of January 16, 2013 No. 10-70/0/4-13
To chairmen of Appeal Courts of areas, cities of Kiev and Sevastopol, Appeal Court of the Autonomous Republic of Crimea
About single questions of use of terms of limitation period
Having considered the letter of the vice-chairman of Appeal Court of the Sumy region of rather some matters of argument of court practice of consideration of disputes in credit legal relationship and use of term of limitation period, the trial chamber in civil cases of the Supreme specialized court of Ukraine on consideration of civil and criminal cases notes it.
By Item 31 of the resolution of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of March 30, 2012 to No. 5 "About practice of application by courts of the legislation in case of resolution of disputes which arise from credit legal relationship" to courts it is explained that in disputes on consumer crediting the loan provider is forbidden to require return of consumer loan which prescriptive limit passed. With respect thereto limitation period in the claim for return of consumer loan is applied irrespective of availability of the statement of the party in dispute.
As with the expiration of terms of limitation period to the main requirement it is considered that limitation period expired and to the additional requirement (penalty, imposing of collection on the forced property and so forth), the rule stated above is applied also to additional requirements of bank (other financial institution).
The specified explanation concerns also extrajudicial procedure for resolution of disputes, and in case of the address with the corresponding claim to court.
Official interpretation of article 11 of the Law of Ukraine "About consumer protection" is provided as well in the Solution of the Constitutional Court of Ukraine of November 10, 2011 to No. 15-rp/2011 (case on consumer protection of credit services).
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