Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF vypusk_68-582-591 Завантажень: 17, розмiр: 322.3 KB

DOI: https://doi.org/10.33994/kndise.2023.68.58

I. Okunevych

The article examines the legislative aspects, in accordance with which the circumstances are determined under which it is impossible to fulfil obligations under loan agreements (agreements) and the circumstances under which it is possible to exempt from the performance of certain obligations under loan agreements in a special period (introduced on March 18, 2014) and the period of martial law in Ukraine (introduced on February 24, 2022) for the following categories of borrowers: legal entities, military personnel, ATO/JFO participants. In connection with the fullscale invasion of the russian federation on the territory of Ukraine, many borrowers (both legal entities and individuals) lost their outpost property, and assets, income decreased, many borrowers take part in hostilities, etc., which in turn affected the ability to repay their obligations under loan agreements. The study found that there are separate special approaches for the implementation of different contracts. In particular, regarding the fulfilment of loan, mortgage, and loan agreements, the only requirement for releasing a person from liability for the inability to fulfil his obligations under the agreement is the introduction of martial law. But at the same time, in order to exempt military personnel and participants in the ATO/JFO from the accrual of penalties for failure to fulfil their obligations and interest on using a loan, it is necessary to notify the bank (or other financial institution in which the loan was issued) in writing about military service and provide supporting documents. In relation to legal entities, the legislator requires to prove the fact that it is impossible to fulfil the contract due to the onset of force majeure circumstances, the occurrence of which is confirmed by the Ukrainian Chamber of Commerce and Industry in a legislative manner.

Key words: loan, loan agreement, special period, martial law, soldier, ATO/JFO participant.