Zahistimo ñâîº right to äîñòðîêîâå ïîâåðíåííÿ deposit!
National Bank of Ukraine to the Decree number 319 of 11 October 2008 (decidedovlenie) forbade prepayment contracts on deposits. These actions of the NBU is trying to hold a lot of money within the banking system. It should be noted that such an action holds the National Bank is the second time, the first case occurred on the effects of «Orange Revolution & raquo;. Then too, the existence of the banking system was threatened.
A logical question, does not violate citizens' rights specified Ordinance as consumers of banking services? Is there such a ruling?
Attemptaemsya to answer these questions.
Thus, these relations are governed primarily art. 1060 Civil Code of Ukraine. The text of the rule pointed out that under the contract of bank deposit, regardless of its type of bank is obliged to issue a contribution or partThere depositor on demand, except for deposits made by legal entities on the other conditions of return set by the contract. Room of the contract stated that the condition of denial of the right to receive input on the first requirement is void.
& nbsp; And so, apparently, the National Bank Ordinance completely contrary to the Civil Code (CC). Article 4 of the CC found that the main atom of the civil legislation of Ukraine is the Civil Code of Ukraine. On the basis of this rule, and applying the hierarchy of legal instruments, it can be concluded that it should apply the rules st.1060 CC.
On the criticisms of some representatives of the National Bank, that the Ordinance is not an act of civil laws governing the administration of NBU relationship with commercial banks,should lead the first article of the Civil Code, which can be seen from the text of what acts constitute civil law. Thus, the civil law are governed by moral and property relations, based on legal equality, free expression of will, theyuschestvennoy autonomy of the participants. These relationships include the relationship between the bank and the customer at the bank who tried to settle the decree.
The inevitable conclusion is that the Decision of the National Bank of Ukraine ¹ 319 flagrantly violates the lawcitizens (the depositors of commercial banks) as consumers of banking services and is contrary to the requirements of the Civil Code, and therefore not subject to the application.
Such acts of National Bank does not add to it the authority as a regulator of banking relationships.In this way, it turned out, only amplified the panic among consumers and further weakened the banking system of Ukraine.
Concerning the validity of the Ordinance, it is important to have and the fact that it is not registered with the Ministry of Justice of Ukraine.Law on National Bank of Ukraine, namely, Article 56 established the compulsory registration of normative legal acts of the NBU in the Ministry of Justice. Thus, the Ordinance, only a sheet of paper.
Then what is the purpose of such an order?
Afterthe signing of the Ordinance has been disclosed by various media, but not official publications. Most people believe that the spread in the media, because there is no picture of the order of entry into force of regulations. Commercial banks, referring to the decideddelivery stop prematurely repay deposits to customers and get a chance to avoid bankruptcy. MoJ view does not register the Ordinance, and this in the media any information. It is illegal order does not come into effect and the NBU «washes hands».
& nbsp; extremes in such a scheme will remain the commercial banks, which have used an illegal decision and violated the constitutional rights of citizens-depositors. But the losses would be minimal, since few of our compatriots idea of deception, and even less appeal to the court for the protection of theirrights.
All would be well if the consumers of banking services, the rights have been violated, do not bear the moral and material damages. These losses may have a loss from variations in rate of the national currency to foreign currencies, not receivedygody, and ending with a negative impact on health. This may be as lost business and are not medical operations, the need for which arose suddenly.
In this case, to enforce their rights in court, rely on commercial bankbyazannost recover all losses.