Economic Procedural Code
October 7, 2010 the Trial Chamber on Civil Cases of the Supreme Court of Ukraine held the generalization of the judicial practice of considering the civil cases arising from the credit relationship (2009-2010) (Excerpts) The local courts have allowed violations rules and the exclusive jurisdiction in cases arising from credit relationships. According to the article. 114 hpa Ukraine claims arising about the real estate should be treated according to the rules exclusive jurisdiction of the location of this property. Consequently, if the subject of the claim is reduced to recover the debt on the loan, then the court must apply the provisions on jurisdiction, defined Art. Art. 109, 110 of cpc of Ukraine. If the claim is subject to foreclosure on the mortgaged property (Art. 33, 39 of the Law of Ukraine "On Mortgage"), etc., the court shall 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 credit contracts, influence the determination of jurisdiction over the dispute on the consumer's residence, the question of jurisdiction at the place location of the branch bank. The above claim does not relate to the activities of the nbu or its territorial 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. However, keep in mind that banks are encouraged to participate in the trial of disputes about the ownership of the property to which they have appear cumbersome (mortgagee) in the manner prescribed by Part 2 of Art. 35 chp, to determine whether such burdensome to use information from the relevant registries encumbrances. Courts may use the provisions of paragraph 4 of Part 1 of Art. 1955 Economic Procedural Code of Ukraine, which indicated 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, 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 government duty is paid foreign currency applies only to non-residents. Refund in the currency does not contradict the Civil Code of Ukraine, as in case the currency is not is a means of payment. If you can not return funds to 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 issue is relevant from the viewpoint of protection of violated plaintiff's rights (Article 1 of the Code of Civil Procedure of Ukraine), as public artists will refuse to open an executive proceeding if the court decision is not specified hryvna the equivalent of debt.
Tags: man and the law
