03/19/2021 The Verkhovna Rada of Ukraine adopted the Law on Combating Collectors (No. 4241).

Pursuant to the Law, a collection company is defined as a legal entity (including a financial institution) that, in the interests of a creditor and/or a new creditor, in accordance with an agreement with such a creditor and/or a new creditor, settles overdue debts and is included in the Register of Collection Companies, which will be conducted by the National Bank of Ukraine.

The law establishes requirements for creditors, including debt collection companies, when settling overdue debts, namely:

• comply with requirements for ethical behavior and rules of interaction with the debtor;

• to inform the debtor about the involvement of the collection company in the settlement of the overdue debt and/or assignment of the claim to the new creditor;

• conclude contracts only with legal entities included in the Register of collection companies;

• notify the National Bank of Ukraine about concluding an agreement with the collection company (within the terms and procedure determined by the National Bank of Ukraine);

• monitor the actions of the involved collection companies and provide recommendations for the elimination of violations;

• the obligation to terminate the contract with the collection company unilaterally in case of its exclusion from the Register of collection companies or in case of violation by it of the requirements for ethical behavior (2 or more times per year).

The law also establishes requirements for interaction with the consumer (his representative) during the settlement of overdue debt (requirements for ethical behavior), which can take place by:

• direct interaction (personal or telephone negotiations);

• sending messages (text, voice and other messages, including without the involvement of employees through the use of software);

• sending postal items (at the place of residence or at the place of work).

Now, collectors cannot threaten, blackmail, for example by leaving the group, mislead about interest and penalties, call the borrower or his relatives, neighbors or colleagues.

It is strictly prohibited to report debt to relatives of MFI clients.

The collector is obliged to introduce himself, to inform the name of the company and the amount of the debt, broken down by interest, the body of the loan and penalties. And at the consumer's request, he must provide supporting documents within 7 days.

The bank is obliged to inform the borrower with which collection companies it works.

If collectors violate the Law, the following liability arises: a fine (51,000 - 102,000 UAH), exclusion from the register, criminal liability, loss of the right to engage in the collection business.

Moral damage caused by wrongful actions or inaction is compensated by the person who caused it, in the presence of his fault. Regardless of fault, damages are compensated in the cases provided for in Part 2 of Article 1176 of the Civil Code of Ukraine.

Non-pecuniary damage is compensated by filing an appropriate lawsuit in court.

The second part of paragraph 5 of the resolution of the Plenum of the Supreme Court of Ukraine dated March 31, 1995 No. 4 determined that, in accordance with the general grounds of civil liability, the following are subject to mandatory investigation when resolving a dispute about compensation for moral (non-property) damage:

1. presence of such damage;

2. illegality of the act of its perpetrator;

3. presence of a causal connection between the damage and the perpetrator's illegal act;

4. the fault of the latter in causing it.

The Constitutional Court of Ukraine considered confidential information about a natural person to include information about his property status and other personal data (decision of the Constitutional Court of Ukraine dated October 30, 1997 No. 5-zp). Therefore, the information that an individual provides to the bank is confidential. Confidential information may be distributed with the consent of the relevant person in the manner determined by it, in accordance with the conditions stipulated by it, as well as in other cases determined by law (Part 2, Article 21 of the Law of Ukraine "On Information").

The collection by collectors of information about a natural person without his consent is illegal. In case of violation of his rights, such an individual may file a complaint against illegal actions related to the collection, storage and processing of his personal data to a specially authorized body or to a court.

Regarding criminal liability, usually the actions of representatives of collection companies go beyond the legal field, and contain signs of the composition of crimes provided for by the Criminal Code of Ukraine, namely: art. 182 of the Criminal Code of Ukraine – "Violation of privacy"; ** Art. 189 of the Criminal Code of Ukraine – "Extortion"; ** Art. 355 of the Criminal Code of Ukraine - "Compulsion to perform or not perform civil legal obligations", etc.

If you have suffered from such actions by collectors, you need to file a criminal complaint with the police.

NAZK identifies persons involved in the war and publishes their profiles on the "War and Sanctions" portal - https://sanctions.nazk.gov.ua/sanction-person/

Also, data of the NAKC on the imposition of sanctions on individuals and companies that have decided to cooperate with the aggressor state are available on the YouControl online service (https://youcontrol.com.ua/our_possibility/sanctions/). - This was reported in the press service of the NAKC.

Article 335 of the Customs Code of Ukraine provides a list of documents required for cargo movement. These documents can be submitted both electronically and in paper form.

The main list of documents that the exporter must provide includes the following items:

1. export customs declaration;

2. declaration of customs value or calculation of the value of goods;

3. confirmation of ownership of goods:

4. agreement, supply contract, foreign economic contract, other commercial documentation (invoice, invoice, agreement protocol for the value of goods);

5. documents for cargo transportation, waybills, transfer information, CMR form for motor vehicles;

6. supply specification;

7. product description; Specifications;

8. information about the carrier, contract for transportation, data of the driver and escort;

9. current data on the receiving party.

The additional list of documents provided by the exporter depends on the nature and value of the cargo, terms of delivery and availability of benefits. This list may include the following items:

• Confirmation of the country of origin of the goods.

• Essential characteristics of the cargo, such as passports, certificates, licenses, drawings, design and engineering documentation, confirmation of the class and group of goods.

• Safety certificates and results of veterinary and phytosanitary control, as well as confirmation of compliance with current restrictions.

• Mandatory export certificates.

• Price calculations for manufacturers, including calculation of production costs and confirmation of transport costs for delivery of goods.

• TIR Carnet, if necessary.

There are international agreements between the Government of Ukraine and the Governments of other foreign countries aimed at avoiding double taxation.

In order to apply international treaties of Ukraine on the avoidance of double taxation of natural persons of Ukraine, citizens who receive income outside of Ukraine must confirm their tax residency status in Ukraine.

To obtain the right to credit taxes and fees that were paid outside of Ukraine, the payer must obtain an appropriate certificate from the state body of the country where such income (profit) was received, and which has the authority to collect such tax. The certificate must contain information about the amount of tax and fee paid, as well as about its basis and/or object of taxation.

This certificate must be legalized by the consular institution of Ukraine in the relevant country, unless otherwise stipulated by international treaties of Ukraine.

Please let me know in more detail how it happened that you paid for the car before its registration? Did you purchase it "by proxy"? If YES, then it is not considered a purchase of TK and the transfer of ownership does not occur.

From the information provided by you, it can be seen that the owner of the car deceived you and if there is no confirmation of the fact of transfer of money, it will be impossible to return it.

Regarding your question about the possibility of registering a car for another person if there is an encumbrance, THIS IS NOT POSSIBLE, since one of the reasons for refusing to register a vehicle is the presence of an encumbrance on the vehicle.

One of the possible options is to confirm your authority to use the vehicle.

In order to confirm your authority to use the vehicle, the owner of the vehicle must make and mail you an extract from the Unified State Register of Vehicles and a power of attorney to drive the vehicle.

NO, this is not within the competence of the criminal enforcement service

The State Criminal Enforcement Service of Ukraine is a law enforcement body entrusted with the task of implementing state policy in the field of execution of criminal punishments.

Seizure of your real estate, in connection with the existing arrears for the payment of a microcredit, in accordance with clause 6, part 3, article 18 of the Law of Ukraine "On Enforcement Proceedings", had the right to impose a state (or private) executor.

In order for the seizure of real estate to be removed, it is necessary to pay the existing debt (according to the executive document) to the enforcement service.

"Documentation" of the fact that the party received funds and undertakes to return them is possible by drawing up a Receipt.

In the receipt, everything must be documented in detail, namely: the place of drawing up of the Receipt, the names of the parties (indicating passport data, addresses), the circumstances of the accident, the amount of money transferred, the exact period for the return of funds. Also, it is necessary that the Receipt be certified by at least several witnesses (indicating passport data, address).

Depending on the damage, the cost of repair may vary, however, since the "Europrotocol" was drawn up, the maximum amount that can be paid by the insurance company is 80,000 hryvnias. (in accordance with the Resolution of the Board of the National Bank of Ukraine dated May 30, 2022 No. 108)