The Legal Aspects of the Procedure of Making Credit Contracts in the Consumer Lending by Banks

Abstract

Problem setting. Nowadays in Ukraine, taking into account the unstable situation, demand for credits constantly increases. For some time past the expansion has acquired the concession of consumer credit under wage without defining the aims of gaining these assets. Nevertheless, the advantages of this way of credit concession are quickness of drawing them up and absence of adpromissor or deposit. Analysis of recent researches and publacations. The issue of regulation of concession of consumer credits for banks has been observed in particular by S. V. Glibko and V. P. Yanishen. The problem of bank lending economic aspects has been studied by T. Ya. Prodan and G. Yu. Shemshuchenko. The issue concerning the peculiarities of loan agreement has been examined by O. O. Naumov and V. Gorbatyuk. However, the question of legal regulation of terms, which go before the conclusion of a treaty and determination of debtor solvency in modern legal terms need additional research and improvement. Paper objective of this article is determination of the main legal issues of precontractual terms through the analysis of typical loan agreements of the top Ukrainian banks and analysis of the debtor solvency valuation order and keeping the legislation demand. Target of research. Consumer credit is such assets that are given by accommodation party to a physical person for acquirement of the consumer goods or services in terminal usage, under percent, subject to condition of maturities and serviceability. As a rule, it is given for the acquirement of the goods of long usage, for consumer aims, study and treatment. Nowadays it isn’t definitely determined in the legislation, which terms a bank can put forward for a client before the conclusion of the consumer credit. They are usually established individually. According to precontractual terms of the credit concession for banks, we can conclude, that some banks simplified the procedure of getting credit for physical persons, giving costs only through the producing of taxpayer passport and identification code. Estimating the client solvency in a wrong way, a bank endangers itself and makes problems for debtor. Conclusions of research. First of all, express-crediting and scoring aren’t sufficient from the point of view of determining the credit agreements legislation terms and question the keeping of demands of the National Bank of Ukraine enactments, including the decree of the National Bank of Ukraine government «On Approval of the Procedure of formation and use of reserves banks Ukraine for possible losses on active banking operations» from 25.01.2012 No 23. Secondly, in our opinion, a minimum set of requirements for the borrower’s income for his creditworthiness must be provided by law, and the principles and conditions for determining the creditworthiness must be fixed by the NBU.