THE LETTER OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of January 16, 2013 No. 10-74/0/4-13

About some questions of application of Article 625 of Civil Code of Ukraine

Having considered the letter of the vice-chairman of Appeal Court of the Dnipropetrovsk region of rather some matters of argument of application of regulations of the civil law, the trial chamber on civil cases of the Supreme specialized court of Ukraine on consideration of civil and criminal cases notes it.

Question: Whether the provision of Article 625 of the Civil code of Ukraine (further - group of companies) in case of failure to carry out of the judgment about compensation of the moral damage in particular caused with damage of health is subject to application?

Answer: According to part two of Article 625 of group of companies the debtor who delayed accomplishment of monetary commitment upon the demand of the creditor shall pay amount of debt taking into account the established inflation index for all the time of delay, and also three annual interest rates from the overdue amount if other size of percent is not established by the agreement or the law.

According to part one of Article 509 of group of companies the obligation is legal relationship in which one party (debtor) shall make certain action for benefit of other party (creditor) (to transfer property, to perform work, to provide service, to pay money and so forth) or to refrain from certain action, and the creditor has the right to demand from the debtor of accomplishment of its obligations.

Therefore, cash it is necessary to consider any obligation which consists, including, from legal relationship in which the right of the creditor to demand from the debtor of accomplishment of certain actions is answered by corresponding obligation of the debtor to pay money for benefit of the creditor.

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