Last week in the Uniform State Register of judgments was made public definition of high specialized court of Ukraine for consideration of civil and criminal cases from December 17, 2010. For the first time since its inception - October 1 - the court ruled on the illegality of foreign currency loans issued by banks only on the basis of a general license.
Related article: Banks do not have the money for the mortgageVSSGUD dismissed the cassation of OTP Bank on the decision of Pechersk district court of Kiev from 14 May 2010 and the definition of board of judges of the Trial Chamber of the Appeals Court in Kiev on October 27, which were not adopted in favor of the bank.
According to the court's records, Pechersk court terminated the loan contract and mortgage contract of one of the bank's clients, received in June 2008, consumer credit in the amount of $ 155 thousand and offered to pledge a three-room apartment in Kiev on the street Krasnoarmejsky.
The Court found that the currency is credited to the customer to repay the loan under Cash in the checking account. But such an appointment is not subject to the payment transaction authorized by the National Bank of the Rules of cash currency in the territory of Ukraine (NBU Resolution # 200 dated May 30, 2007).
In addition, the court noted that the National Bank declared the sufficiency of a general license to conduct any foreign exchange transactions contrary position, which previously held controller.
"In his same letter of June 2, 2000 National Bank declared the opposite position, in particular pointing out that the presence of the bank's general license does not entitle him to conduct foreign exchange operations, which, according to Art. 5 of the Decree on foreign exchange regulation, should be solely on the basis of an individual license of NBU, - told the court decision.
Thus, the borrower OTP Bank has made termination of contracts and the exclusion of his apartment from the Unified Register of restraint on alienation of real estate. VSSGUD, confirming the decision of the trial and appellate courts, said that his "determination is not appealable."
However, in the OTP Bank think differently. In this connection, a credit institution prepared yesterday appealed to the Supreme Court. "VSSGUD previously took opposite decisions on similar claims. It is on this basis and in accordance with Art. 353 of the Civil Procedure Code, the said decision will be appealed to the Supreme Court.
Director of Legal Department, National Bank of Ukraine Viktor Novikov also believes that banks are right. As evidence he cited the decision of the MAT on December 1 last year, adopted in favor of the lending institution. However, this decision merely stated that the lower courts correctly interpreted the decree concerning the loan of one of our clients Subsidiary Bank Sberbank of Russia for $ 1.9 million, and MAT remanded the case for reconsideration in the first instance.
Lawyers also could not name a single decision of the court of last resort in favor of the client. A member of the parliamentary committee on justice, Valery Pisarenko said newspaper that according to Art. 38 of the Law on the Judicial System and Status of Judges ", MAT may review a decision VSSGUD only if different judge of the court will take the opposite action on the same subject. In this case, must accumulate a critical mass of contradictions and self VSSGUD must allow access to the MAT review cases.