Civil Code

NBU Board on the appointment of an interim administration and the moratorium is not an npa, and is the legal act of the individual actions that are not subject to such registration. During the moratorium, there are no penalty to which the fine and penalty, which is a form of civil liability for breach of contract. However, the monetary obligation – debtor’s obligation to pay the lender a certain sum of money in accordance with the civil contract and on other grounds provided by the civil legislation of Ukraine. The composition of cash the debtor’s obligations do not include a penalty (fine, penalty). Such a definition is given a monetary obligation in Art. 1 of the Law of Ukraine “On the recovery of the debtor’s solvency or declaring it bankrupt, it is responsible its essence and can be used in for this category. In addition to a civil contract, a monetary obligation arises on other grounds provided by civil legislation, which is the position of Art. 625 Civil Code of Ukraine, according to which a debtor who has delayed implementation of a monetary obligation, at the request of the creditor is obliged to pay the amount of debt, taking into account inflation index established for all time delay, as well as three per cent per annum with the overdue amount, unless a different rate of interest do not have a contract or law.

Thus, these amounts are not a penalty and they are not subject to the 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 obligations to pay taxes and duties (mandatory payments) may be made payable in the amount that existed at the date of the moratorium, unless otherwise stipulated in this Law. According to the article. 611 Civil Code of Ukraine in case of default advancing the legal consequences established by the contract or by law, including damages and moral damages. It is essential that the article provides for compensation for moral damage, but only when it is established by law or contract, the courts have not always paid attention. Therefore, if the parties in the contract provided such liability for, the requirement recovery of moral damages to be satisfied with regard to the established art. 23 Civil Code of Ukraine and the clarifications contained in the resolution of the Plenum of the Supreme Court of Ukraine on March 31, 1995 4 (with appropriate modifications and additions) ‘On the judicial practice in cases of non-pecuniary (moral) damage. “

If the contract is not defined moral (moral) damage as a kind of responsibility, it is non-refundable only in cases stipulated by law. In this case, art. 611 Civil Code of Ukraine should not be interpreted so that it refers to the art. 16 of the Code, including ways to protect the right to call the non-pecuniary (moral) damage. Such a conclusion based on the fact that the 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, please note that not precluded recovery of moral damages suffered as a result proven misconduct of bank employees, in cases of tort law relations. However, such a relationship would not be directly related to the resolution of a dispute about the cancellation / refund bank contribution, and will be governed by other rules of the Civil Code of Ukraine.