Recent Ukrainian court practice deemed to affect commercial transactions
Recent practices of courts in Ukraine were deemed to negatively affect commercial banking transactions. The following were the specific court judgments and resolutions.
A Supreme Court judgment (Case 6-80цс12, September 12 2012) invalidated unfair provision in loan agreements. The term "unfair provision" was defined as "provisions breaching the principle of equity and entailing a sizable disproportion in reciprocal rights and obligations to the detriment of the consumer." The court ruled that this rule was also applicable to consumer loans. In effect, consumer credit provisions such as those that foresee possible changes in advanced repayment charges or loan servicing charges were considered to be unfair. Thus, these provisions will be invalid.
Another court resolution (Higher Commercial Court of Ukraine Resolution 18/113-53/81 (January 31, 201)) stipulates that a creditor cannot claim any compensation for inflation in the event that a debtor does not perform his monetary obligations.
Lastly, a court resolution (Higher Commercial Courth of Ukraine Resolution 5011-32/5219-2012 (November 1, 2012)) also established that debtor obligations were not terminated despite of the court's lack of enforcement thereof.
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