The Decision in the Case upon the Constitutional Complaint of PJSC JSCB INDUSTRIALBANK Delivered
The Second Senate of the Constitutional Court of Ukraine considered the case upon the constitutional complaint of the Public Joint-Stock Company Joint-Stock Commercial Bank INDUSTRIALBANK regarding the constitutionality of Article 13.3, Article 16.3 of the Civil Code of Ukraine (hereinafter referred to as “the Code”).
According to Article 13.3 of the Code, “actions of a person committed with the intent to harm another person, as well as abuse of rights in other forms” are not allowed. Pursuant to Article 16.3 of the Code, “the court may refuse to protect the civil rights and interests of a person in case of violation of the provisions of paragraphs two to five of Article 13 of the Code”.
Upon the results of consideration of the case, the Constitutional Court of Ukraine delivered a Decision declaring the respective norms of the Code as such that comply with the Basic Law of the State.
In particular, the Decision states that Article 13.3 of the Code should be interpreted and applied in its current relationship with the norms of the Code, primarily with those included in Articles 3, 12 and 13. According to the Constitutional Court of Ukraine, a party to civil relations if necessary, with the assistance of appropriate consultation will be able to reasonably anticipate which of his actions may be further classified as unfair and violating the limits of the exercise of civil rights, in particular in the form of abuse of rights, and what the legal consequences of such actions may be.
The Constitutional Court of Ukraine considers that the impugned rules of the Code do not discriminate against participants in civil relations, as these provisions may be applied to any participant in civil relations in case he violates the limits of civil rights, in particular by abusing his subjective civil rights.
The Decision of the Constitutional Court of Ukraine is binding, final and may not be appealed.
