In connection with the military aggression of the Russian Federation against Ukraine, on February 24, 2022, a military camp was introduced on the territory of Ukraine . A few legal and physical osіb have spent all or part of the main dzherel pributkіv through war and, as a result, they cannot win their goiter for credit agreements. We have now analyzed the specifics of the failure to comply with the non-conformity loan agreements under the hour of military enlistment.
The legal provisions about the vіdpovіdalnіst Looking back at the vіdpovіdnі rule vіdpovіdno up to part 1 of Art. 611 of the Civil Code of Ukraine (hereinafter referred to as the CCU), in case of damage to goiter, rights arise, assigned by contract or by law. Vidpovіdalnіst behind the law Sered naslіdkіv ruptured goiter, part 1 of Art. 611 CCU peredbachaє, zokrema: pripinennya goiter after unilateral action in the form of goiter (as established by the contract or by law) or by the contract; change of minds goiter; payment of a penalty; vіdshkoduvannya zbitkіv that moral shkodi. Before goiter, according to the loan agreement, there are legal provisions on position. Zgidno іz Part 2 Art. 625 and part 1 of Art. 1050 TsKU, as a layman without turning the sum of the posture at the same time, pay the sum of the debts: the sum of the borg with the adjustment of the established inflation index for the entire hour of the stitching; 3% of river types of stitched bag.
Time after time, as if a loan agreement is transferring the loan back to the loan in parts (with lines) and the borzhnik not turning back, or untimely turning back the part of the penny sum, the lender has the right to reclaim: the full repayment of the part of the loan that is lost; pay interest vіdpovіdno to h. 2 tbsp. 1050 CCU.
Vіdpovіdalnіst pіdpovіdalnіst pіdpovіdalnіst іn agreement koristuyuuchіs svoіdіїuїuїuіїuіu contract, the parties may have the right to transfer raznomanіtnі vidi vіdpovіdalnostі for violating the contractual goiter. The most wide-spread in times of non-conforming goiter by a borzhnik for a loan agreement are the following mechanisms: forfeit (penalty, fine); completion of the return of all sums of the loan to the creditor’s help; breaking the contract. Legislative regulation of changes in the period of the military camp Law of Ukraine “On amendments to the Tax Code of Ukraine and other legislative acts of Ukraine regarding the norms for the period of the military camp” dated March 122, 2020 No. 2120-IX (hereinafter – Law No. 2120-IX) transferring the letter of the debtor in respect of the payment of a penny goiter for the settlement of a penny goiter, owing to a loan agreement (position), deposited by the bank with another creditor ( positive provider).
Zokrema, according to the Law No. 2120-IX, the official of the order to apply the call to the law: according to the law No. 2120-IX 625 of the Central Committee (payment of sumi borg with the adjustment of the established inflation index for the entire hour of writing, as well as 3% of the regular); obov’yazku pay a penalty (fine, penalty) for the delay in the loan agreement (position). A higher rule has been appointed for stretching the line of the military camp for 30 days after the yogo is attached or slander.
As of February 24, 2022, a forfeit (fine, penalty) and other payments have already been charged for the delay of the vykonannya (non-vykonannya, chastkovy vykonannya), the stench is written off. Payment for payment of a penalty and other payments for late payment is also required for fast loans. Dodatkovo by the Law No. 2120-IX, the increase in the interest rate for borrowing a loan for quick loans, for a quick loan for quick loans, was introduced, as if the interest rate was changed. Analogous norms zastosovuyt and before credits, assigned to Part 2 of Art. 3 of the Law of Ukraine “On fast crediting” (for example, agree that you can forgive your mind about a fast credit in the form of crediting the account with a line of repayment of a loan up to one month). Violation of vidpovidalnosti for nevykonannya credit agreement at zv’yazku s furnishing force majeure Force majeure and pennies goiter Vіdpovidno to h. 2 tbsp. 218 of the Civil Code of Ukraine, the conditions of non-separate strength are not allowed for the borzhnik of the necessary cats. Vodnochas zgіdno іz h. 1 tbsp. 625 The CCU of the borzhnik will not be called on account of viability for the impossibility of taking a penny goiter for him.
The ship’s practice regarding the issue of waivers for a loan agreement on the basis of conditions for force majeure is not unambiguous. On the right, that the ATO was carried out as a force majeure situation, the judges stopped the call due to force majeure, not ending in case of force majeure, due to the real impact of force majeure on the contract due to force majeure tongue Prote the rest of the court practice allows to diti vysnovku, scho cost of work, business and/or profits through fighting do not forbid the side of the borrower in the case of non-conformity for the non-conformity of the loan agreement, the actual ability to pay the loan (say, daily legislators obmezhennya/fences).
The sheet of the Chamber of Commerce and Industry has that same meaning, as if it caught sight of the Russian aggression against Ukraine, as it zoomed in on the introduction of a military camp in Ukraine, a force majeure situation (an environment of non-separating force). The sheet of commercial and industrial dishes of the Palace of Ukraine does not mean automatically Zvilnnnya vidovydalosti for the innocent loan agreement, the okelki mi is non-nchobytu zobov’s, that is the environment of the force Major, Boti Zvoi, and the surroundings of the Major Vyznya for the Mads-Mazhny Vyta for the Mads-Mazhny yazannya. They put the drag to bring it to the side, yak destroyed the goiter. Force majeure and credit agreements in foreign currencies Force majeure is possible for credit agreements in foreign currencies, depending on the legislator’s exchange at the link with the military camp. Zocrema, apparently until the decision of the National Bank of Ukraine “On the work of the banking system during the period of the military camp” dated 24.02.2022. No. 18 established a moratorium on transcordon transfers in foreign currency. It is important that the decree conveys a low blame, if such transcordon orders are allowed. For example, the fence does not expand on the holding of repayments in currencies from MFIs (yak-ot, ЄBRR, ЄІB, ChBTR) and payments for loan agreements secured by a sovereign guarantee. Security for the loan agreement
Also, the creditor may demand a guarantee or bail, a loan, a bank, a parent company, a group company, or a final beneficiary ‘s manager or else. It is necessary to call for a loan for a mortgage, a military camp in Ukraine. So, on the basis of Law No. 2120-IX, a moratorium was established on the right to exercise power, sales, sale at electronic auctions and the contracting of the mortgage holder for indestructibility, which physical persons should be subject to, rebuying in mortgages for saving loans. A Danish moratorium has been established for the period of military service in Ukraine for 30 days after it is attached or slander. The established norms are not subject to agreements that were laid down after the recruitment of rank by Law No. 2120-IX, or until such time after the recruitment of rank by Law No. 2120-IX, for the reasons of the parties , changes were made to a part of the downgrading lines of fines for goitre and / or a change in percentage, sanctions.
Обмеження щодо вчинення виконавчого напису нотаріуса Під час воєнного стану постановою Кабінету Міністрів України “Про внесення змін до деяких постанов Кабінету Міністрів України щодо діяльності нотаріусів та функціонування єдиних та державних реєстрів, держателем яких є Міністерство юстиції, в умовах воєнного стану” від 19.04.2022 р . No. 480 established the exchange on the inscription of the notary’s signatures on loan agreements. Zokrema, Decree No. 480 transferring the fence to the submission of written inscriptions on loan agreements, which are not notarized. Other exchanges Slid also to increase respect, that in the minds of the military camp the activity of notaries will be surveyed, and the same notaries, like the hour of the military, I will charge notarial duties of a valuable mine.
In the minds of the military hour, do not hesitate to call on the goiter of the borzhnik when the security is installed, and replace it or other visits at the time of the item of security. For the rule of thumb, it is clear up to part 1 of Art. 1052 CCU lender has the right to demand a long-term loan return and pay interest: if the borrower does not pay off the goiter, how to secure the loan return; otherwise, the time has spent the security of vikonannya goiter and the loss of minds for the furnishing, for which the creditor did not bear the responsibility. Tobto as a security for the loan agreement – the object of indestructibility, which was reduced on the basis of military actions, the lender may have the right to exercise the right to exercise the right to repay the loan and pay interest. It is often sufficient to make security agreements, which are laid down in accordance with the loan agreement, transfer the obligation of the borrower to renew the subject of security, or replace it with an equal one, and as it is impossible to give another security, which pleases the creditor. Looking at the meaning of more analysis, you can make the following statements:
- In case of non-conforming credit agreements, a military contractor can bear the debt under the agreement and/or according to the law (for example, paying a penalty, raising the agreement, changing the minds of the agreement, completing the return of the credit to the loan and the other way).
- For the period of the military camp in Ukraine, and for 30 days after the yogo is attached, or the bozhnyk’s call is sent to:
- Vіdpovіdalnostі for art. 625 of the Central Bank of Ukraine (payment of the sumi borg with the adjustment of the established inflation index for the entire hour of writing, as well as 3% of the regular);
- obov’yazku to pay a penalty (fine, penalty) for prostachennya zgіdno z loan agreement (position).
- For the period of the military camp in Ukraine, on 30-day lines after the first, or the increase in the interest rate for the loan for quick loans, for a quick loan, the interest rate is changed.
- The sheet of the Chamber of Commerce and Industry on the acknowledgment of the Russian aggression against Ukraine by force majeure does not automatically mean a call for breach of credit agreements.
- Borzhnik may be charged in violation of the loan agreement, so that you have imposed force majeure on your own for this particular type of violation of the loan agreement (for example, through the NBU moratorium on transcordon violations in foreign currency).
- For the period of the military camp in Ukraine, and for 30 days, after this, the fence was placed on the fence for the inviolability, like:
- fit physical persons;
- rebuy in іpotetsі for quick loans.
- Making written inscriptions on credit agreements, which are not notarized, fenced.
- As a matter of indestructibility, as a security for a loan agreement, it was reduced or reduced due to military actions, the creditor may have the right to exercise control over the borrower:
- pre-term loan repayment and payment of interest; or
- reinstatement of the subject of security, replace it with another security, which satisfies the creditor, as it is transferred by the agreement.