existing legal mechanisms to resolve problem debts were not applicable and therefore requires urgent development and adoption of a specific law in this area as a compromise the interests of creditors, debtors and the state through the reallocation of risk, says lawyer lawyers' association Kozyakov Volkov & Partners Lesya Kovtun.
Because of the lack of a unified registry of credit histories, which were brought to the attention of unscrupulous debtors from evading the execution of bond, in particular through the bankruptcy it will still be practiced in Ukraine, - she said the agency Interfax-Ukraine .
This is one of the options to resolve the debt problem is to recognize the fictitious nature of personal bankruptcies, debtors, said L. Kovtun.
In this case, she said, to establish a fictitious bankruptcy, you must have the main fact - a personal written official statement of the borrower to the court for its failure, which should have the effect of the court's determination to initiate bankruptcy proceedings.
However, if the court is drawn to the lender with a statement of recognition of the borrower's bankruptcy, the grounds for qualification fictitious bankruptcy absent, despite the fact that, in practice it is often used in such a scheme, - noted the AL Kovtun.
As she explained, according to the methodical recommendations of the State Tax Administration (Tax Administration) with respect to identifying and solving crimes, bankruptcy can not be characterized as false, if the economic court officials seek recognition of physical persons on the creditors, the entrepreneur bankrupt because this case, evidence of physical persons of the insolvency of the debtor gives the creditor side, and not the borrower.
According to Art. 218 of the Criminal Code of Ukraine, the excitation of bankruptcy cases (fictitious) attributed to the power of the tax police.
In addition, counsel commented on providing individuals with access to credit notional statement of earnings, which at first glance is a valid reason for recent fraud charges.
However, citing as proof of fraud in obtaining credit physical persons providing the latest information on a fictitious income, lenders should keep in mind: to practice under such circumstances, criminal liability is not involved in the borrower, and subject to administrative responsibility of officials of the company having issued such a statement - L. Kovtun said.
In turn, according to a lawyer, the charges of negligence in the issuance of bank loans may also be ineffective because the loan agreements of many financial institutions contain a clause stating that the responsibility for the accuracy of the information is transmitted to the borrower. In addition, domestic bank card technology exhaustively stipulate the procedure for granting the loan, the lawyer said.
in the understanding of the Criminal Code, rather, we can speak of economic mismanagement by banks at risk of mass distribution of consumer loans than on the negligence of their officers - summarized L. Kovtun.
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