UkrDebt

Professional assistance in distressed assets recovery, bad debt collection and purchasing; legal service

 

WHAT THE EVASION OF PAYMENT OF DEBTS LEADS TO

Please, be advised that evasion of the repayment of debts may result in the following:

       
1. Taking the Debtor to the court on the basis of:
  • fraud;
  • obtaining credit by fraud;
  • deliberate evasion of repayment of credit debts.
This will increase the Debt due to expenses on performing legal actions payable to the recoverer (the Bank, as a rule).
The Debt will get even bigger.

Article 190 of the Criminal Code of Ukraine: Swindling
1. Swindling, that is, the stealing of other people's property or the acquisition of the right to other people's property by fraud or breach of trust, -
Shall be punishable by a fine in the amount of up to 50 non-taxable minimum wages, or by corrective labour for a term of up to two years, or by limitation of liberty for a term of up to three years.
2. Theft committed by a group of persons in a preliminary conspiracy or else with the infliction of considerable damage on a person, -
Shall be punishable by a fine in the amount of 50 to 100 non-taxable minimum wages, or by corrective labour for a term of one year to two years, or by limitation of liberty for a term of up to five years, or by deprivation of liberty for a term of up to three years.
4. Theft committed by an organized group or on a large scale, -
Shall be punishable by deprivation of liberty for a term of five to 10 years, with seizure of property.

Article 192. Infliction of Damage on Property by Deceit or Breach of Trust
1. Infliction of property damage on its owner or on any other property holder by deceit or breach of trust, in the absence of the elements of stealing, -
Shall be punishable by a fine in the amount of up to 50 non-taxable minimum wages, or by corrective labour for a term of up to two years, or by arrest for a term of up to six months.
2. The same deed committed by a group of persons in a preliminary conspiracy or on a large scale, -
Shall be punishable by a fine in the amount of 50 to 100 non-taxable minimum wages, or by limitation of liberty for a term of up to three years.

Article 222. Illegal Receipt of Credits
1. The receipt by an individual businessman or an organization owner or manager of <...> a credit or of favorable credit terms by means of knowingly submitting to <...> a bank or any other creditor false information, -
Shall be punishable by a fine in the amount of 500 to 1000 minimum wages, or by limitation of liberty for a term up to three years with depriviation of the right to hold specific positions or carry out specific activities for up to three years.
2. The same deed committed on a large scale,-
Shall be punishable by depriviation of liberty for a term of two to five years with depriviation of the right to hold specific positions or carry out specific activitiesfor up to three years.



    2. Imposing the ban to cross the border.

Article 6 of the Law of Ukraine On the Order of Leaving Ukraine and Entering Ukraine by the Citizens of Ukraine
A citizen of Ukraine is prohibited to leave the country in case there exist any unsettled obliagtions.

 
 
3. Filing a case against the Debtor in the court and sale of the collateral.

Compulsory execution measures may include:
- execution upon debtor's property;
- transfer the defendant's property belonging to the recoverer;
- compulsory ejectment of the debtor out of his accomodation;
- release of non-residential premises or storage facilities from the debtor and his property;
- other actions afforded by the law or administrative case.

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