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Jan 03

National Bank Ukraine

One of the essential conditions of the loan agreement, which must be clearly discharged in the contract, and that the court should pay attention to is the payment of interest on the amount of money received on credit. Interest paid by the borrower for the loan, by its nature is the contractual payment for the use of funds, not the penalty, which is not only a way to enforce the obligations, as well as a form of civil liability. At no ban use of foreign currency as a means of payment, subject to the requirements of currency legislation, it can not be grounds for annulment, and a concluding agreement, the party finds the conditions under which it is, so on their own at the time of receipt of funds determines the rules for a future behavior, which then have no reason to change at the request of either party. In addition, section 3.8 of the Rules of providing information to the user by the Ukrainian banks on credit terms and the total cost of credit, approved by the Board of National Bank Ukraine on May 10, 2007 168, provides that in case of a loan in foreign exchange banks are required under the loan agreement to warn consumers that the currency risk in fulfilling obligations to this contract is a consumer. On the clarification of borrower information on possible foreign exchange risks before entering into the agreement referred to in Art. 11 of the Law of Ukraine "On Protection of Consumers' Rights.