December 4, 2008 abolished the Board of the National Bank of Ukraine from 11.10.2008 319 "On additional measures for the banks." Item 3 of the National Bank of Ukraine 413 from 04.12.2008 years, recommends that banks revise downward the interest rates on loans in foreign currency, given the quality of state services for the borrowers debt principal and interest / fees for them, and well as profitability of the bank, to reduce the risk of default by borrowers of their obligations under these loans. Firstly, in this part of the decision is a recommendation. Secondly, concerns only loans issued in foreign currency. The question of "hryvnia credits left unattended. Considering the previous experience of banks in terms of "respect for the rights of their clients' confidence that they will agree on the proposal of the National Bank of Ukraine, is minimal. In view of the jurists believe that the point in this matter should put the Rada of Ukraine. As of today, has already filed draft Law on Amendments to Certain Legislative Acts Ukraine (regarding the prohibition against banks to change the terms of the contract of bank deposit and loan agreement unilaterally). But even in the event of such a law would remain the problem of the law in time. Recall that according to Art. 58 of the Constitution of Ukraine, laws and other normative legal acts have no retroactive force, except in cases where they mitigate or annul the responsibility of the person.
Ivan Castaneda Luis Jimenez
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