NBU Board on the appointment of an interim administration and the moratorium is not an NPA, and is a legal act of individual actions which are not subject to such registration. During the moratorium, there are no damages to which the fine and penalty, which is a form of civil liability for breach of contract. However, monetary obligation – the obligation of the debtor to pay the lender a certain sum of money in accordance with the civil contract and on other grounds, the civil legislation of Ukraine. The composition monetary liabilities of the debtor does not include a penalty (fine, penalty). Such a definition is given a monetary obligation in Art.
1 of the Law of Ukraine "On restoration of solvency of the debtor or declaring bankruptcy," it meets its essence and can be used in cases of this type. In addition to a civil contract, a monetary obligation arises on other grounds provided for by civil legislation, to which the provision of Art. 625 CC of Ukraine, according to which a debtor who has delayed the implementation of a monetary obligation, at the request of the lender is obliged to pay the amount of debt, taking into account the established inflation index for all time delay, as well as three per cent per annum from the outstanding amount, unless a different rate of interest do not have a contract or law. Thus, these amounts are not penalties and are not subject to moratorium. After the end of the moratorium penalty (fine, fine), other financial sanctions, as well as the amount of damages that the bank was obliged to pay creditors on monetary obligations and commitments to taxes and duties (mandatory payments) may be declared for payment in the amount that existed at the date of the moratorium, unless otherwise stipulated in this Law. According to Art.
611 CC of Ukraine in case of violation obligations come the legal consequences stipulated in the contract or by law, including damages and moral damages. It is essential that this article provides a non-pecuniary harm, but only when it is established by law or contract, to which the courts do not always pay attention. Therefore, if the parties in the contract provided such liability for breach of obligations, requirement to recover non-pecuniary damage to be satisfied with regard to the provisions established art. 23 Civil Code of Ukraine and the clarifications contained in the resolution of the Plenum of the Supreme Court of Ukraine of 31 March 1995 4 (with corresponding amended) "On judicial practice in cases of non-pecuniary (non-property) damage." If the contract is not defined moral (non-property) damage as a kind of responsibility, it refundable only in cases stipulated by law. In this article. 611 CC of Ukraine should not be interpreted to mean that it refers to the art. 16 of the Code, including ways to protect the rights of calls for moral (non-property) harm. This conclusion is based on the fact that a special rule (Section 4 hours 1 tbsp. 611 Civil Code of Ukraine) can not refer to the general rule ( 9, part 1 of article 16 of the Civil Code of Ukraine). However, keep in mind that does not exclude punishment for moral harm result of the proven misconduct of bank employees, in cases of tort law relations. However, such relationship would not be directly related to the resolution of the dispute about the cancellation / refund bank deposit, and will be governed by other rules of the Civil Code of Ukraine. Information provided by the lawyer and the lawyer
| January 23rd, 2022 | Posted in News |