PROBLEMS OF LEGAL REGULATION OF NON-INTEREST PAYMENTS IN CREDIT RELATIONS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
In the article the author considers the problems of legal regulation of non-interest payments in credit relations. These problems include the use of commissions and compensation in lending relationships, including the use of so-called «hidden commissions» by lenders. On the basis of the author’s analysis of current legislation, practice of using non-interest payments in credit relations by lenders, the author proposed to introduce changes to the current legislation of Ukraine. In particular, the author proposes to establish in the Civil Code of Ukraine the rules according to which the establishment in a loan agreement of the borrower’s obligation to pay any payments to the creditor (commissions, other non-interest rewards, compensation) that are different from interest on the loan is not allowed. Other may be prescribed by law. The above limitation does not apply to the remuneration for providing the borrower with related services related to the provision of a loan to the borrower, as well as commissions and indemnities established on loans provided by the lender through lending to the borrower’s account. The author also proposes to recognize the nullity of the terms of the agreements entered into between the lender and the person providing the related or additional services to the borrower and included in the list of the creditor (if any) as to the distribution between such person and the lender in any form of cash remuneration received by such person from the borrower and so on.
Authors and Affiliations
А. Ю. Бабаскін
Keywords
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