of the Arbitration Procedure Code of the Russian Federation).

On the other hand, one cannot but attract attention to the pro-plaintiff and radical nature of the demonstrated approach, which, although it fits into the concept of the entire Law, implemented in the spirit of strengthening the adversarial principles of the process, can lead to the derogation of the rights of the party. It is worth taking into account other circumstances, which we will outline below.

Firstly, pro-plaintiff orientation of the norm of Part 3 of Art. 70.1 of the Arbitration Procedure Code of the Russian Federation is expressed in the fact that the application of the rules on confession in the form of silence and (or) failure to provide evidence is possible only in relation to the defendant, but not to the plaintiff, whose silence or failure to provide evidence cannot be interpreted as a confession, since in the novelty under discussion we are talking about the failure to provide evidence “substantiating the presented objections regarding the substance of the stated requirements” (emphasis added - A. Yu.). Of course, only the defendant or the plaintiff in a counterclaim filed against him can submit objections to the stated claims.

In this situation, the mention of “side” and “parties” in the hypothesis and disposition of the norm is dissonant with its ending, where we are talking about “stated demands”. We believe that there is no reason to limit the application of this rule to the defendant.

Secondly, The radical nature of the norm is expressed in the fact that the introduced rules update and repeatedly increase the semantic load of the provisions on the risk of consequences in the commission or failure to perform certain procedural actions (Part 2 of Article 9 of the Arbitration Procedure Code of the Russian Federation). Indeed, failure to challenge the circumstances of the case, placed by the legislator under the regime of recognition of such circumstances, is a manifestation of the adverse consequences of failure to perform procedural actions in the form of filing objections and presenting evidence.

However, the Law obliges the arbitration court to explain to the party each time the consequences of performing or not performing procedural actions (Part 3 of Article 9 of the Arbitration Procedure Code of the Russian Federation). We believe that the case we are considering not only does not act as an exception to the rule, but requires a special indication of the obligation of the arbitration court to explain to the party that its silence regarding the circumstances of the case asserted by the opponent will be regarded as their recognition. If we proceed from the fact that in the arbitration court there is no need to explain to the party the consequences of its silence, that is, the silence of the party should be followed by the silence of the arbitration court with subsequent unexpected conclusions for the party, then the arbitration court will not be perceived as an ally of the parties, obliged to create conditions for their implementation their procedural rights, but as a certain subject who wants to “catch” the party, take advantage of its mistake, etc.

The objective need to focus the party’s attention on such an obligation is negative consequence, which boils down to the fact that the arbitration court may involuntarily provoke an unnecessary dispute about the circumstances of the case, in relation to which the party, perhaps, would prefer to remain silent. This procedural behavior is quite understandable from a psychological point of view: if my silence is interpreted as a confession, I will argue, even without serious arguments against the fact asserted by my opponent, so that my inaction does not harm me.

Third, equating silence with confession can give rise in higher courts to disputes not dictated by objective necessity about whether the evidence presented by a party implies disagreement with the facts asserted by the other party, etc. As a result, the dispute will come down not to establishing the circumstances of the case, but to the interpretation of those presented by the party evidence and comment on her objections regarding whether they imply an objection to the facts or whether there was silence.

The connection between the novel and the agro-industrial complex of the Russian Federation

Fourthly, the rules on “recognition-silence” and “recognition-inaction” are poorly linked to the provisions already existing in the Arbitration Procedure Code of the Russian Federation relating to various structural parts of the Code:

1. Based on Part 4 of Art. 268 of the Arbitration Procedure Code of the Russian Federation “circumstances of the case that are recognized, certified by the persons participating in the case in the manner established by Article 70 of this Code, and accepted by the arbitration court of first instance, are not verified by the arbitration court of appeal.” It turns out that if the arbitration court of the first instance in its decision stated that a party accepted the circumstances of the case through silence and the party does not agree with this approach, then the presentation of the corresponding argument in the court of second instance encounters a direct legislative restriction for the appellate court to verify these facts.

2. The weak linkage of the new regulations is also manifested in the procedural fixation and statement of the party’s recognition of the circumstances of the case. Such a statement is only possible in court decision, and the party learns about its inaction only after familiarizing itself with the motivation of the judicial act. General rules for recognition by submitting an application and certificate this fact in the protocol of the court hearing in this case cannot be applied.

3. Certain difficulties arise from the relationship of the novella under discussion with the norm of Part 1 of Art. 156 of the Arbitration Procedure Code of the Russian Federation, according to which “failure to submit a response to the statement of claim or additional evidence that the arbitration court proposed to present to the persons participating in the case is not an obstacle to the consideration of the case based on the evidence available in the case.”

Consideration of a case based on available evidence is not the same as a party’s admission of facts that were not disputed by it in the response, and facts the refutation of which does not follow from the evidence presented by the party. The main difference is that consideration of the case on the basis of the available evidence does not at all predetermine the outcome of the process, since the “available evidence” may be sufficient to make a decision in favor of the party that has no longer presented any evidence. Recognition of facts asserted by the opposing side no longer has a neutral character and can bring the party that recognized them to the brink of defeat.

Results

Thus, the norm of Art. 156 of the Arbitration Procedure Code of the Russian Federation must be linked to the norm of Part 3.1 of Art. 70 of the Arbitration Procedure Code of the Russian Federation and is supplemented by an indication that failure to provide a response and additional evidence does not prevent the consideration of the case based on the available evidence and does not prevent the arbitration court from considering the facts asserted by the other party as recognized.

The adversarial nature of the arbitration process has significant potential that has not yet been fully realized by the legislator, as evidenced by the emergence of a new and, in some sense, bold rule on the recognition of facts in the form of silence or their direct non-contestation. However, in order to improve its wording, it is necessary to extend the rule to both parties to the arbitration process, including the plaintiff. In addition, it is necessary to link the norm with the provisions of the already existing arbitration procedural legislation. Let us note that the arbitration court must each time warn the parties about the possibility of applying the provisions provided for in this novel, including by indicating this in the rulings made during the preparation of the case and trial.

SILENCE IS NOT A SIGN OF CONSENT AT ALL

A. BYCHKOV

In civil law, silence can be regarded as consent to complete a transaction or an expression of intention to complete it, as well as acceptance only in cases expressly provided for by law or agreement of the parties. Let's consider when the silence of participants in civil transactions is legally significant, and when it is legally indifferent.

Silence with legal consequences

In the current civil legislation of the Russian Federation one can find a number of provisions on silence. Silence is not considered consent to complete a transaction, except in cases established by law (clause 4 of article 157.1 of the Civil Code of the Russian Federation). Silence can be recognized as an expression of the will to complete a transaction only in cases provided for by law or agreement of the parties (clause 3 of Article 158 of the Civil Code of the Russian Federation). Such regulation is due to the fact that the widespread attribution of legal significance to silence is undesirable, since this could lead to uncertainty in property turnover and the emergence of controversial and conflict situations.
The Civil Code of the Russian Federation establishes a number of cases when silence is regarded as consent to a transaction or an expression of will to complete it:
- extension of the energy supply contract for the same period and on the same conditions, if neither party refuses it before the end of its validity period (clause 2 of Article 540 of the Civil Code of the Russian Federation), the trust management agreement (clause 2 of Article 1016 of the Civil Code RF) and other contracts with the condition of automatic extension;
- renewal of the lease agreement for an indefinite period, if the tenant, at the end of its term, continues to use the property in the absence of objections from the lessor (clause 2 of Article 621 of the Civil Code of the Russian Federation);
- extension of a bank deposit agreement on demand terms, if the depositor did not wish to withdraw or re-register it (clause 4 of Article 837 of the Civil Code of the Russian Federation);
- acceptance by the buyer without objection of goods that do not correspond to the agreed assortment under the purchase and sale agreement (clause 4 of article 486 of the Civil Code of the Russian Federation);
- failure by the principal to raise objections about the inflated purchase price to the commission agent (clause 3 of Article 995 of the Civil Code of the Russian Federation), etc.
In addition to cases established by law, silence can be considered consent to complete a transaction or an expression of will to complete it, provided that such a possibility is expressly provided for in the agreement of the parties.
For example, a framework loan agreement signed between the parties may contain a condition that the borrower’s applications are submitted by him according to e-mail or in personal account, registered on the lender’s website, and he subsequently transfers to him cash. In the purpose of payment, the lender lays down all the essential terms of the loan agreement (amount, term, interest rate, penalty for violating the repayment deadline, etc.), and also makes a reference to the loan agreement.
In this situation, if the borrower does not return the amount of money credited to his bank account back to the lender and begins to spend it, it is considered that he has accepted the terms of the loan obligation and has bound himself by them. In this case, his tacit consent to receive funds indicates agreement with the conclusion of a loan agreement under certain conditions. In addition to silence, the intention to complete the transaction in the above example is also confirmed by the implicit actions of the borrower: accepting the money without objection, spending it on his own needs.
Silence as a form of expression of intention to complete a transaction is widespread in the area of provision of services by telecom operators to their subscribers. They publish the terms of cooperation on their websites with subscribers joining them by signing application forms, which indicate agreement with possible changes, additions and clarifications of the rules published on the operator’s website. Meanwhile in judicial practice The freedom of discretion of telecom operators is significantly limited in a situation where their counterparty is a consumer ordering communication services for his personal needs.
Thus, the connection by the telecom operator of consumers to an additional service and further charging for it until the consumer refuses it is not agreed with the consumers and contradicts the requirements of clause 3 of Art. 16 of the Law of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, since the silence of the subscriber as a way of expressing will, on the contrary, means general rule refusal of a person to complete a transaction. Moreover, only in cases expressly provided for by law or by agreement of the parties, silence is recognized as an expression of the will of a person to complete a transaction (Resolution of the Federal Antimonopoly Service UO dated October 24, 2011 N F09-6624/11).
Consequently, the subscriber’s consent to connect him to additional paid services must be direct and unambiguous, for example, communicated to the telecom operator by sending an SMS message. It is unacceptable to include in the terms of the contract with the consumer subscriber a provision that a paid service is provided to him until he refuses it, since in this case it is considered imposed.
Tacit consent to complete a transaction will be the condition enshrined in any fixed-term contract for automatic prolongation for a new term on the same or changed terms, payment for goods, works and services at changed tariffs different from the originally agreed prices, acceptance without comment of more goods than this was agreed upon in the supply contract, the customer’s failure to raise objections regarding the fact, volume, quality and timing of the work reflected in the act sent to him by mail by the customer, etc.

It's better to remain silent

If neither the law nor the agreement of the parties stipulates that silence is regarded as consent to complete a transaction or an expression of intention to complete it, it does not entail any legal consequences.
In particular, the failure by the creditor to submit claims to the debtor for a long time regarding unfulfilled obligations does not in itself indicate a waiver of the relevant claims (Resolution of the AS DO of February 12, 2015 N F03-252/2015), as well as the failure to take measures to challenge transactions made with exceeding the powers enshrined in the charter, power of attorney or other document (Appeal ruling of the Omsk Regional Court dated October 23, 2013 in case No. 33-7044/13). At the same time, the refusal of citizens and legal entities the exercise of their rights does not entail the termination of these rights, except for cases provided for by law (clause 2 of article 9 of the Civil Code of the Russian Federation).
The failure of the creditor to file claims against the debtor for unfulfilled or violated obligations, as well as the failure to take measures to challenge completed transactions in a specific period of time, does not in itself indicate that in the first case the debtor was forgiven, and in the second, the transaction was approved. In the above cases, the silence of authorized persons cannot be considered as consent to the completion of a transaction or an expression of intention to complete it.
Submitting a draft agreement for consideration in the absence of information about whether it was accepted by the counterparty or not cannot be considered as tacit agreement with its terms and expression of the will to conclude it, since the silence of the counterparty may in this case indicate his reluctance to enter into an agreement (Definition Leningrad Regional Court dated March 12, 2014 No. 33-1106/2014, Cassation ruling of the Penza Regional Court dated February 6, 2007 in case No. 33-216).
The same applies to silence regarding the proposal to change or terminate the concluded contract (Determination of the Supreme Court of the Russian Federation dated March 12, 2013 N 18-KG12-90, FAS PO Resolution dated May 5, 2009 in case N A57-6018/2008), to failure to send a response for a claim indicating the size and circumstances of the occurrence of the receivables (decision of the Samara Regional Court dated January 21, 2010 in case No. A55-31189/2009).
Long silence (for example, 3 months or more) of the party who received the draft agreement and its subsequent sending of a protocol of disagreements cannot be considered as consent to complete a transaction, since in this case, in addition to the fact that silence does not indicate consent to complete the transaction, the period normally required for acceptance expires. offer deadline (Resolution of the Federal Antimonopoly Service of the Moscow Region dated October 11, 2012 in case No. A40-12131/12-120-113).
It also cannot be considered as the consent of the landlord to complete the transaction if he leaves unanswered the tenant’s request to conclude a sublease agreement, to renovate the premises or to expand the types of permitted commercial use of the premises, since in any such cases leaving the request without consideration is legally significant behavior, which consists of ignoring received appeal, in the absence of not only agreement with the proposed transaction, but also the desire to consider it and discuss the conditions presented in it.
The creditor's silence regarding the agreement concluded between his debtor and a third party on the transfer of debt upon the actual execution of this transaction and the transfer by the third party in favor of the creditor of the funds due to him from the debtor does not confirm his consent to the transfer of debt, if he has not expressed his in any other active way approval for the said transaction.
By virtue of Art. 391 of the Civil Code of the Russian Federation, the transfer by a debtor of his debt to another person is allowed only with the consent of the creditor, and it must be direct and unconditional. Therefore, if the creditor did not sign the debt transfer agreement concluded between the debtor and a third party, did not enter into independent agreements with them, did not express his consent to such a transaction in correspondence or by performing implied actions, by law or agreement of the parties, the creditor’s silence is considered consent to the completion of the transaction in question is not provided for, the transfer of debt is not considered completed (decision of the Autonomous District of the Yamalo-Nenets Autonomous Okrug dated March 23, 2013 in case No. A81-5190/2012).

Worth its weight in gold

Silence is not acceptance unless otherwise follows from the law, agreement of the parties, custom or from previous business relations of the parties (Article 438 of the Civil Code of the Russian Federation).
If one of the participants in civil transactions sends a proposal to conclude an agreement (offer) to the other, then consent to its conclusion will only be acceptance or performance of implied actions, but not the silence of the counterparty, who will leave the offer addressed to him without consideration. In such a situation, an agreement between them is not considered concluded, unless the offeror has the right to force the counterparty to enter into an agreement that is mandatory for that purpose (for example, a public agreement).
For example, the borrower’s connection to the insurance program must be voluntary, therefore the bank does not have the right to force borrowers to enter into a voluntary insurance agreement, as well as condition the receipt of a loan on the order of such an additional service.
In this regard, it will not be considered the borrower’s consent to connect him to the voluntary insurance program if, when filling out an application for a loan, he did not tick the box of the application form for refusal of this service, since, firstly, the application for a loan is not acceptance, but by sending an offer to the bank (offer to conclude a loan agreement on certain conditions), and secondly, the absence of a tick in the application column does not in itself indicate the client’s consent to connect him to the insurance protection program (Appeal ruling of the Kurgan Regional Court dated September 30, 2014 in case No. 33-2915/2014).
The bank should also notify the borrower about the opening of the account and the crediting of credit funds to it, since the client’s silence may be due to simply ignorance that the bank has expressed its willingness to provide him with services.
When concluding a loan agreement by the bank receiving from a client a signed application for a loan under certain conditions, the bank must inform him about the crediting of loan funds to the account opened for the client by SMS message, email, fax or other accessible method indicated in the application on issuing a loan indicating the corresponding numbers and addresses, since otherwise, without informing the client, the loan agreement between him and the bank is not considered concluded, because the client, as the person who sent the offer, did not receive its acceptance from the bank (Appeal ruling of the Voronezh Regional Court dated 15.05. 2014 N 33-2413/2014).
In addition, in such a situation, the bank is deprived of the opportunity to use credit funds credited to the client’s account, will not be able to provide them to other clients, and will also charge interest from the client for using the loan if he did not activate the card and did not withdraw funds from the account.
It cannot be considered a citizen’s consent (acceptance) to the use of his image by another person if he has not expressed his consent directly and unambiguously. His silent behavior and failure to take measures to protect his rights cannot be considered as acceptance in the absence of evidence of bringing to his attention information about the nature, purpose, time and extent of use of his image (Appeal ruling of the Nizhny Novgorod Regional Court dated June 18, 2013 in case No. 33-5274 ).
Silence will not have any legal consequences in the case where the law or other regulatory legal act requires a clear and unambiguous expression of the will of the participant in civil transactions to complete a particular transaction.
So, in accordance with Part 1 of Art. 2 of the Law of the Russian Federation dated July 4, 1991 N 1541-1 “On the privatization of housing stock in the Russian Federation,” the will to participate in privatization or refusal from it must be clearly expressed by the person entitled to participate in privatization. The silence of one of the persons living in the apartment in response to the proposal of others to participate in privatization or to refuse to participate in it does not indicate that he has expressed the corresponding will, despite the fact that compulsion to express the will to privatize or refuse it is unacceptable (Determination of the Moscow City Court dated 03.07 .2014 N 4g/8-6509).

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The expression goes back to Sophocles, in whose tragedy “The Trachinian Women” it is said:

Don't you realize that by remaining silent you agree with the accuser?

Citation examples

-...let me donate at least a little for a common cause... Accepted?
Nejdanov did not answer.
-... Silence is a sign of consent. Thank you!

Olga,” he said, kneeling in front of her, “be my wife!”
She was silent, turning away from him...
“Silence?” he said anxiously and questioningly, kissing her hand.
- Sign of consent! - she finished quietly, still not looking at him.

Links

Expression in the “Encyclopedic Dictionary of Catchwords and Expressions”

Wikimedia Foundation. 2010.

See what “Silence is a sign of consent” is in other dictionaries:

You will not be right as a silent boy. Wed. I take your silence as a sign of consent... So, are you planning to be my bride? Turgenev. Unhappy. 17. Wed. Let me donate at least a little to the common cause. Accepted? Silence is a sign of consent! Thank you!… … Michelson's Large Explanatory and Phraseological Dictionary

From Latin: Silentium videtur confessio (silentium videtur confessio |. From the message of Pope Boniface VIII (1294 1303), which was included in canon law (a set of decrees supreme authority in Roman catholic church). Possible... ...

Silent means consent. See REQUEST CONSENT REFUSAL... IN AND. Dahl. Proverbs of the Russian people

Expression of Pope Boniface VIII (1294-1303) in one of his messages, included in canon law (a set of decrees of church authority). This expression goes back to Sophocles (496-406 BC), in whose tragedy the Trakhinyanki said: Is... Dictionary of popular words and expressions

Silence is a sign of consent. You won't be right in silence. Wed. I take your silence as a sign of consent... So, are you planning to be my bride? Turgenev. Unhappy. 17. Wed. Let me donate at least a little for the common cause. Accepted? Silence... ... Michelson's Large Explanatory and Phraseological Dictionary (original spelling)

Silent means consent- wing. sl. Expression of Pope Boniface VIII (1294-1303) in one of his messages, included in canon law (a set of decrees of church authority). This expression goes back to Sophocles (496-406 BC), in whose tragedy “The Trachinian Women”... ... Universal additional practical explanatory dictionary by I. Mostitsky

- “Silence is a sign of consent” (lat. Silentium videtur confessio) is an expression of Pope Boniface VIII in one of the messages included in canon law. The expression goes back to Sophocles, in whose tragedy “The Trachinian Women” it is said: Is it... ... Wikipedia

SILENCE, silence, plural. no, cf. Action under Ch. be silent; the state of a silent person. The silence of the interlocutor began to worry me. “In silence, with his hand resting on the saddle, he dismounts from his horse, gloomy.” Pushkin. He passed over this question in silence.... ... Dictionary Ushakova

SIGN, sign, husband. 1. A sign, sign by which something is recognized or recognized. The child was recognized by a sign on his left shoulder. “And in the bathhouse, you can hear (Pugachev) showed his royal signs on his chest.” Pushkin. || Brand, mark. Customs sign... ... Ushakov's Explanatory Dictionary

A, m. 1. An object, image, mark, etc., used to designate something, indicate something. Identification marks. □ Finally, the elders appeared: the Koshevoy with a club in his hand as a sign of his dignity, the judge with the military seal. Gogol,... ... Small academic dictionary

The Ministry of Finance and the Central Bank will automatically connect Russians to new system individual pension capital

website, Alexey Belkin

As reported by the media, a mechanism has been determined for connecting citizens to the new savings account. pension system individual pension capital (IPC). In fact, the principle “silence is a sign of consent” is used.

This idea corresponds to Article 158 of the Civil Code, which states that “silence is recognized as an expression of the will to complete a transaction in cases provided for by law or agreement of the parties.”

At the same time, automatic connection to the IPC under Article 158 does not exclude its further cancellation at the request of the person by submitting an appropriate application to cancel the automatic subscription

Still, some analysts have criticized this approach. What surprises will the pension reform bring?

We decided to find out whether potential problems could arise as a result of using this mechanism and asked a number of experts for comment.

Manager's opinion legal service Central Committee of the Communist Party of the Russian Federation Vadim Solovyov:

- What do you think about the proposed mechanism for connecting individual pension capital to the new funded pension system?

One should proceed from the interests of a person, and if he has not specifically expressed his will, then, in my opinion, silence should not be the decisive factor determining such serious decisions. Willy-nilly, a person may find himself in a situation where, because of this wording, his constitutional rights may be violated.

I would move away from this formula, given the seriousness of the legal consequences that follow this step. Only written consent is required here.

- What do you personally see as a potential threat to the interests of citizens?

A person may not even suspect that by his silence he has given his consent to use his pension capital. The question is: how conscientiously will they be used by various banks and funds?

- Is the Communist Party of the Russian Federation somehow going to react to the fact that this particular mechanism has been chosen, will there be any statements?

We have always opposed resolving pension issues through silence. We will once again carefully consider this situation, and I do not rule out that we will make certain statements on this extremely serious issue.

Opinion of a State Duma deputy Nikolay Arefiev:

- What is the novelty of the proposed method?

As a matter of fact, it was like that before. Those who remained silent received their funded pension through an authorized bank. And whoever did not remain silent could enter into an agreement with any other bank or company.

And now, if you haven’t chosen a bank yourself, the state will assign you to a bank authorized by the state. If you don't want to, you can refuse and move to another bank.

- So you think that there are no problems here?

I see the problem elsewhere. In my opinion, perhaps the situation will come to the point where there will be no pension other than funded pensions. It’s like putting money in a savings book all your life, and at the age of 65 you uncorked the box and took out a fixed amount.

But now the funded pension has been frozen for several years, and it is not given to pensioners.

Opinion of the Chairman of the International Confederation of Consumer Societies Dmitry Yanin:

- Is the principle of “silence is a sign of consent” good in the matter of pension provision?

This mechanism for connecting citizens to what is essentially a system of additional fees is quite drastic. In conditions when over the past five years the state has frozen and withdrawn more than a trillion rubles from savings accounts, it is simply wrong to initiate such programs.

- In your opinion, how will society perceive the latest innovations in the pension sector?

I'm afraid that this will be perceived by people as an additional tax with the risk of taking away in the future what is now automatically deducted from your income. There is currently no trust in government initiatives regarding pensions. The first step is to rebuild trust.

First you need to return payments to savings accounts for the last five years and only then enter some new model deductions.

Silent means consent

Silent means consent
From Latin: Silentium videtur confessio (silentium videtur confessio|.
From the message of Pope Boniface VIII (1294-1303), which was included in canon law (a set of decrees of the highest authority in the Roman Catholic Church).
A possible primary source of this expression is the tragedy “The Nanny Fucking” by the ancient Greek poet-playwright Sophocles (496-406 BC): “Don’t you understand that by silence you agree with the accuser?”
Used: literally.

Encyclopedic Dictionary of winged words and expressions. - M.: “Locked-Press”. Vadim Serov. 2003.

See what “Silence is a sign of consent” is in other dictionaries:

Silent means consent. See REQUEST CONSENT REFUSAL... IN AND. Dahl. Proverbs of the Russian people

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