Yalnizca

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

The head of state of all its activities demonstrates a huge desire to attract the largest possible number of foreign investors in Ukraine, but because the norms proposed in these bills wreak havoc on the country's investment attractiveness. – In addition to the text of the explanatory memorandum to the bill number 8163 told the following "At the current stage of development of agricultural market a significant portion of the proceeds from the sale of products grown by domestic agricultural producers, intermediaries and assigned to exporting companies (traders), most of which have foreign capital. " That is, in other words for Ukrainian companies with foreign money is bad? That's the whole investment attractiveness. – But first of all, the authors take care of domestic manufacturers, which currently does not have access to the export of their products. – In order to to understand this question let's understand the market model, which is now proposed by the legislators. At the moment there are so many manufacturers are at a considerable distance from each other. Small intermediaries, whose number is also large enough, with little working capital, and traders with significant working capital.

Small broker collects from manufacturers products, accumulating it in Port elevators, and then sells the trader that exports large quantities of goods on the world market. Such a model exists in the world. The proposed model would look like, a monopoly will gosagent buy directly from the manufacturer of products that will sell on the world market, other traders will be able to export only if the 50% share of the growing season. So eliminated the small broker that, at first glance, not bad, but the trader and gosagent are at a disadvantage, because gosagent no obligation to invest 50% of the products manufacturer. So, the question of the existence trader in this model is also solved. In this state agent can single-handedly regulate prices in the domestic market, putting the producer to choose to sell at the proposed prices or not sell at all, which is also not stimulates the growth of agricultural production and the revival of agriculture.

First of all, these bills eliminate the concept of competition in the grain market. – What to do and what are the ways of development APC? What standards should be taken to our legislators? – First of all – direct discussions with market participants, calculation of the economic consequences of the introduction of laws, consult with experts and study the rules existing domestic and international laws, for example, the same WTO rules that are to our community member states, the norms of direct action. You can explore the experience of neighbors such as Russia, all efforts which are aimed at the liberalization of the market and the development of logistics infrastructure. As for us in the country as a whole infrastructure is much better, thanks to this small resellers who accumulates the products from manufacturer. And of course, pay attention to the accuracy of the language as vague definition opens up considerable opportunities for speculation and corruption, killing the development of any industry.