The Second Senate Proceeded to the In-Camera Part of the Plenary Session in the Case upon the Constitutional Complaint of the Joint Stock Company “The State Savings Bank of Ukraine”
10.03.2021
On March 10, the Second Senate of the Constitutional Court of Ukraine at the public part of the plenary session in the form of the written proceedings considered the case upon the constitutional complaint of the Joint Stock Company “The State Savings Bank of Ukraine” regarding the constitutionality of the rule of the first sentence of Article 1050.1 of the Civil Code of Ukraine according to which “if the borrower failed to timely return the sum of the loan he shall be obliged to pay the monetary sum pursuant to Article 625 of this Code”.
During the plenary session, the Chair Serhiy Holovaty who is the Judge-Rapporteur in the case outlined the content of the constitutional complaint and the grounds for initiating the constitutional proceedings in the case.
It was noted that the Joint Stock Company “The State Savings Bank of Ukraine” (hereinafter – Petitioner/Bank) both at the moment of concluding a credit agreement, as well as during its implementation had had legitimate expectations to obtain interests for the use of credit costs before the day of the repayment of the credit.
The petitioner argues that the application in the final court decision in his case of the disputed norm of the Civil Code of Ukraine had limited the Bank’s right to obtain the allocated interests for the use of the loan by the moment of the occurrence of the term of the return of the loan and not by the entering the funds which were borrowed to the creditor’s bank account, which led to the illegal deprivation of the petitioner of the right of property, and to limitation of his right to entrepreneurial activity which is not prohibited by law.
The Judge-Rapporteur informed that in order to ensure comprehensive and objective consideration of the case inquiries had been forwarded to a number of bodies of state power, academic institutions, higher educational establishments for their opinion on the issues raised in the constitutional complaint (in particular, the National University of Kyiv Mohyla Academy, Donetsk National University named after Vasyl Stus, Ivan Franko National University of Lviv, Odesa National University named after I.I. Mechnykov, Uzhgorod National University, Institute of State and Law named after V.M.Korestsky, National Academy of Sciences of Ukraine, National University ‘Odesa Law Academy”, Taras Shevchenko National University of Kyiv, Chernivtsi National University named after Yurii Fedkovych. The inquiries were also sent to the members of the Research and Consultative Council of the Constitutional Court of Ukraine to provide an academic opinion on the issues raised in the constitutional complaint.
The plenary session was attended by the representatives authorised by the subject of the right to constitutional complaint – lawyers Serhii Karpinskyi, Vitalii Kuriata, Arsen Miliutin, Pavlo Ponomarenko, Artem Sakovets.
Upon the examination of the case at the public part of the plenary session, the Court proceeded to the in-camera part for a decision.
The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine at the following link: 2021 | Constitutional Court of Ukraine (ccu.gov.ua).
