• Consumer Protection

  Filed under News
  Feb 16

  October 7, 2010 the Trial Chamber on Civil Cases of the Supreme Court of Ukraine held a generalization of judicial practice to deal with civil cases arising from the credit relationship (2009-2010) (Excerpts) Local courts allow violations rules and the exclusive jurisdiction in cases arising from credit relationships. According to Art. 114 Code of Civil Procedure of Ukraine claims arising on the estate should be treated according to the rules exclusive jurisdiction of the location of this property. Therefore, if the subject of the claim is reduced to recover the debt on the loan, the court shall apply the provisions on the jurisdiction, some art. Art. 109, 110 Code of Civil Procedure of Ukraine. If the claim is subject to foreclosure on the mortgage (Art. 33, 39 of the Law of Ukraine "On Mortgage"), etc., the court will apply the provisions on exclusive jurisdiction.

  Since, as noted above, the Law of Ukraine "Consumer Protection" does not apply to disputes concerning the enforcement of loan agreements, affect the determination of jurisdictional disputes in the community the consumer, the question of jurisdiction at the place of the branch bank. The above claim does not relate to the activities of the NBU and its regional offices, the decisions may not affect its rights or obligations with respect to one of the parties, and relate directly to the credit agreement of the parties. Note, however, that the banks are encouraged to participate in the trial of disputes about the ownership of the property to which they have appear cumbersome (mortgagee) in accordance with the Part 2 of Art. 35 GCA, to determine whether such cumbersome to use information from the relevant register of encumbrances. Courts may use provisions of paragraph 4 of Part 1 of Art. 55 of the Economic Procedural Code, which states that in suits for the recovery of foreign currency price action is determined in foreign currency and in UAH according to the official exchange rate established by the National Bank of Ukraine on the day of filing a lawsuit. Therefore, the court fee to be paid by residents in domestic currency, since according to Part 1 of Art.

  99 of the Constitution of Ukraine Ukraine's monetary unit is the hryvnia. The provisions of Part 2 of Art. 7 of the Decree of Cabinet of Ministers 'On State Duty' that claims that are submitted to the court in a foreign currency, as well as for the actions and transactions in foreign currency shall be paid in state tax foreign currency applies only to non-residents. Refund in the currency does not contradict the Civil Code of Ukraine, as in the case the currency is not a means of payment. If you are unable to refund currency, the court may determine the order of execution of court decisions, noting the recovery loan in UAH, which is equivalent to the rate set by the National Bank of Ukraine on the day the decision on the case. This question is relevant for the protection of the violated plaintiff's rights (Article 1 of CPC of Ukraine), since the state denied performers in the opening of enforcement proceedings if the court decision is not specified hryvna equivalent to debt. Information provided by the lawyer and the lawyer

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