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The
SALRU in letter No. 11784/17/11-11 has specified the documents to be considered
as land title documents of a mortgagee.
These are: agreement on satisfying mortgagee’s demands certified by a notary,
and mortgagor’s certificate of title to land with a mark of a notary certified this
agreement and mark of the local territorial department of land recourses on the
title transfer enclosed. According to Order of the Cabinet of Ministers of
Ukraine dated 09 September 2009 No. 1021 territorial departments of land
recourses fulfill the functions of registration of land titles.
The
President of Ukraine has signed the Law "On Amendments to Certain
Legislative Acts of Ukraine Regarding the Settlement of relations between
Creditors and Consumers of Financial Services" No. 3795-VI (“Law”).
The Law provides the right of the creditor (bank) to make independent decisions
on enforced collection of the mortgaged property by out-of-court settlement of
dispute. Such decision can be a basis of eviction of persons living in mortgaged
property.
The Law also prohibits granting (obtaining) consumer credits in foreign
currency.
According to the Law credit rate under the agreement can be both fixed and
variable. With variable rate a creditor has the right to increase and to reduce
the interest rate, but the maximum interest rate should be indicated in the
agreement.
In letter
No. 31-08310-06-29/16281 the MFU elaborated on conditions under which an
individual should be considered a resident and non-resident. In particular, it
is mentioned about the residence of individual in case the individual has
permanent residence card. The MFU believes that pursuant to the Law "On
Immigration" the permanent residence permit in Ukraine is only a
permission for permanent residing in Ukraine and it does not confirm the fact
of residence of a foreigner in Ukraine, so it cannot be a document affirming
the taxpayer’s resident status in Ukraine.
Also, the Tax Code does not contain rules on the foreigners’ obligation to obtain the tax authorities the documents affirming their resident status in Ukraine rendering In accordance with clauses 170.10.1 of the TC, taxation of income received by non-residents from sources originating from Ukraine, shall be effected under rules and taxed at the rates established for residents.
