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Published: 24 May 2014
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http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=50795
After signing it by president and publishing - will enter into force.
In particular, the Law provides that self-employed persons (individuals - entrepreneurs , persons who are doing independent professional activity), which had no employees and was taken to military service mobilization, will be free from duty charges, payment and tax reporting about income of individuals and the simple tax .
The Law also provides during mobilization taking for free vehicles of individuals and legal entities without the introduction of the legal regime of martial law or state of emergency, which is contrary to the Constitution of Ukraine - part five of Article 41 of the Constitution of Ukraine, according to which the expropriation of private property may be applied only in exceptional cases for reasons of social necessity on the basis and in the manner prescribed by law, and only in the case of prior and full recovery of value of such priperty. Taking such objects with subsequent complete compensation of their value is permitted only under the conditions of war or emergency case, but not during simply mobilization period.
Interesting also the following changes according to which military personnel and reservists of military service from the beginning till the end of the period of mobilization will be not accrued with fines, penalties for failure their finance obligations to enterprises, including banks , individuals , and interest on credit will not be awarded during all period of mobilization. Such changes also does not conform to the civil and financial legislation.
Thus, in accordance with Article 4 of the Law of Ukraine "About Financial Services and State Regulation of Financial Markets " - credit is considered like a financial service . While financial services in accordance with the provisions of this Act are provided by business entities under the contract (Article 6).
In Civil Code of Ukraine is determined that the debtor is not discharged from liability for failure to perform their monetary obligation (Article 625).
Also such intervention of the state in the contractual relations may lead to deterioration of the situation. According to Article 652 of Civil Code in the event of a substantial change of circumstances the contract may be modified or terminated by agreement of parties, unless otherwise agreed or follows from the nature of the obligation. In practice, a situation may arise in which the relevant military, reservists and military service will be forced to return at once entire amount of the loan (credit) which they have received.
