Exemption from the obligation to pay a penalty (fine! penalty) for inflation Exemption from losses and 3% per annum for such delay based on paragraph 18 of the Final and Transitional Provisions of the Civil Code of Ukraine
On January 31! 2024! the Supreme Court! as part of the panel of judges of the Second Judicial Chamber of the Civil Court of Cassation! in case No. 183/7850/22! proceedings No. 61-14740св23 (EDRSRU No. 116840099)! examined the issue Exemption from of the application of Clause 18 of the Final and Transitional Provisions of the Civil Code of Ukraine when exempting from the obligation to pay a penalty (fine! penalty)! inflation losses and 3% per annum.
A person may be exempted from a civil obligation or its performance in cases established
By a contract or acts of civil legislation (Part One of Article 14 of the Civil Code of Ukraine).
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The criteria for the legality of coercing a subject of civil law to certain actions (inaction) are related to the fact that the corresponding actions (inaction) must be mandatory for such a subject (see the resolution of the Supreme Court in the composition of the Joint Chamber of the Civil Court of Cassation dated October 10! 2019 in case No. 320/8618/15-ц (proceedings No. 61-4393сво18)).
During the period of martial law or a state of emergency in Ukraine and within thirty days after its termination or cancellation! in the event of a borrower’s delay in fulfilling a monetary obligation adopters are sociable and influential under an agreement under which the borrower was granted a credit (loan) by a bank or other creditor (lender)! the borrower is exempted from the liability specified in Article 625 of this Code! as well as from the obligation to pay a penalty (fine! penalty) to the creditor (lender) for such delay.
To establish that the penalty (fine! penalty) and other payments
The payment of which is provided for by the relevant agreements! accrued from and including February 24! 2022 for delayed performance (non-performance! partial performance) under such agreements! are subject to write-off by the creditor (lender) (Clause 18 of the Final and Transitional Provisions of the Civil Code of Ukraine).