He did not pay - deprived the dwellings. All about debts and whether to pay during the war

From the beginning of the full -scale invasion of the lives of Ukrainians, it has changed radically, and for many people there was a need to change their place of residence, citizens were forced to leave their homes, change their place of work, and someone was left without work and livelihood. But does Ukrainians release the status of martial law from their duties to repay their debt? The focus asked the lawyers. According to Art.

7 of the Law "On Housing and Communal Services", consumers are obliged to pay for the utility at the tariffs established by law and within the deadline under the relevant contracts. And this requirement also applies during the war, because as early as 2023, the moratorium on debt for utilities, which was valid at the beginning of a full -scale invasion for all consumers, was canceled. However, according to CMU Resolution No.

260 "Some issues of payment for housing and communal services during the martial law", not all citizens of Ukraine concerns. Namely, the debts for the communal is forbidden from consumers whose housing is left in the territory where hostilities are conducted or were conducted. Such consumers must provide the UKPU provider with IDP certificate or other document confirming the absence of a place of residence.

In 2023, the moratorium on debt for utilities, which was valid at the beginning of a full-scale invasion for all consumers, was abolished by all other citizens, even in the conditions of martial law, are obliged to pay housing and communal services on a general basis.

At the same time, as the lawyer, the manager of the company "Reliable Legal Partner" Anna Kukarchuk, noted the focus, some rules of laws, however, protect the citizens: if they are not released from the obligation to pay, they are released from the consequences for non -payment. "In our country, Law No. 2120-IX, which was supplemented by the Final and Transitional Provisions of the Civil Code of Ukraine.

(borrower), the borrower is exempted from the liability specified in Article 625 of this Code, as well as the obligation to pay in favor of the lender (lender) of the penalty (fine, penalties) for such delay. Delayed execution under such contracts is subject to writing off by the lender, " - the lawyer points out.

While the legal status of martial law, penalties, namely inflation index, three percent percent or other interest, which is established by the contract, as responsibility for delayed, are not accrued, but are subject to writing down if the financial institution, bank or other creditor has made such accrual, that is, the inspection, that is, the restaexes, which is undergoing The percentages of the annual or other interest amount set by the contract as a liability for delay are not accrued, but are subject to writing off if the financial institution, bank or other creditor has made such accrual.

Based on her own professional experience, Anna Kukarchuk notes that the creditor, in particular the bank, can apply for a debt overdue, but to include penalties in the debt charged, in which case the court will not be able to write off such penalties. The focus wondered if the residents would lose the right to stay in the apartment, for which, say, pay a mortgage.

Having given a number of legislative norms and articles, the lawyer explained that the eviction of people from housing for debt, which are directly related to the receipt of consumer credit, if such a loan is provided with real estate, does not occur during martial law. "The debtors who took a loan for the purchase of housing, in the case of debt on such a loan, are not evicted from such housing . . . But, as always there are many" but "Ukrainian legislation," - notes the expert.

The prohibition of eviction from housing applies and related to those loans that were concluded before the Law of Ukraine "On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine on the period of norms for the period of martial law" No. 2120-IX of March 15, 2022. Amendments were made with the consent of the parties to the deadlines for such a loan agreement, the provisions of Articles 37, 38, 40 of the Law on Mortgage - and the consequences of such articles are applied.

"In addition, there are situations in the eviction of non -lending citizens, which are mostly legal relations governed by the Housing Code of Ukraine, such as the unauthorized occupation she. In the event of a consumer's violation of the duty for payment of utilities, the supplier may collect debt in a compulsory manner, says Olga Bus, lawyer of Evrikalaw AO. The debt is not paid for the accrual and recovery of penalties (fines, penalties), inflationary charges and percentages of annual.

As a rule, with the existing debt, the supplier, above all, informs the consumer about the need to repay the debt. For the late payment of debt, the accrual and recovery of penalties (fines, penalties), inflationary charges and interest we note that at this stage it is possible to negotiate and conclude a contract of restructuring with the utility supplier.

"If the consumer ignores the supplier's notification and does not pay the debt, then the supplier may go to court for the purpose of compulsory collection of debt. In the future, on the basis of the court the court will open the enforcement proceedings, within which the debt for payment of utilities will be compulsory. Therefore, the debtor's bank accounts can seize, block payment cards and recover it for earnings.

If the account does not have the required amount to pay the debt, the penalty can also be made at the expense of the residents of the residents. "In this case, if the amount of debt is commensurate with the cost of housing, then the debt can be repaid at the expense of this housing. Therefore, indeed not paying debt for the utility for a very long time can be the result of even the loss of this housing and further eviction," the lawyer says.