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Consumer Protection and Financial Literacy / Consumers Rights Protection

Consumers Rights Protection

Legislation Overview

Financial Services Consumers' Rights Protection Legislation

1. Civil Code of Ukraine (Articles 257, 553-554, 575, 1054-056-1)Limitation of action, collateral, contractual guarantee, loan agreement
2. Family Code of Ukraine (Article 177)Restrictions pertaining to legal actions with respect to the real estate of a child
3. Housing Code of Ukrainian SSR (Article 109)Residential eviction procedure
4. Law of Ukraine On Consumers' Rights Protection (Article 1, items 19, 22 and 23, and Article 11)Consumer loan concept, consumer rights in purchasing goods on credit
5. Law of Ukraine On Amending Certain Legislative Acts of Ukraine Regarding Normalization of Legal Relations between Creditors and Financial Services Consumers No.3795-VI of September 22, 2011Amendments to certain legislative acts of Ukraine regarding normalization of legal relations between creditors and financial services consumers
6. Law of Ukraine On Mortgage No.898-IV of June 5, 2003Limitation of action, collateral, contractual guarantee, loan agreement
7. Law of Ukraine On Valuation of Property, Property Rights and on Professional Valuation Activities in Ukraine of July 12, 2001Legal framework of independent valuation of property, property rights and professional valuation activities in Ukraine
8. Law of Ukraine On Banks and Banking (Articles 55 and 56)Bank relations with customers, customers’ right to information
9. Law of Ukraine On Financial Services and State Regulation of Financial Services Markets No.2664-III of July 12, 2001 (Article 6, parts 2, 3)Ban on unilateral increases in interest rates. Ban on early repayment demands and unilateral termination of loan agreements
10. Law of Ukraine On Protection of Childhood (Article 17)Child’s right to property, restrictions on legal actions with respect to a child’s property
11. Law of Ukraine On Fundamentals of Social Protection of Homeless Citizens and Homeless Children (Article 12)Child’s right to property, restrictions on legal actions with respect to a child’s property
12. Law of Ukraine On Notarial System (Articles 87-91)Foreclosure based on a notary’s writ of execution
13. Law of Ukraine On Arbitration Tribunals No.1701-IV of May 11, 2004 (Article 6)Cases that are not within the jurisdiction of arbitration tribunals
14. Resolution of the National Bank of Ukraine Board of May 10, 2007, No.168 On Approval of Providing by Banks to Consumers Information on Credit Conditions and Total Cost of Loans, registered with the Ministry of Justice of Ukraine of May 25, 2007, No.541/13808Procedures for providing by banks to consumers with full, necessary, accessible, reliable, and timely information on the total cost of a consumer loan
15. Resolution of the National Bank of Ukraine Board of August 6, 2009, No.461 On Actions to Ensure Loan RepaymentsMemo for a borrower who is in arrears for a consumer loan and in a financial difficulty
16. Resolution of the National Bank of Ukraine Board of April 30, 2010, No.223 On Making Transactions Using Special Payment Means, registered with the Ministry of Justice of Ukraine July 6, 2010, No.474/17769General requirements of the National Bank for issuing special payment means (payment cards, mobile payment instrument, other payment instrument) by banks and branches of foreign banks, and procedures for making transactions using them
17. Letter of November 10, 2008, No.40-511/4640-15577 On Posting a Memo for an Individual BorrowerMemo for an individual borrower (consumer loan) that should be posted by each bank engaged in consumer lending transactions
18. Letter of the National Bank of Ukraine of March 3, 2010, No.25-312/519-3299 Guidance for Plastic Card Holders on Their UseGuidance for payment card customers on how to use payment cards to reduce potential risks in using ATMs, paying by cards for goods and services, including Internet purchases
19. Resolution of the Panel of Judges of the Judicial Chamber of the Supreme Court of Ukraine of June 2, 2010On ruling that it is illegal to raise interest rates under loan agreements and on rendering null and void the provisions in loan agreements that allow a bank to change the interest rate unilaterally
20. Decision of the Constitutional Court of Ukraine No.15-rp/2011 dated November 10, 2011 in the case upon the constitutional appeal of a citizen of Ukraine Stepanenko Andrii Mykolayovych concerning official interpretation of the provisions of Articles 1.22, 1.23, 11, 18.8, 22.3 of the Law of Ukraine "On the Protection of Consumers Rights" in connection with the provisions of Article 42.4 of the Constitution of Ukraine (case on the protection of consumers of credit rights)On effect of the Law of Ukraine "On the Protection of Consumer Rights" to be applied on the legal relations between the creditor and the borrower (the consumer) under the agreement on providing a consumer credit which arise both while concluding, and executing it

 
Financial Services Consumers' Rights Protection Draft Laws and Regulations

1. Draft Law of Ukraine On Consumer LendingDetermine general legal and institutional framework of consumer lending in Ukraine
2. Draft Law of Ukraine On Amending Some Laws of Ukraine Regarding the Establishment of the Financial Services Users Protection System in Ukraine’s Financial MarketsEstablish the state system of financial consumers rights protection and improve a number of basic provisions of the respective legislation to strengthen the protection of financial services consumer rights

 
International Standards

1. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC Covers consumer credit loans from EUR 200 to EUR 75 000 and regulates advertising, precontractual and contractual information, creditworthiness assessments, adequate explanations, and disclosure requirements




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