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24 July 2018, 12:08

New law on lending resumption will improve accessibility of banking products for business entities and individuals in Ukraine

Oleksiy Didkovskiy
Oleksiy Didkovskiy Asters' managing partner

The Law of Ukraine "On Amendments to Certain Legal Acts of Ukraine on Resumption of Lending" No. 6027-д (the Law No. 6027-д) adopted by the Verkhovna Rada of Ukraine on 3 July 2018 aligns the existing controversial legal issues concerning the rights of borrowers and creditors, introduces the transparent legal mechanisms that improve existing regulations and will materially allow to regain investors' confidence and resume lending.

This Law is a long-awaited step on the way to cooperation between the borrowers and the creditors, since this Law virtually precludes the existing manipulation with the defective legal provisions by the negligent borrowers, and the issuing of court rulings with conflicting legal positions.

The Law 6027-d is helpful for both creditors and borrowers, given that the legislative environment for the creditors' rights in our country is currently at an extremely low level, which also affects the lending cost increase and significantly limits the access to the credit resources for borrowers.

Due to the shareholders' support, the banks again meet liquidity requirements, but there is no active lending, and the NPL proportion is still a burden for the entire banking system. It should be recalled that, according to Doing Business 2018, the cost of contract enforcement in Ukraine is 46.3% of the value of the contract itself, Ukraine ranks 149th in terms of the resolving insolvency level.

All this stipulates the need for the earliest entry into force of the Law 6027-д and emphasizes the positive effect of its implementation regarding the lending resumption.

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