Servicemen who go to the Armed Forces of Ukraine by call up or under a contract do not lose their accounts payable to banks. A lawyer of IRC “Legal Space” Serhii Plakhotniuk explained what to do to prevent receiving by soldiers’ families of claims of a financial institution and, in particular, threats concerning interest and fines.
Lyudmyla Kovalenko*, the mother of an active serviceman under contract, addressed the Office of the Kherson Office of the Network of Legal Development. She said her son had got a loan from Raiffeisen Bank Aval. But he cannot fulfill his obligations in time because he is in the ATO zone.
Now the mother receives letters from the bank with the requirement to repay the loan. In addition, the institution reports that interest continues to accrue on the loan and fines are imposed.
The lawyer of the IRC "Legal Space" Serhii Plakhotniuk advised the mother of serviceman, having explained that at the time of his military service the bank has no right to charge interest and penalties for the loan.
"According to clause 15 of Art. 14 of the Law of Ukraine "On the social and legal protection of servicemen and their family members", there are no fines for non-fulfillment of obligations and no accruals to enterprises, institutions and organizations of all forms of ownership, including banks, and individuals, as well as interest for using a loan for servicemen from the beginning and until the end of a special period, and to the reservists and those in charge of the military - from the moment of the call for mobilization and until the end of a special period".
He therefore recommended Lyudmyla to apply to the bank branch with a letter of payment suspension and provide confirmatory documents to the institution:
- a copy of the military ticket or certificate from the military unit,
- a mobilization order or a copy of the contract.
The lawyer recommends all servicemen with unfulfilled credit obligations to inform banks in advance: immediately after mobilizing or signing a contract, to notify the directorate of the relevant bank in writing about it. Then soldiers’ families will avoid such unpleasant situations.
*The name is changed for ethical reasons.
The consultation was provided within the framework of the project "Legal Empowerment of ATO Participants".
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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