Penalties were charged during martial law, what to do

The introduction of martial law on the territory of Ukraine forced a change in the usual way of life of Ukrainians. Until recently, people could get loans for various needs with confidence in stability. Now, with job loss, relocation due to hostilities and military service, people have lost the ability to meet their credit obligations. Therefore, there was a need for a quick resolution of issues related to credit debt of the population in wartime conditions.

Changes during martial law

Banks have the right to demand the return of money and can use this right, even through court and seizure of accounts. You should not ignore the bank's message, but first, you should carefully read the information they send, review the terms of the credit agreement and the account statement to find out what money is subject to return.

IMPORTANT TO REMEMBER! The Civil Code of Ukraine defines a person who has taken a credit or loan from a bank or other creditor and does not fulfill his financial obligations on time. In this case, if such a person is late in making a payment, he may be released from liability to the creditor, and the latter may not charge fines or penalties for the delay that occurred after February 24, 2022 and during the period of martial law, state of emergency and within thirty days of its termination or cancellation, however, please note that interest still accrues.

If it so happened that the bank added a penalty (fine or penalty) to the amount of the debt after February 24, 2022, then you need to contact the bank and demand that these penalties be written off. There is no need to rely on automatic write-off.

What to do when the penalty is still accrued?

If you have been charged a penalty during martial law, you can apply to the relevant body that charged it with a request to write off the penalty. For this, you need to provide evidence that you could not fulfill your obligation on time for objective reasons related to martial law.

Such evidence may include:

• Documents confirming that you were in a war zone or in an area where restrictions related to martial law were imposed;
• Documents confirming that you were unable to fulfill your obligations due to property damage, loss of documents, etc.;
• Documents proving that you have done everything possible to fulfill your obligation on time.

If your evidence is found to be reasonable, then the body that charged the fine must write it off.

In the event that a credit institution grossly violates the current legislation, which is in effect during martial law, a person has the opportunity to restore his rights through the court process.

In order to take into account all important aspects and details and to reach a positive decision for you, lawyers from the company "Prykhodko and Partners" are always ready to help you. Here you will find qualified specialists who will help you to be calm in such a situation.