October 7, 2010 the Trial Chamber on Civil Cases of the Supreme Court of Ukraine held a generalization of judicial practice to deal with civil cases arising from the credit relationship (2009-2010) (Excerpts) In particular, the analysis of claims statements indicates that when applying to a court the creditors are limited to the requirement to foreclose on the mortgaged property / collateral without the requirement to recover the amount of debt. At Settlement of Disputes in this category is the principal establishment of the court of a default or improper performance of the underlying obligation, only if a court and has the right to foreclose on the subject of mortgage / pledge. Under the provisions of Art. Art. 33, 35 of the Law of Ukraine "On mortgage", according to which in case of violation of the basic obligations and / or conditions of the mortgage contract mortgagee mortgagor directs, and debtor, if he is different person, a written request to rectify the violation not later than thirty days.
This document specifies a summary of broken commitments, and warnings about the translation subject of mortgage in the event of failure to do so. If within the time limit requirement is not satisfied mortgagee, mortgagee the right to begin foreclosure on the mortgage in accordance with this Law. Failure to comply with these rules is to prevent foreclosure on the mortgage, but does not preclude treatment with a claim against the debtor on the implementation of obligations secured by mortgage accordance with Part 2 of Art.