Unofficial transfer. (c) Soyuzpravoinform
of February 7, 2014 No. 7
About modification and amendments in the resolution of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of March 30, 2012 No. 5 "About practice of application by courts of the legislation in case of the dispute resolution, arising from credit legal relationship"
According to Item "About judicial system and the status of judges" and in connection with questions which arise in court practice on application of regulations of the substantive right by courts the plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases decides 6 parts two of article 36 of the Law of Ukraine:
Bring in the resolution of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of March 30, 2012 No. 5 "About practice of application by courts of the legislation in case of the dispute resolution, arising from credit legal relationship" such changes and amendments:
1. Last offer of paragraph two of Item 24: "Failure to pay the next payment cannot be such term only" to exclude.
2. State Item 31 in the following edition:
"31. In case of application of provision of Item 7 parts eleven of article 11 of the Law of Ukraine "About consumer protection" which to the loan provider are forbidden to require return of consumer loan which prescriptive limit expired courts shall recognize that in system communication with part eleven of article 11 of the specified Law this requirement concerns extrajudicial procedure for return of consumer loan and is directed to establishing judicial control of the solution of such requirements of the loan provider for the purpose of protection of the rights of the consumer as more weakness of the agreement of consumer loan.
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