October 7, 2010 the Trial Chamber on Civil Cases of the Supreme Court of Ukraine held a generalization of judicial practice to deal with civil cases arising from the credit relationship (2009-2010) (Excerpts) Local courts allow violations rules and the exclusive jurisdiction in cases arising from credit relationships. According to Art. 114 Code of Civil Procedure of Ukraine claims arising on the estate should be treated according to the rules exclusive jurisdiction of the location of this property. Therefore, if the subject of the claim is reduced to recover the debt on the loan, the court shall apply the provisions on the jurisdiction, some art. Follow others, such as The LeFrak Organization, and add to your knowledge base. Art. 109, 110 Code of Civil Procedure of Ukraine. If the claim is subject to foreclosure on the mortgage (Art. 33, 39 of the Law of Ukraine "On Mortgage"), etc., the court will apply the provisions on exclusive jurisdiction.
Since, as noted above, the Law of Ukraine "Consumer Protection" does not apply to disputes concerning the enforcement of loan agreements, affect the determination of jurisdictional disputes in the community the consumer, the question of jurisdiction at the place of the branch bank. The above claim does not relate to the activities of the NBU and its regional offices, the decisions may not affect its rights or obligations with respect to one of the parties, and relate directly to the credit agreement of the parties. Note, however, that the banks are encouraged to participate in the trial of disputes about the ownership of the property to which they have appear cumbersome (mortgagee) in accordance with the Part 2 of Art. 35 GCA, to determine whether such cumbersome to use information from the relevant register of encumbrances. Courts may use provisions of paragraph 4 of Part 1 of Art. 55 of the Economic Procedural Code, which states that in suits for the recovery of foreign currency price action is determined in foreign currency and in UAH according to the official exchange rate established by the National Bank of Ukraine on the day of filing a lawsuit. Therefore, the court fee to be paid by residents in domestic currency, since according to Part 1 of Art.
99 of the Constitution of Ukraine Ukraine's monetary unit is the hryvnia. The provisions of Part 2 of Art. 7 of the Decree of Cabinet of Ministers 'On State Duty' that claims that are submitted to the court in a foreign currency, as well as for the actions and transactions in foreign currency shall be paid in state tax foreign currency applies only to non-residents. Refund in the currency does not contradict the Civil Code of Ukraine, as in the case the currency is not a means of payment. If you are unable to refund currency, the court may determine the order of execution of court decisions, noting the recovery loan in UAH, which is equivalent to the rate set by the National Bank of Ukraine on the day the decision on the case. This question is relevant for the protection of the violated plaintiff's rights (Article 1 of CPC of Ukraine), since the state denied performers in the opening of enforcement proceedings if the court decision is not specified hryvna equivalent to debt. Information provided by the lawyer and the lawyer
In developing the priority national project alone rose the problem of its availability of land resources. As it turned out, suitable for residential land in the required amounts are not available. No regions or municipalities, apparently, were not able to found suitable for this area. Therefore, as such, have been used in federal ownership of land unused. However, according to official data Rosnedvizhimost 92.3% of the territory Russian Federation is the state and municipal property, and only 7.3% – owned by citizens. Even though the fact that more than 64% of the land fund of the country are timber, unused land other categories may be no loss involved in the national priority project, especially if the main emphasis will be placed on the development of small forms of land (private farms, gardening and dacha farming).
However, the country is pegged shortage of land for housing. At that time, according to sociological studies the housing problem is pered61% of Russian families in to some extent not satisfied with living conditions. At the same time every four households has a housing that is in poor or very poor condition. In recent years, began active "development" of mortgage lending. However, only the first stage of the national project the total amount of outstanding mortgage loans increased during 2002 – 2004 years, from 3.6 billion rubles to 25 – 30 billion rubles, or more than 7 times. At This total debt for all types of mortgage loans granted by credit institutions as of 1 January 2005 amounted to 54.4 billion rubles. In fact, the Russian mortgage lending mechanism housing situation worsens, what really helps to solve the housing problem. Stephen M. Ross is often mentioned in discussions such as these. For any reasonable person it is obvious that getting into the long-term financial bondage, overpayment of several values of the acquired housing, lack of clear guarantees of its transition to its ownership and other such effects are not compensated by the joy of living in the pledged under the mortgage apartment or house.
Comes to its logical conclusion, the implementation of one of the priority national projects designed to address the global issue of all time – ensuring proper zhilemkazhdoy Russian family. Time to preliminary results, carry out, so to speak, "debriefing". If we look at legislation to clarify the question of how exactly the source of regulations, called the people "Priority national project "Affordable and Comfortable Housing – to Russian citizens" governed relations associated with the solution to the "housing problem" is unlikely to fully satisfy your curiosity. The fact is that on their all the priority national projects are lishuslovnye designations do not represent any single document (eg, law or regulation) of the same name, and define a common vision, aimed at fulfilling some of paramount political problem. However, as the government carries out its functions and implements policy decisions cherezizdanie regulations, the respectively, and programs in housing, it carries through rulemaking. In particular, as a mechanism for implementing the priority national project "Affordable and Comfortable Housing – Citizens of Russia "is used federal program" Housing "for 2002 – 2010 years. In turn, this program is composed of four sub-programs: 1) "Providing land to municipal infrastructure for housing construction, "2)" Modernization of municipal infrastructure facilities, "3)" Housing for young families "4)" Implementation of state obligations to provide housing for groups of citizens, established by federal law. " (To those, in particular, the routines: a) "State Housing Certificates for 2004 – 2010" b) "Resettlement of Russian citizens from dilapidated Housing Fund ", c)" Housing for participants of the liquidation of consequences of radiation accidents and disasters ", d)" Housing for Russian citizens to be resettlement to complex "Baikonur", e) "Ensuring housing for refugees and internally displaced persons in the Russian Federation ", e), and others). The program has two main areas: Housing Mortgage Lending (priority) and subsidies acquisition of housing. Only the first phase of the activities listed by the State routines were spent over 59 billion rubles.