18:38:24 - 10.03.2010
| The Ukrainian judges do not understand credits |
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Judicial claims concerning increase in interest rates under credit contracts should be considered in interests of the consumer that is fixed legislatively and does not occur in practice. Such opinion in interview was stated by the younger partner of the legal company and HBW&Orlov Cyril Levterov. "Often judges do not distinguish usual civil cases when the parties are in equal position, and cases when one of the parties is protected by the law" About protection of the rights of consumers ", and persistently do not wish to put its norm into practice in cases of indistinct or double formulations of the credit contract", - he has noted. According to the expert, the law "About protection of the rights of consumers" provides treatment of indistinct and double positions of contracts, in particular, credit, in favour of the consumer. According to the lawyer, it is necessary to fix application by courts of norms of this law concerning credit contracts and to provide the mechanism of its realisation, including work on improvement of professional skill of judges in this point in question. Levretov assumes, what not control toughening over actions of not bank financial institutions concerning increase of interest rates under credit contracts will be superfluous also. "For the today supervising body, namely the State commission under securities and the share market actually does not undertake any actions for the decision of the given problem", - he considers. According to the expert, unlike banks where since January, 2009 increase of interest rates under credits is forbidden, небанковские till now on the lawful bases solve the financial problems at the expense of the consumer. In a context of this problem K.Levterov criticises the bill "About financial institutions" which does not solve a problem of discrimination of consumers of credits and services of not bank financial institutions. As the expert considers, the norm of the bill of an interdiction to financial institutions unilaterally to increase the size of the interest rate under credits, except for cases established by the law, is incorrect. The given formulation, in its opinion, will allow financial institutions to raise interest rates, being based on law positions "About protection of the rights of consumers" which provide such actions. As "the corresponding bill is informed On modification of some acts of Ukraine on the Supreme Rada site, (concerning an interdiction to financial institutions unilaterally to increase the size of percent and other payments provided by the credit contract)" (№3521-1) it is registered in parliament in March, 2009. |