Protected category of clients
Procedure for interacting with clients who fall under the protected category of persons in the settlement of overdue debt
In accordance with the requirements of the Law of Ukraine “On Amending Certain Laws of Ukraine on Settling Overdue Debts During the Period of Martial Law in Ukraine” No. 2459-IX dated 27 July 2022 (hereinafter referred to as the Law), for the duration of martial law and within 90 days from the date of its termination or cancellation, the creditor, new creditor, debt collection company, individuals and legal entities engaged on a contractual basis by the creditor, new creditor, debt collection company in direct interaction with the consumer, their closely related persons, representative, heir, surety or property surety, and/or third parties, interaction with whom is provided for by the consumer credit agreement and who have given their consent to such interaction, shall additionally comply with the following ethical requirements, in particular, not to interact on their own initiative:
— with a client who has disclosed their protected category status in the manner provided for in this clause, or whose protected category status was disclosed in the manner provided for in this clause by closely related persons of such a client, their representatives, heirs, sureties, property sureties or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction.
— with closely related persons of a client with protected category status, their representative, other than a representative who is not a closely related person of such a client, third parties with whom interaction is provided for by the consumer credit agreement of such a client and who have consented to such interaction.
Note
The restrictions apply only to cases of interaction for the purpose of settling overdue debts at the initiative of the creditor, debt collection company, individual and legal entity engaged on a contractual basis by the creditor, debt collection company to direct interaction in settling the overdue debt, and therefore the client (or their closely related person) may contact the creditor with questions regarding the settlement of the overdue debt at any time.
The following individuals fall under the protected category
— Servicemen of the Armed Forces of Ukraine, other military units formed in accordance with the applicable legislation of Ukraine and special law enforcement agencies, the State Special Transport Service, the State Service of Special Communications and Information Protection of Ukraine who are completing military service in the territory of Ukraine.
— Servicemen who have become disabled as a result of an illness related to military service, or as a result of an illness related to military service after release from military service.
— Family members of servicemen who have been killed in action, died or are missing.
— Persons held in captivity, persons with whom contact has been lost, missing persons.
Note
A client who no longer falls under a protected category shall inform the creditor, new creditor within 30 calendar days upon the loss of their protected category status.
Documents confirming that an individual belongs to a protected category
— For servicemen of the Armed Forces of Ukraine, other military units formed in accordance with the legislation of Ukraine and special law enforcement agencies, the State Special Transport Service, the State Service of Special Communications and Information Protection of Ukraine, who are completing military service in the territory of Ukraine — a certificate signed by the commander (chief, head) or a person representing such an officer in the structural unit in which such a serviceman is serving, or by the head of the territorial centre for recruitment and social support that has taken measures to conscript the client for military service, and bearing an official seal/stamp in the form stipulated by Appendix 2 to the Law.
— For servicemen who have become disabled as a result of an illness related to military service, or as a result of an illness related to military service after release from military service — a disabled war veteran certificate shall be provided for confirmation.
— For family members of servicemen who were killed in action or died — a KIA certificate of the family member shall be provided for confirmation.
— For persons who are held in captivity, persons with whom contact has been lost, missing persons, for family members of missing servicemen — information provided by a state enterprise carrying out the function of the National Information Bureau that the person is held in captivity or held hostage by the aggressor state, or is registered as a person with whom contact has been lost or who is missing shall be provided for confirmation.
Along with the supporting document, you must also provide notification of the individual's membership in a protected category.
Persons entitled to provide notices and documentation
— A client with protected category status.
— Closely related persons, representatives, heirs, sureties or property sureties of the client.
Communication channels
