The mechanism of extrajudicial collecting property which acts as a pledge subject, can be applied only to the mortgage contracts signed after January 14, 2009 and only after introduction of necessary changes in a row of laws.
The press is told about it - the secretary prime minister Marina Soroka which the ministry calls "legally incompetent and inappropriate" in an explanation of the Ministry of Justice in response to the statement.
The Ministry of Justice reminds that the explanation for citizens that compulsory collecting property which acts as a pledge or mortgage subject, is possible only on the basis of a judgment was given out on December 23, 2008.
Nevertheless, on December 25, 2008 the Verkhovna Rada accepted changes in the law "About a Mortgage" which provisions defined the mechanism of the extrajudicial address of collecting regarding a mortgage on the basis of the contract, it is noted in the message.
The specified changes were made by adoption of law "About prevention of influence of world financial crisis on development of construction branch and housing construction", specify in the ministry.
After coming into effect of the specified law on January 14, 2009, the Ministry of Justice was compelled to withdraw the explanation, "as from now on it contradicted new standards of the legislation".
Due to the numerous inquiries on February 18, 2009 the Ministry gave the additional report: "New norms can be applied only to the mortgage contracts signed after January 14, 2009".
"Besides, for practical use of the new mechanism of the extrajudicial address of collecting regarding a mortgage it is necessary to make changes to the laws "About a Mortgage", "About a Notariate", "About the State Registration of the Ware Rights for Real Estate and Their Restrictions".
It is known that on Thursday evening a press - Tymoshenko's secretary declared that "the government considers incorrect the statement of Ministry of Justice that banks have the right without judgment to withdraw property of citizens which is in pledge in banks if they can't pay off according to credit obligations".
Earlier the Ministry of Justice reported that banks have the full right to withdraw mortgage apartments from clients at non-performance of conditions of the mortgage contract.