Supreme Court Ukraine

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) Resolution of the Supreme Court Ukraine from May 12, 2010 the appellate court reversed and upheld the decision of the district court and, in particular, pointed out that is not the basis for the recognition of the loan agreement null and void in foreign currency, as the Decree of the Cabinet of Ministers of Ukraine "On the system of currency regulation and currency control" does not contain such a ban (decision 6-2751 St. 10). In the absence of regulatory frameworks for application individual licensing with respect to these operations, the only legal basis for banks lending in foreign currency in accordance with the requirements of Article 5 of Decree of CMU is the presence of Bank General license for currency transactions, resulting in the prescribed manner. Therefore, in disputes about the invalidation of contracts on foreign currency loan in the courts Keep in mind that in the event of a bank corresponding to the general license and written permission of the National Bank of Ukraine, the implementation of credit transactions in the currency does not contradict the requirements of the current Ukrainian legislation. Does not contradict the legislation of Ukraine collection of debts under the loan agreement or contract of bank deposit in foreign currency if it is provided under the contract and plaintiff asks to recover the amount in currency. However, make sure that the bank has a general license and written permission to conduct foreign exchange operations, received in due course.

Based on the fact that contractual obligations in foreign currency is not permitted by law, in addition to the recovery of debts in foreign currency and the court may also charge interest on the loan agreement or interest on bank deposit (Articles 1054, 1061 Civil Code of Ukraine) in foreign currency, as such percentage is not a financial sanction, but are the charges for the use of money. .

Selfregulation Listing

2009 was the year of birth in Russia, self-regulating organization of builders, designers and surveyors. Professionals of the construction market for a long time refused to acknowledge the inevitability of its membership in the SRO in the building. However, after January 1, 2010, when all the currently existing building permits have expired, put the business to have to decide in this matter. One of the fundamental differences of systems self-regulation and licensing is that in the first case, a person's right to conduct business directly related not to the presence of a special State permission (license), and membership in a bona fide nonprofit organization, the fulfillment of all requirements for an organization to its members. Ideally, self-regulation suggests the involvement of all professional participants market in the process of forming for ourselves civilized working conditions.

2009 was a transition from a licensing system to a system of self-construction. Participants had the opportunity of the construction market join as a SRO in the building – which has the appropriate legal status of non-profit organization and a commercial partnership (hereinafter – NP, established under the goals of SRO in the building), which did not have SRO status, but prepared to receive it. The legal regime of membership in the Partnership, established under the goals of SRO in the building, to a large extent different from the mode of membership in the non-profit partnership, which has the status of SRO in the building. Some surgical procedures can affect sexual performance, too. lowest cost cialis Teenage viagra in stores find over here Dating Advice for Girls: The Check-List Navigating teenage dating can overflow with high-octane emotional highs and lows. Intimate relationships and physiological trust are most phenomenal aspect to concrete the foundation of mutual understanding relationship. order cheap viagra browse this These diseases greyandgrey.com online viagra prescription results in too much pain and extreme difficulty in moving the joints. Order admission to the SRO in the building, the rights and duties of the partnership, as well as the grounds and procedure for termination of membership in the partnership defined in the rules of the Law on Non-Profit Organizations and internal documents partnership. The law allows non-profit partnership to seek a candidate as a wide range of documents and information about its business. The reception may be denied to persons, if they do not submit such documents or if the content of the documents they submitted to the partnership is in doubt the reliability of information contained in them, or for other reasons laid down by internal documents organization or the decision of its competent authorities. A fundamentally different procedure for admission to the law set for SROs in the construction (see Art. 55.6 Development Code (GSC) of the RF). Imperatively defined: a comprehensive list of documents that a candidate is for admission to the SRO, an exhaustive list of grounds for denial of admission to the SRO in the construction, timing and procedure for the application of the candidate for membership SRO and the decision by the authorized body SRO. Legislative goal is to minimize the potential tyranny of the self-regulatory organization with membership in the SRO in the building and to avoid thus establishing unnecessary barriers to entry for companies building the market and, consequently, its monopolization of certain groups of people.