In the article, a bank lending agreement for citizens is considered as a mixed one, characterized, on the one hand, by the formal equality of its participants, and on the other, by an imbalance of their legal capabilities. Because of this, disputes arising from these legal relations must be considered within the framework of civil proceedings, but according to the rules of separate proceedings. It is proposed to expand the functions of the prosecutor and consolidate his right to initiate civil proceedings in defense of the rights and interests of citizens who are parties to the bank lending agreement. Submission of disputes from these legal relations to arbitration courts (arbitration) is permitted, but subject to the independence of arbitration from both parties to the loan agreement.
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Ekaterina V. Mikhaylova (2024) studied this question.
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