Court refused to recover 10 thousand UAH penalty and fines under the loan agreement due to martial law
The Karlivka District Court of Poltava Region considered a civil case filed by a financial company to recover debt under a consumer loan agreement and made a decision that significantly reduced the amount claimed by the creditor.
The plaintiff in the case was a financial company requesting the court to recover from the borrower more than 15.8 thousand hryvnias of debt under a microloan agreement concluded electronically. The claimed amount included the principal debt, accrued interest, a commission for using the loan, as well as 10 thousand hryvnias in penalties and fines accrued due to delay in fulfilling monetary obligations, the court reported.
During the court hearing, evidence provided by the parties was examined, including documents confirming the conclusion of the loan agreement, receipt of loan funds by the borrower, as well as materials regarding the transfer of the claim right to a new creditor based on a factoring agreement.
When assessing the validity of the claims, the court paid special attention to the provisions of current legislation aimed at protecting borrowers' rights during the martial law period in Ukraine.
The decision states that according to paragraph 18 of the Final and Transitional Provisions of the Civil Code of Ukraine, borrowers under loan and credit agreements are exempt from liability in the form of fines, penalties, and other financial sanctions for delay in fulfilling monetary obligations during the martial law period. Moreover, all such charges accrued after February 24, 2022, must be compulsorily written off by the lender.
Taking into account these legislative provisions and the established practice of the Supreme Court regarding their application, the court concluded that there are no legal grounds to satisfy the claims for recovering 10 thousand hryvnias in penalties and fines from the defendant.
As a result of the case consideration, the claim was only partially satisfied. From the total amount of claims exceeding 15.8 thousand hryvnias, the court ordered to recover only 5,849.35 hryvnias from the borrower. This amount included the principal loan debt, accrued interest, and commission. The court refused to satisfy the claims for penalties and other fines.
Thus, the decision reduced the recoverable debt amount by almost three times. This ruling demonstrates the practical application of the legislative mechanisms for judicial protection of the rights and legitimate interests of borrowers during martial law and confirms the importance of adhering to the special guarantees established by the state for citizens during this period.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.
